Tim Dunker

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Timothy M. Dunker focuses his practice on intellectual property matters. He handles potential patent assertions, claim construction matters, as well as petitions for certiorari relating to Fourth Amendment probable cause. Read Tim Dunker's full bio.

Argument Forfeit in Remand Notwithstanding Modified Claim Construction

By on Aug 4, 2022
Posted In Patents

In the second appeal arising from an inter partes review (IPR), the US Court of Appeals for the Federal Circuit found that its revised claim construction from the first appeal did not permit the patent challenger to raise a new argument in a remand proceeding at the Patent Trial & Appeal Board (Board) since the...

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Terms of Degree Not Always Indefinite

By on Apr 21, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit overturned a district court determination that the claim terms “resilient” and “pliable” were indefinite. The Federal Circuit found that the claims, while broad, were sufficiently definite in view of both intrinsic and extrinsic evidence. The Federal Circuit also upheld the district court’s findings of no induced...

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What Preclusion? Post-IPR Reexam Moves Forward

By on Mar 10, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit revived a petitioner’s validity challenge seeking ex parte review at the US Patent & Trademark Office (PTO), reversing a district court decision dismissing its complaint seeking Administrative Procedures Act (APA) review of the PTO Director’s vacatur decision. The Federal Circuit concluded that the petitioner was not...

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2022 IP Outlook Report: The Developments Shaping Patent Law

By , , , , , and on Feb 17, 2022
Posted In Patents

Key Takeaways and Outlook for 2022 Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: Patents/SEP FRAND Licensing Venue Developments Subject Matter...

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Party May Not Veil EU Individual’s Information under GDPR at the TTAB

By on Oct 14, 2021
Posted In EU Update, Trademarks

In a rare precedential opinion, the Trademark Trial & Appeal Board (TTAB, Board) ruled that the EU General Data Protection Regulation (GDPR) does not apply in Board proceedings. Chicago Mercantile Exchange, Inc. v. Intercontinental Exchange Holdings, Inc., Opposition Nos. 91235909; 91254514 (T.T.A.B. Sept. 27, 2021) (Faint, Interlocutory Attorney). This was a consolidated proceeding between Chicago...

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A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

By on Sep 30, 2021
Posted In Copyrights

The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was not a proper copyright owner. Perea v. Editorial Cultural Inc., Case Nos. 19-2119, -2129 (1st Cir. Sept. 13, 2021)...

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3D Chess at the Federal Circuit: Can’t Walk Back Arguments in Prior Appeal or Prosecution History

By on Sep 9, 2021
Posted In Patents

In the second appeal to the US Court of Appeals for the Federal Circuit, the preamble term “three-dimensional spreadsheet” was found to be a limitation in the context of claims directed to organizing and presenting information in electronic spreadsheets based on prosecution disclaimer and arguments made in the first appeal. Data Engine Techs, LLC v....

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Triple Trouble: Unauthorized Trademark Use among Organizations with Nearly Identical Name

By on Apr 1, 2021
Posted In Trademarks

The US Court of Appeals for the District of Columbia Circuit affirmed a district court ruling that the use of nearly identical marks by a military order, a related foundation and a funding organization was likely to cause confusion. Military Order of the Purple Heart Service Foundation, Inc. v. Military Order of the Purple Heart...

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