Tim Dunker
Subscribe to Tim Dunker's PostsTimothy 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.
Party May Not Veil EU Individual’s Information under GDPR at the TTAB
By Tim Dunker 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 Tim Dunker 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 Tim Dunker 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 Tim Dunker 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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