Tyler Jackson
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Shocking: Fifth Circuit affirms disgorgement award based on willful infringement
By Tyler Jackson on May 21, 2026
Posted In Trademarks
The US Court of Appeals for the Fifth Circuit affirmed a finding of trademark infringement and unfair competition under the Lanham Act and Texas law, upholding an award of profits based on willful infringement. The Court vacated and remanded the permanent injunction as overbroad, however. Trojan Battery Co., L.L.C. v. Golf Carts of Cypress, L.L.C.,...
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Missed delivery: Institution decision statutorily unreviewable
By Tyler Jackson on May 7, 2026
Posted In America Invents Act, Patents
Addressing the scope of appellate review under the America Invents Act, the US Court of Appeals for the Federal Circuit determined that challenges grounded in 35 U.S.C. § 312(a)(2)’s real-party-in-interest requirement are unreviewable where they are closely tied to the Patent Trial & Appeal Board’s institution decision. Fed. Express Corp. v. Qualcomm Inc., Case No....
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Public use, even without explicit public disclosure, is patent bar under pre-AIA § 102(b)
By Tyler Jackson on Apr 23, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed summary judgment of invalidity under the pre-America Invents Act (AIA) on sale bar, holding that a third party sale to the public of a product embodying a patented method and apparatus can trigger invalidity even where details of the invention were not expressly disclosed. Definitive...
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“X” marks the spot: A single DuPont factor may be dispositive
By Tyler Jackson on Apr 16, 2026
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed dismissal of a trademark opposition, concluding that a single DuPont factor may be sufficient on its own to support a finding of no likelihood of confusion. Fuente Mktg. Ltd. v. Vaporous Techs., LLC, Case No. 24-1460 (Fed. Cir. April 8, 2026) (Prost, Taranto, Hughes, JJ.)...
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Corresponding disclosed structure? Only what’s necessary to perform a recited function
By Tyler Jackson on Mar 26, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit held that the disclosure of an added function in the specification of a patent should not affect the structure necessary to meet the recited function in a Section 112(f) claim element. Gramm v. Deere & Co., Case No. 24-1598 (Fed. Cir. Mar. 11, 2026) (Lourie, Reyna,...
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The meaning is plain as day: Just follow the grammar
By Tyler Jackson on Feb 26, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed and vacated a decision by the Patent Trial & Appeal Board, explaining that the Board failed to consider common textual modifier language when applying the plain meaning to a disputed claim term. Netflix, Inc. v. DivX, LLC, Case No. 24-1541 (Fed. Cir. Feb. 13, 2026)...
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