Author: Frederick Spaeth

Maybe THE Biggest Trademark Touchdown in History?

There are many types of words and symbols that the USPTO is obliged to exclude from registration as trademarks, including those that are merely descriptive of the applicant’s goods and/or services and those that otherwise simply fail to indicate to consumers that the goods or services identified by the mark are associated with a particular source. Understood that way, it would seem audacious for anyone attempt to register the single most common word in the English language for their own exclusive use in connection with any specific product or service.

Four Cannons of Construction in U.S. Patent Infringement: CAFC Reverses Lower Court in Evolusion Concepts, Inc. v. Juggernaut Tactical, Inc

In Evolusion Concepts, Inc. v. Juggernaut Tactical, Inc*., the U.S. Federal Circuit Court of Appeals maneuvered through a thicket of patent claim construction cannons to overturn an off-target summary judgement ruling of ‘no infringement’ of the claims of U.S. Patent 8,756,845. The invention in the ‘845 Patent was a response […]

Nuvo Pharmaceuticals v. Dr. Reddy’s Laboratories: Nonobvious Pharmaceutical Formulation Must Be Demonstrated

In Nuvo Pharmaceuticals v. Dr. Reddy’s Laboratories (Fed. Cir. 2019), the Federal Circuit held that a patent on a claimed pharmaceutical formulation was invalid for having an inadequate written description, even though the patent disclosed, in sufficient detail, effective formulations.