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Dilworth IP Partner Presents at Lawyer-Pilot Bar Association’s Winter 2019 Convention

Dilworth IP’s Benjamin Lehberger recently spoke at the Lawyer-Pilot Bar Association’s Winter 2019 Convention in Cocoa Beach, FL. Ben’s talk, entitled “Where are We Headed in Space? Charting the Industry’s Trajectory Through Patent Filings” showed how the patent landscape for space technology has changed dramatically over time. Despite NASA being the dominant filer for decades, Ben showed that the last 20 years of filings have been led by private firms. He also considered how the latest patents filings, on technologies such as artificial gravity and global internet access, give insight into what’s next in space.

Determining Trademark Confusion with DuPont Factors

Forty years ago, people were dancing to Stayin Alive by the Bee Gee’s, munching on Reese’s Pieces for the first time, and watching John Travolta & Olivia Newton-John in Grease, and Jamie Lee Curtis in Halloween (the first one!).  A lucky few were playing Space Invaders on their Atari 2600, or DOS-based games on their Apple II computer; and the iPhone was not yet a glint in Steve Jobs’ eye.  Coincidentally, forty years ago the mark “GUILD INVESTMENT MANAGEMENT” (GIM) was being used by Guild Investment Management, Inc. for investment advisory services while the mark “GUILD MORTGAGE COMPANY” (GMC), owned by Guild Mortgage Company (Guild), was being used for mortgage banking services.[2]  Nevertheless, decades later an application for the GMC mark in International Class 36 was refused by the Examiner, who argued that there was a likelihood of confusion with the GIM mark because “the marks, nature of the services and trade channels were similar.”[3]  The Trademark Trial and Appeal Board agreed, despite finding that “consumers ‘may exercise a certain degree of care in investing money, if not perhaps in seeking a mortgage loan.’”[4]  Guild appealed to the Federal Circuit.

Obviousness, Prodrugs and the Rule of 5: Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH

In Amerigen Pharmaceuticals Limited v. UCB Pharma GMBH, 2017-2596 (Fed. Cir. January 11, 2019), the Federal Circuit upheld the Board’s IPR finding that claims 1-5 and 21-24 of UCB’s U.S. Patent 6,868,650 were not obvious.[1]  The patent claims cover Toviaz® (Fesoterodine), an antimuscarinic drug to treat urinary incontinence.[2]  Judge Lourie included a remark […]

Rising Carbon Dioxide Levels: Capture Methods & Patent Trends

Recent data from NOAA, the National Oceanic and Atmospheric Administration, indicates that current atmospheric carbon dioxide (CO2) levels are at 409 ppm as of October 2018. This is a 36% increase from the highest historical CO2 level,1 and is increasingly being attributed to human activity, namely fossil fuel combustion in power generation, […]

Assignor Estoppel & Inter-Partes Review: Arista Networks, Inc. v. Cisco Systems, Inc.

Arista Networks, Inc. (Arista) petitioned for an IPR of Cisco Systems, Inc.’s (“Cisco”) patent, U.S. 7,340,597, relating to protecting computer network systems from outside attack using a logging module.[1] Claims 1 and 29 are as follows: 1.An apparatus comprising: a communications device comprising: a subsystem; and a logging module, coupled to […]