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TOP STORY—N.D. Cal.: Apple’s challenge to the NHK-Fintiv doctrine can’t be heard in federal court
The technology company lacked standing to pursue its claim that the PTO’s rules for inter partes review unlawfully deferred to pending court cases A set of rules developed by the Patent Office to determine when the validity of existing patents would ...
Note to Subscribers
November 19, 2021
IP Law Daily will not publish next week due to the Thanksgiving Day holiday. However, we will issue breaking news alerts for major developments during this period. We will resume publication on Monday, November 29, with the extensive coverage you hav...
PATENT—E.D. Tex.: Patent for computer forum with comment rating system was not directed to an abstract idea
November 19, 2021
Kevin M. Finson, J.D.
A computer forum system which allowed users to rank comments for organization recited improvements to computer technology as opposed to merely implementing an abstract idea on conventional computer technology. Patent claims for a networked or interne...
PATENT—E.D. Tex.: PNC Bank’s suit against USAA over patents for electronic banking interfaces proceeds
November 19, 2021
Brian Craig, J.D.
Factual disputes exist whether the patent claims to track customer spending and system for savings were conventional and well-understood at the time the patents were filed. In PNC Bank’s counterclaims against USAA for infringement of patents relating...
TRADEMARK—E.D.N.Y.: Importer of European foods plausibly alleges infringement over gray market goods
November 19, 2021
Brian Craig, J.D.
The importer adequately alleges violations under both the material differences test and the quality control test in the gray market goods case. An importer and exclusive authorized distributor of European specialty foods plausibly has alleged tradema...
TRADEMARK—TTAB: A mashup of languages mark wins over the Trademark Board
November 19, 2021
Matthew Hersh, J.D.
Because the proposed mark combined one word from the Greek and Italian with another word from the Spanish, consumers would not recognize its descriptive English-language equivalent The phrase TAVERNA COSTERA did not implicate the doctrine of foreign ...
WORTH NOTING—Other IP law developments
November 19, 2021
WK Editorial Staff
A periodic roundup of other items of interest to the Intellectual Property community. COPYRIGHT—E.D. Tex .: Comic book creator Kevin Atkinson failed to state a claim that a comic book entitled “The Umbrella Academy,” created by Gerard Wray, which was...