Publications & Media

Federal Circuit Court Decisions For Week Ending June 15, 2018

Medtronic, Inc., v. Barry, Case Nos. 2017-1169, 2017-1170 (June 11, 2018) (precedential) (3-0) Patent Nos. 7,670,358 and 7,776,072

Key point(s):

  • When determining whether materials distributed at meeting or conference are reasonably accessible to the public, the PTAB must consider numerous factors, not just the exclusive nature and expertise of a group.

Stone Basket Innovations, LLC, v. Cook Medical LLC, Case No. 2017-2330 (June 11, 2018) (precedential) (3-0) Patent No. 6,551,327

Key point(s):

  • The totality of the evidence, including clear notice of the prevailing party’s invalidity position and litigation conduct, should be considered when determining whether a party’s actions are exceptional under Octane Fitness.

Mobileye Vision Technologies Ltd., v. iOnRoad, Ltd., Case No. 2017-1984 (June 12, 2018) (nonprecedential) Patent No. 7,113,867

Key point(s):

  • A finding is supported by substantial evidence if a reasonable mind might accept the evidence to support the finding.

In Re: Halo Leather Ltd., Case No. 2017-1849 (June 13, 2018) (nonprecedential) TTAB No. 86530941

Key point(s):

  • Evaluating the similarity between a registered mark and an applicant’s mark requires examination of the appearance, sound, connotation, and commercial impression of the two marks.
  • In finding likelihood of confusion, there is no requirement that the goods be identical so long as one of the goods in the application is sufficiently related to one of the goods in the registration such that consumers would be likely to think they were offered by the same source.