Trademarks

Supreme Court Holds Trademark Tacking is a Question, like any Inquiry from the Perspective of an Ordinary Purchaser or Consumer, Should be Decided by the Jury

Background: In a priority contest between trademark owners, the owner of a mark is entitled to “tack on” earlier use of a similar mark provided that the two marks are sufficiently similar.  Some circuits treated the question of whether the marks are sufficiently similar as a question of fact for a jury to decide, while …

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Patent Prosecution

Supreme Court Endorses De Novo Review of Claim Construction, But Holds that Subsidiary Facts Underlying Claim Construction are Reviewed for Clear Error

Background: Patent claim construction findings are a key aspect to patent infringement cases. Previously, the Federal Circuit reviewed the entire claim construction issue, including any subsidiary facts, de novo. Holding: While the ultimate claim construction remains reviewable de novo, the Federal Circuit must accept any subsidiary findings in the claim construction unless those findings are …

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