BRI – “Reasonable Has Meaning”

The Federal Circuit has provided additional clarification about how “broadest reasonable interpretation” (BRI) is to be applied in Inter Partes Review (IPR) proceedings, bringing BRI claim interpretation standards closer to those applied by the courts. In its June 16, 2015 Decision in Microsoft Corporation vs.... Continue Reading

Breakthrough Technology Can Be Patent Ineligible

Even breakthrough technology can be patent ineligible. On June 12, 2015, the Court of Appeals for the Federal Circuit issued its opinion in Ariosa Diagnostics, Inc. v. Sequenom, Inc. This decision included a majority opinion by two of the three judges on the panel, and a “concurrence” that signal an extremely... Continue Reading

Issue Preclusion May Apply To TTAB Decisions

The U.S. Supreme Court has ruled that a decision of the Trademark Trial and Appeal Board (“TTAB”) on likelihood of confusion may preclude re-litigation of the issue in a later filed suit in a district court for trademark infringement, but only if the issues before the TTAB and district court are “materially the... Continue Reading

Abelman, Frayne & Schwab Produces A Major Trademark Win — Federal District Court In Louisville Finds That The “Jefferson’s Ocean Aged At Sea” Trademark For Bourbon Does Not Infringe The “OCEAN” Trademark For Vodka

On June 17, 2014, Hawaii Sea Spirits, LLC (“HSS”), the producer of OCEAN ORGANIC vodka, filed a Complaint in the United States District Court for the Western District of Kentucky against our client, McLain & Kyne, Ltd. (“McLain”), the producer of JEFFERSON’S OCEAN AGED AT SEA small batch Kentucky... Continue Reading