This episode concerns a United States Court of Appeals for the Federal Circuit opinion, dated December 10, 2025, concerning a trademark dispute between Game Plan, Inc., the appellant, and Uninterrupted IP, LLC (UNIP), the appellee. The core issue is an appeal from the Trademark Trial and Appeal Board (TTAB) decision that canceled Game Plan's registration for its stylized mark, which includes the phrase "I AM MORE THAN AN ATHLETE." The Federal Circuit considered two main arguments from Game Plan: that the TTAB erred in granting UNIP priority based on its acquisition of common law rights to a similar mark, and that the TTAB improperly excluded Game Plan’s evidence due to procedural failures. Ultimately, the court affirmed the TTAB's decision, concluding that UNIP's acquisition of common law rights to MORE THAN AN ATHLETE was valid and established priority over Game Plan’s mark, regardless of the procedural arguments regarding UNIP's intent-to-use applications. The court also upheld the TTAB's exclusion of Game Plan's evidence, noting that the materials were not properly entered into the trial record.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode presents an opinion from the United States Court of Appeals for the Federal Circuit regarding an appeal filed by Bayou Grande Coffee Roasting Co. concerning the registration of the trademark KAHWA. The court reviewed the Trademark Trial and Appeal Board's decision, which had affirmed the examiner's refusal to register KAHWA for use in cafés and coffee shops. The initial refusals were based on arguments that KAHWA was generic or merely descriptive because it meant "coffee" in Arabic or referred to a specific Kashmiri green tea, but the Federal Circuit ultimately reversed the Board's determination. The court found that the findings of genericness and mere descriptiveness based on the Kashmiri green tea meaning were not supported by substantial evidence, as there was no record that U.S. cafés or coffee shops sold this specific tea. Furthermore, the court concluded that the doctrine of foreign equivalents could not be applied because the mark had a well-established alternative English meaning, thus clearing the way for KAHWA to be registrable.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode covers an opinion from the United States Court of Appeals for the Federal Circuit regarding a patent dispute between International Business Machines Corporation (IBM), the appellant, and Zillow Group, Inc., and Zillow, Inc. (Zillow), the cross-appellants. The appeal and cross-appeal stem from a decision by the Patent Trial and Appeal Board (Board) concerning the patentability of claims in IBM’s ’346 patent, which relates to single sign-on (SSO) operations. The court ultimately affirms the Board's decision, which had found certain claims unpatentable based on the prior art reference Sunada and had found other claims not unpatentable. Key issues addressed include whether the Board overstepped the scope of the original petition when assessing "protected resources" and whether the Board had substantial evidence for its findings regarding an "identifier associated with the user".

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode is about an opinion from the United States Court of Appeals for the Federal Circuit regarding the appeal in the case of Coda Development S.R.O. v. Goodyear Tire & Rubber Company, which revolves around claims of trade secret misappropriation and a denial for the correction of inventorship for a Goodyear patent related to self-inflating tire (SIT) technology. The plaintiffs, collectively referred to as "Coda," were appealing a district court's decision that granted Goodyear judgment as a matter of law despite a jury previously finding in Coda's favor and awarding millions in damages. The appellate court affirms the district court's judgment, concluding that no reasonable jury could find that Coda proved all elements required for a trade secret misappropriation claim under the Ohio Uniform Trade Secrets Act or that the correction of inventorship was warranted. Specifically, the court found that Coda's alleged trade secrets (TS 7, TS 11, TS 20, TS 23, and TS 24) were either not sufficiently definite, not secret, or that Goodyear had not used them.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode is about an opinion from the United States Court of Appeals for the Federal Circuit regarding the case of Adnexus Inc. v. Meta Platforms, Inc., which concerns a patent infringement lawsuit. Adnexus, the plaintiff-appellant, appealed the dismissal of its lawsuit against Meta for failure to state a claim, specifically focusing on whether Meta’s "Lead Ads" product infringed on a patent for an online advertising system. The core of the dispute revolves around the interpretation of the patent claim requiring the retrieval of a user profile that includes "delivery method preferences"; the district court ruled that Adnexus failed to plausibly allege this element was met because contact information was distinct from delivery method preferences. However, the Court of Appeals vacated the dismissal and remanded the case, finding that the district court erred by implicitly construing the claim term against Adnexus without a proper claim construction process. The appellate court concluded that Adnexus's allegations, which suggested that contact information could be considered a form of delivery method preference, were sufficient to state a plausible claim for infringement.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode presents an opinion from the United States Court of Appeals for the Federal Circuit, resolving a patent dispute between Seagen Inc. and Daiichi Sankyo Company, Ltd. concerning an antibody-drug conjugate (ADC) cancer treatment. Seagen had previously secured a jury verdict in the Eastern District of Texas finding that Daiichi's drug, Enhertu®, willfully infringed the ’039 patent and awarded Seagen over $41 million in damages. However, the Federal Circuit reversed the district court’s denial of judgment as a matter of law (JMOL), finding the ’039 patent to be invalid. The court ruled that the patent failed to meet the written description requirement because its original 2004 priority application did not specifically disclose the claimed Gly/Phe-only tetrapeptide subgenus, only a broad group of over 47 million options. Furthermore, the patent failed the enablement requirement, as using any drug moiety in the ADC required undue trial-and-error discovery to confirm its necessary functionality. Consequently, the patent was deemed invalid, and the findings of willful infringement and the damages award were vacated.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode is about an Opinion from the United States Court of Appeals for the Federal Circuit (CAFC) in 2025, addressing an appeal by Gesture Technology Partners, LLC concerning the unpatentability of its ’431 patent. The case centered on an ex parte reexamination that proceeded despite the existence of two related inter partes reviews (IPRs) that had already found most claims invalid. Gesture challenged the Patent Office’s denial of its petition to terminate the review, arguing that IPR estoppel should apply against the requester (Samsung) to an ongoing ex parte proceeding, but the CAFC rejected this statutory interpretation, confirming that the estoppel provision is inapplicable against the Patent Office maintaining the reexamination. Furthermore, the court rejected Gesture’s assertion that the Patent Office lacked jurisdiction over the expired patent, upholding prior reasoning that such reviews create a live case or controversy. Ultimately, the CAFC affirmed the PTAB's conclusion that prior art anticipated claims 11 and 13, thereby affirming the unpatentability of all remaining claims in the patent.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit addressing the appeal filed by EscapeX IP, LLC against a series of sanction rulings granted in favor of Google LLC. The court affirmed the district court’s determination that the patent infringement case against Google was "exceptional" under 35 U.S.C. § 285, largely because EscapeX failed to conduct an adequate pre-suit investigation and proceeded with frivolous claims even after being repeatedly warned. EscapeX also appealed the denial of its motion to amend the judgment under Rule 59(e), which the Federal Circuit agreed was properly denied because the purported "newly discovered evidence" was available earlier. Furthermore, the court upheld the award of a second set of attorneys’ fees under 28 U.S.C. § 1927, concluding that EscapeX’s attorneys acted recklessly by filing and prolonging the litigation over the frivolous post-judgment motion. Ultimately, the Federal Circuit affirmed all decisions, including making EscapeX and its counsel jointly and severally liable for the second fee award.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode presents an opinion from the United States Court of Appeals for the Federal Circuit in a patent dispute involving Akamai Technologies, Inc. and MediaPointe, Inc. The appeal centered on patents describing an "intelligent distribution network" for streaming media, with the appellate court affirming the lower court’s final judgment on all contested issues. The court upheld the invalidity of multiple claims containing terms like "optimal" or "best" because the specification lacked the necessary objective boundaries or clear guidance for weighing various performance metrics such as latency and hops. For the remaining asserted claims, the court affirmed the grant of summary judgment of noninfringement to Akamai, finding that MediaPointe failed to show that Akamai's system met a key limitation requiring the management center to receive an initial request for media content. This failure stemmed from evidence showing that Akamai's component only received a DNS query, which the court determined was not the requested content message required by the claim language.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode regards an opinion from the United States Court of Appeals for the Federal Circuit in the case of Duke University v. Sandoz Inc., decided on November 18, 2025. The core issue is an appeal from Sandoz regarding a lower court's judgment that upheld the validity of claim 30 of U.S Patent No. 9,579,270, which relates to using specific prostaglandin F analogs for treating hair loss. Duke University and Allergan Sales, LLC, the owners of the patent, had previously won a jury trial finding that Sandoz failed to prove the claim was invalid for lack of adequate written description and were awarded $39 million in damages. The Federal Circuit Court reversed the district court's judgment, concluding that no reasonable jury could have found that the patent specification provided a sufficient written description to lead a skilled artisan to the claimed subgenus of chemical compounds, especially since the patent's description was overly broad and failed to include sufficient "blaze marks" to define the specific invention.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.