Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

June 2013 Archives

Patent Trolls 'n Eye Rolls: Fed Circuit Protects Abstract Patent?

Patent troll haters’ eyes are rolling at the Federal Circuit after, according to some critics, the court missed a golden opportunity to finally rein in abstract patents, reports SiliconAngle.

One such notable critic, Timothy B. Lee, rolled his eyes completely into the back of his head in a Washington Post article he wrote titled, “One the worst patents ever just got upheld in court.”

Yeah, he was referring to the Federal Circuit…

Lee takes issue with the Federal Circuit protecting patents on concepts for future inventions. Most troubling, he thinks it will exacerbate our already out-of-control patent trolling problem.

Levi Continues Eight Year Butt-Squiggly War Against Abercrombie

For eight long years, Levi Strauss has been battling Abercrombie and Fitch over a design on the back pocket of denim jeans. You're probably familiar with the Levi "v", also known as the "Arcuate" trademark, but few are familiar with Abercrombie's "mirror image stitching design" from their now-defunct post-collegiate Ruehl No.925 line of higher-priced clothing.

Why, despite the death of Ruehl, are they still fighting? We're not sure, but the trademark application is still pending in the PTO, and A&F may release some denim jeans under their Gilly Hicks brand of "knickers from casual to sexy, relaxed PJ's and beauty things" (think lingerie and sweatpants).

So now we face the looming question: Is a butt-squiggle really worth eight years of Wrangler-ing (jean pun!) through the PTO, District Court, the Ninth Circuit, and now, the Federal Circuit?

Monsanto Said It Won't Sue, Now It Can't, Says Federal Circuit

The Federal Circuit Court of Appeals smacked down an idealistic but unrealistic legal campaign against Monsanto’s biotech patents this week, reports NPR.

The organic farmers marched went to court to declare the corporate giant’s patents invalid. According to the farmer’s lawyers, they were “forced to sue preemptively to protect themselves from being accused of patent infringement” if their field became contaminated by Monsanto’s genetically modified seed.

Army, KBR Contract Dispute Creates Uncertainty, Warns DOJ

According to the Justice Department, the outcome of an Army and KBR lawsuit over the final stages of LOGCAP III , the largest government services contract in U.S. History, may affect many thousands of federal contracts while creating “enormous uncertainty” for vendors and the government, reports the Federal Times.

A reminder to practitioners and law students: pay attention to footnotes.