April 11, 2019
An article written by Fitch Even partner John E. Lyhus, with contributions from Fitch Even law clerk Zachary Van Engen, is featured in the Japanese version of the March 2019 edition of A.I.P.P.I., the journal of the International Association for the Protection of Intellectual Property in Japan.
In the article, “Federal Circuit Clarifies Secondary Meaning and Infringement Issues for Product Design Trade Dress,” John discusses the importance of the Federal Circuit’s decision in Converse, Inc. v. ITC and explains how it provides clarity on how the Federal Circuit analyzes secondary meaning and trademark infringement issues for product design trade dress.
IP Alert | Knowledge Within the Art Does Not Save Means-Plus-Function Claim Term Lacking Corresponding StructureFebruary 19, 2021
On February 12, in Synchronoss Technologies, Inc. v. Dropbox, Inc., the Federal Circuit affirmed that certain of Synchronoss's claims were invalid for indefiniteness, since the claims included a means-plus-function claim term that did not have adequate structural support in the specification. Read more
IP Alert | Customer Loyalty Program Does Not Claim Patent-Eligible Subject MatterFebruary 16, 2021
On February 8, in cxLoyalty, Inc v. Maritz Holdings, Inc., the Federal Circuit invalidated a patent for failure to claim patentable subject matter, reversing findings of the PTAB relating to substitute claims in a CBM review. Read more