The Court of Appeals for the Federal Circuit (“CAFC”), in a 2-1 vote, held in Australian Therapeutic Supplies Pty., Ltd. v. Naked TM, LLC, Appeal No. 2019-1567 ...
On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) affirmed a decision by the U.S. District Court for the District of Delaware (“district court”) that found four Recentive ...
“The CAFC explained that the passages [from Nalco] cited by UTTO ‘should not be read as stating a categorical rule against a district court’s adoption of a claim construction in adjudicating a motion ...
“When the party with the burden of proof, such as Finesse, rests its case on an expert’s self contradictory testimony, we may conclude the evidence is insufficient to satisfy that standard.” – CAFC ...
In May 2025, the Federal Circuit emphasized the importance of avoiding trademarks that falsely suggest a connection with the United States government. The In re: Thomas D. Foster case is one of ...