US Courts of Appeal, Federal Circuit (CAFC). Decided: November 1, 2017
Watson Laboratories, Inc. appeals the District of Delaware¡¯s final judgment holding Watson failed to prove by clear and convincing evidence that claims 9 and 11 of U.S. Patent No. 8,613,950 (¡°the ¡¯950 patent¡±) would have been obvious.
The '950 patent is an invention with a title of "Pharmaceutical Forms With Improved Pharmacokinetic Properties". It issued on December 24, 2013. It had been filed as a national stage application of PCT/EP2006/001393, which is again a PCT application of German patent application No. 102005009240.3. It claims priority to March 1, 2005. Bayer is listed as its asignee. more
LG Electronics, Inc. filed a trademark application to register QLED (in standard characters) on the Principal Register for goods including mobile phones, smart phones, laptop computers, Computers, tablet computers, and LED panels. The Trademark Examining Attorney originally refused registration on the ground that QLED is merely descriptive of Applicant¡¯s goods.
Then LG amended the application to seek registration on the Supplemental Register. But the Examining Attorney continued the the smae refusal, and also refused registration on the additional ground that QLED is generic and therefore incapable of distinguishing the identified goods.
When the Examining Attorney made both refusals final, LG filed a request for reconsideration, which the Examining Attorney denied. Applicant then appealed to TTAB (Trademark Trial and Appeal Board). more
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