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In Re Pennington Seed, Inc. on Trademark/Generic Designation

On October 19, 2006, the U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (the Board) decision to deny registration of the mark “Rebel” for grass seed on the grounds that the mark is a generic designation of the seed and therefore not entitled to registration. Pennington Seed, Inc. …

CAFC Rules on Anticipation under 35 U.S.C. §102(b)

The United States Court of Appeals for the Federal Circuit affirmed a district court’s ruling that omission during prosecution of “comparative data” that is not at issue in a prior art does not constitute inequitable conduct. However, the court reversed the lower court’s ruling that found the patent to be invalid as anticipated. Impax Laboratories …

Preliminary Injunction for Design Patent Infringement is overturned by the Federal Circuit

In PHG Technologies, LLC, v. St. John Companies, Case No. 06-1169 (Fed. Cir., Nov. 17, 2006), the Federal Circuit vacated the United States District Court for the Middle District of Tennessee’s preliminary injunction in favor of Plaintiff-Appellee, PHG Technologies, L.L.C. (“PHG”). The court relied on the finding that Defendant-Appellant, St. John Companies, Inc. (“St. John”) …

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