Patent

Other Barks & Bites for Friday, May 15: SCOTUS Rules in Trademark Defense Preclusion Case, CAFC Extends Arthrex to Reexams, EPO Enlarged Board of Appeal Issues Ruling on Patentability

This week in Other Barks & Bites: the Supreme Court finds that Lucky Brand Dungarees isn’t precluded from asserting new defenses under federal preclusion principles; the Federal Circuit issues decisions extending Arthrex to inter partes reexaminations and affirming a willful infringement verdict, despite a lack of Article III standing by the plaintiff when the suit was filed; the EPO Enlarged Board of Appeal says plants and animals derived from essentially biological processes are not patentable; USPTO publishes the requirements for participants in its COVID-19 priority examination pilot; Taiwan Semiconductor announces a $12 billion facility to be built in Arizona; the Second Circuit clarifies instances when individuals unnamed in group registrations can pursue infringement claims on individual works within the group; and the Eleventh Circuit reverses a lower court’s trademark ruling on lack of distinctiveness.

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