Christopher M. Bruno
Subscribe to Christopher M. Bruno's PostsChristopher M. Bruno focuses his practice on intellectual property litigation matters (i.e., patent, trade secrets, and related contract disputes) in the US Supreme Court, the US International Trade Commission, the US Court of Appeals for the Federal Circuit, as well as various district courts around the country. Read Christopher M. Bruno's full bio.
It’s Good to Be the Sovereign, Unless You Have an Exclusive Licensee
By Christopher M. Bruno on Aug 5, 2020
Posted In Patents
Addressing the interaction between state sovereign immunity under the 11th Amendment and joinder under the Federal Rules of Civil Procedure, a “fractured majority” of the US Court of Appeals for the Federal Circuit determined that an exclusive licensee could proceed with suit even though state sovereign immunity prohibited involuntary joinder of the patent owner. Gensetix,...
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The Naked Truth About Trademark Cancellation: Only Harm, No Proprietary Interest Required
By Christopher M. Bruno on Aug 5, 2020
Posted In Trademarks
The US Court of Appeals for the Federal Circuit determined that a contracting party that contractually abandoned any proprietary interest in a mark may still bring a cancellation action if it can “demonstrate a real interest in the proceeding and a reasonable belief of damage.” Australian Therapeutic Supplies Pty. Ltd. v. Naked TM, LLC, Case...
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Petitioner’s Reply Argument in IPR Is Not an Impermissible New Theory
By Christopher M. Bruno on Feb 27, 2020
Posted In America Invents Act, Patents
Addressing whether the Patent Trial and Appeal Board (PTAB or Board) too narrowly read its rules limiting reply briefs in an inter partes review (IPR) to preclude a petitioner’s argument as a “new theory of unpatentability,” the US Court of Appeals for the Federal Circuit concluded that the Board abused its discretion by not considering...
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PTAB Final Written Decisions Are, After Appeal, Actually Final
By Christopher M. Bruno on Jan 22, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court judgment that the owner of a patent with claims declared unpatentable by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) may not challenge ir collaterally attack the decision in district court. The Federal Circuit concluded that the...
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