Lillian Spetrino
Subscribe to Lillian Spetrino's PostsLillian Spetrino focuses her practice on intellectual property litigation. Read Lillian Spetrino's full bio.
Blurred Vision: Appeal Dismissed for Lack of Standing
By Lillian Spetrino on Aug 29, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit dismissed a patent challenger’s appeal in an inter partes review (IPR) because the challenger could not meet the injury-in-fact requirement for Article III standing. Platinum Optics Tech. Inc. v. Viavi Solutions Inc., Case No. 23-1227 (Fed. Cir. Aug. 16, 2024) (Moore, Taranto, JJ.; Checchi, Dist. J,...
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No Attorneys’ Fees Available for Successful IPR in Parallel Court Proceedings
By Lillian Spetrino on May 30, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit concluded that a party that voluntarily elects to pursue parallel proceedings before the Patent Trial & Appeal Board and the district court is not entitled to recover attorneys’ fees under 35 U.S.C. § 285 (exceptional case doctrine) in connection with the Board proceedings, nor does § 285 entitle...
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Blunt Rejection of Attorney Fees in Stipulated Dismissal
By Lillian Spetrino on May 18, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the rejection of attorney fees, finding that neither inequitable conduct nor a conflict of interest rendered the case exceptional given the limited factual record following a stipulated dismissal in a patent case. United Cannabis Corp. v. Pure Hemp Collective Inc., Case No. 22-1363 (Fed. Cir....
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“Goods in Trade” in the Age of the Internet
By Lillian Spetrino on Apr 6, 2023
Posted In Trademarks
The Trademark Trial & Appeal Board recently redefined what it takes in the age of the internet to meet the “goods in trade” requirement for registrability by holding that the Lens.com three-factor test is the universal legal standard for that inquiry. In re The New York Times Company, Serial Nos. 90106071, 90112154, 90112577, 90115155, 90115491,...
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Tag, You’re It: Sanctions Award Must Reflect Violative Conduct
By Lillian Spetrino on Dec 22, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit determined that an accused infringer was entitled to a new trial relating to validity issues but still faced sanctions for its continuous disregard of its discovery obligations. ADASA Inc. v. Avery Dennison Corp., Case No. 22-1092 (Fed. Cir. Dec. 16, 2022) (Moore, Hughes, Stark, JJ.) ADASA...
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