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Caymus Vineyards v. Caymus Medical, Inc.

No. 91204667 (T.T.A.B. Jul. 12, 2013)
Caymus Vineyards v. Caymus Medical, Inc.

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,773 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,497 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. R+L Carriers, Inc. v. Drivertech LLC (In re Bill of Lading Transmission & Processing Sys. Patent Litig.)

    681 F.3d 1323 (Fed. Cir. 2012)   Cited 658 times   12 Legal Analyses
    Holding that pleading "the process for" using the accused product in an infringing way "has no other substantial non-infringing use" is not the same as pleading the accused product contains a component that can only infringe, and therefore fails to state a claim for contributory infringement

  4. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 161 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  5. Gen. Electro Music Corp. v. Samick Music Corp.

    19 F.3d 1405 (Fed. Cir. 1994)   Cited 50 times
    Finding a false statement that the patentee had conducted a prior art search to be material because it induced reliance by the PTO in granting a petition to make special

  6. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 57 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  7. Sunrise Jewelry Mfg. Corp. v. Fred S.A

    175 F.3d 1322 (Fed. Cir. 1999)   Cited 19 times
    Finding that Duraco and Knitwaves are consistent with the principle that a trade dress which does not indicate source is generic and unprotectable

  8. Young v. AGB Corp.

    152 F.3d 1377 (Fed. Cir. 1998)   Cited 19 times

    No. 98-1055 DECIDED: August 17, 1998 Appealed from: U.S. Patent and Trademark Office Trademark Trial and Appeal Board. Sharon Dinwiddie, Burke Blue, P.A., of Panama City, Florida, argued for appellant. On the brief was Edward A. Hutchinson, Jr. Pamela Ann Bresnahan, Vorys, Sater, Seymour and Pease, LLP, of Washington, DC, argued for appellee. With her on the brief was Cory M. Amron. Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge. LOURIE, Circuit Judge. John

  9. King Automotive v. Speedy Muffler King

    667 F.2d 1008 (C.C.P.A. 1981)   Cited 27 times   1 Legal Analyses

    Appeal No. 81-566. December 17, 1981. Frank H. Foster, Columbus, Ohio, for appellant. John V. Sobesky and Ernest A. Beutler, Jr., Birmingham, Mich., for appellee. Appeal from the United States Patent and Trademark Office Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. BALDWIN, Judge. This is an appeal from the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (board) of a decision granting appellee's motion to dismiss appellant's amended

  10. W.D. Byron Sons v. Stein Bros. Mfg. Co.

    377 F.2d 1001 (C.C.P.A. 1967)   Cited 18 times

    Patent Appeal No. 7806. May 25, 1967. Kaye, Scholer, Fierman, Hays Handler, New York City (Sidney A. Diamond, New York City, of counsel), for appellant. Hill, Sherman, Meroni, Gross Simpson, Charles F. Meroni, Charles F. Meroni, Jr., Chicago, Ill., for appellee. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal by opposer-petitioner Byron from the

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 349,115 times   932 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,937 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,447 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,165 times   322 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,730 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  16. Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

    15 U.S.C. § 1115   Cited 1,913 times   34 Legal Analyses
    Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"

  17. Section 1065 - Incontestability of right to use mark under certain conditions

    15 U.S.C. § 1065   Cited 1,106 times   16 Legal Analyses
    Listing the requirements for incontestability

  18. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 888 times   48 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  19. Section 2.128 - Briefs at final hearing

    37 C.F.R. § 2.128   Cited 3 times
    Setting forth rules for submission of briefs to the TTAB