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NaturMed, Inc. v. Botanica Bioscience Corporation, and Plantiva, LLC

No. 92060182 (T.T.A.B. Feb. 23, 2017)
NaturMed, Inc. v. Botanica Bioscience Corporation, and Plantiva, LLC

16 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,290 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,235 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,583 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  4. Mingus Constructors, Inc. v. U.S.

    812 F.2d 1387 (Fed. Cir. 1987)   Cited 366 times   1 Legal Analyses
    Finding that letters indicating an intent to file a claim in the future for an unspecified amount were not claims as defined by the contract where the contractual definition of claim was substantially the same as the FAR definition: "a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract"

  5. 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

  6. Barmag Barmer Maschinenfabrik v. Murata Mach

    731 F.2d 831 (Fed. Cir. 1984)   Cited 276 times   1 Legal Analyses
    Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."

  7. In re DBC

    545 F.3d 1373 (Fed. Cir. 2008)   Cited 62 times   3 Legal Analyses
    Holding the plaintiffs waived their Appointments Clause challenge to two panel members of the United States Patent and Trademark Office Board of Patent Appeals "by failing to raise it before the Board"

  8. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 76 times
    Applying Recot in analyzing the similarity of services

  9. Crash Dummy v. Mattel

    601 F.3d 1387 (Fed. Cir. 2010)   Cited 26 times   3 Legal Analyses
    Explaining that we "review[] [the TTAB's] evidentiary rulings for an abuse of discretion"

  10. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,300 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,953 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark