April 13, 2017 - On behalf of its client, D1 Sports Holdings, LLC and its parent D1 Sports Parent, LLC, who owns U.S. trademark registrations and common law marks consisting of variations of the D1 mark for fitness-related goods and services, Marbury successfully defeated registration of the mark #D1BOUND, covering a variety of clothing items. In its opinion dated April 13, 2017 (non-precedential), the Trademark Trial and Appeal Board agreed with D1 Sports that the mark #D1BOUND so resembled D1 Sports’ mark D1 “in appearance, sound, connotation and commercial impression” when used in connection with apparel and clothing, as to be likely to cause confusion. In so ruling, the Board found D1 Sports’D1 mark “inherently distinctive.” D1 Sports was represented by Marbury’s Shauna M. Wertheim and Timothy J. Murphy.
June, 2016 - CORE Survival v. S&S Precision – Representing Petitioner – Marbury prevailed on behalf of Petitioner, securing grant of Post-Grant Review institution as to certain key S&S Precision patent claims to tactical signaling devices. The Patent Trial & Appeal Board found that CORE demonstrated obviousness of the instituted claims with its Petition; Marbury secured favorable settlement on behalf of CORE shortly after institution, thereby enabling CORE to sell all products free of the threat of litigation. PTAB Case Number PGR2015-00022.
January 31, 2016 - Senate Judiciary Committee voted out the "Defend Trade Secrets Act" which would have provided direct federal court filing for claims of civil misappropriation. Read the text
January 22, 2016 - The Court of Appeals for the Federal Circuit overrules a Patent Trial & Appeals Board ruling, for failing to adequately explain it's finding of obviousness. Cutsforth v. MotivePower
January 15, 2016 - The U.S. Supreme Court accepts agrees to review a case on a pending patent Inter Partes Review. Cuozzo Speed Tech v. Lee, Docket No. 15-446