Author Archives: JamesJuo

Substitute Service of Corporation in Colorado

In a federal lawsuit, a corporation may be served by “delivering a copy of the summons and of the complaint to an officer or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also […]

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Quantum Meruit & Unjust Enrichment 

“In Colorado, the doctrine of quantum meruit is synonymous with the doctrine of unjust enrichment.” Cahey v. IBM Corp., No. 20-cv-00781-NYW, 2020 WL 5203787 (Sept. 1, 2020) (citing Dudding v. Norton Frickey & Assocs., 11 P.3d 441, 444 (Colo. 2000). “Quantum meruit is an equitable theory of recovery that arises out of the need to […]

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Ankle Implants and Bone Pins

Two key DuPont factors for likelihood of confusion under Section 2(d) of the Trademark Act are the similarity or dissimilarity of the marks and the goods or services. Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 192 USPQ 24, 29 (CCPA 1976) (“The fundamental inquiry mandated by § 2(d) goes to the […]

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Collecting Info vs Using Info

In Weisner v. Google LLC, No. 21-2228, — F.4th — (Fed. Cir. Oct. 13, 2022), the Federal Circuit held that method claims directed toward collecting information are abstract ideas, while method claims directed toward using the information are patent eligible. Weisner had sued Google for infringing a family of four patents, namely, U.S. Patent Nos. […]

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New Shortened Statutory Period for Trademark Office Actions

Beginning on December 3, 2022, trademark applicants will have three months (with a possible three-month extension), instead of the current six months, to respond to office actions issued by the United States Patent and Trademark Office (USPTO) during the examination and prosecution of the trademark application. The USPTO fee for requesting a three-month extension of […]

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