Casa Tradicion, which makes and distributes tequila under the brand name CLASE AZUL, brought a trademark infringement action against Casa Azul's use and registration of the mark CASA AZUL for its own brand of tequila.
In inter partes review proceedings, the Patent Trial and Appeal Board has historically been reticent to consider arguments raised for the first time in a petitioner's reply.
The Federal Circuit handed down an opinion last week that invalidated several asserted claims and found infringement under 35 U.S.C. § 271(e)(2) of the claims, while refusing to modify.