On May 23, 2016, the U.S. Court of Appeals for the Fourth Circuit denied Belmora’s petition for reconsideration en banc in the FLANAX case. Belmora LLC v. Bayer Consumer Care AG and Bayer Healthcare LLC, Appeal No. 15-1335 (4th Cir. May 23, 2016) [Order here]. The petition for reconsideration is discussedhere; the Fourth Circuit decision is TTABlogged here.
In its ruling of March 23, 2016, the appellate court concluded that “Bayer is entitled to bring its unfair competition claims under Lanham Act § 43(a) and its cancellation claim under § 14(3).” The district court’s judgment was vacated, and the case now returns to the U.S. District Court for the Eastern District of Virginia for further proceedings