In the case of Heritage Alliance, the Federal Circuit upheld the TTAB's decision, stating that the terms 'iVoterGuide' and 'iVoterGuide.com' were deemed highly descriptive and did not achieve distinctiveness.
The Federal Circuit panel indicated that the district court imposed an unjustifiably high standard on SAP in regard to specifying trial witnesses, though SAP's neutrality claim was upheld.
Realtek claimed that DivX's change in infringement theory constituted a material alteration that was improperly timed, thereby wasting resources and misrepresenting true allegations during the case.