Jean-Paul Ciardullo

Jean-Paul Ciardullo

Foley & Lardner LLP

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Latest Publications


Can You Identify Your Trade Dress?

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

7/22/2016 - Burden of Proof Dismissals Inherently Distinctive Intellectual Property Protection Likelihood of Confusion Trade Dress Trademark Infringement Trademark Litigation Trademark Office Trademark Registration Trademarks

Can Foreign Sales Infringe U.S. Patents?

It is a deceptively simple question with a not so simple answer. A purely foreign transaction is certainly beyond the reach of U.S. patent law, but what if part of the transaction occurs within the United States? For example,...more

4/27/2016 - Direct Infringement FOB Terms Foreign Sales Halo v Pulse Imports Induced Infringement Patent Infringement Patent Litigation Transocean Young Lawyers

Apple v. Samsung: Design Patents Reap Profits

Design patents are an often-overlooked form of intellectual property, lying somewhere at the crossroads of trademark law, utility patent law, and copyright law. After the Federal Circuit's May 18, 2015 decision in Apple v....more

6/2/2015 - Apple Apple v Samsung Damages Design Patent Disgorgement PATENT Act Patent Infringement Patent Litigation Patents Samsung

Federal Circuit Limits Patent Exhaustion Doctrine for Complementary Technology

In its 2013 decision in Keurig, Inc. v. Sturm Foods, Inc., the Federal Circuit held that a purveyor of coffee cartridges did not infringe Keurig’s coffee brewing patents because Keurig had already made an unrestricted sale of...more

3/13/2015 - Keurig Inc Patent Exhaustion Patent Infringement Patent Litigation Patents

Pre-Trial Consolidation May Run Afoul of the America Invents Act

The America Invents Act introduced a new statute, 35 U.S.C. § 299, which provides that “accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for...more

1/14/2015 - America Invents Act Case Consolidation Patent Infringement Patent Litigation Patent-in-Suit Patents

After the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases

In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate...more

7/3/2014 - Akamai Technologies Contract Interpretation Direct Infringement Induced Infringement Limelight Networks Limelight v Akamai Miniauction Patent Infringement Patent Litigation Patents SCOTUS

New Scheduling Order May Preview Future Delaware "Local Patent Rules"

On March 24, 2014, Judge Sue L. Robinson of the District of Delaware adopted a new model Scheduling Order for patent cases litigated in her court. Apart from providing a comprehensive set of deadlines for virtually every...more

3/26/2014 - Local Patent Rules Patent Reform Patents

Declaratory Judgment Claimants: Which Products Are You Saying Don’t Infringe?

Declaratory judgment plaintiffs and counterclaimants in patent cases have long been accustomed to filing boilerplate claims that either do not identify an accused technology, or that do so in a cursory manner. Noninfringement...more

1/28/2014 - Declaratory Judgments Infringement Patent Infringement Patent Litigation Patents SCOTUS Twombly/Iqbal Pleading Standard

Triaging Trade Secret Theft

As the size, complexity, and interconnectedness of modern companies’ IT infrastructures has increased, so too has the risk of corporate espionage and cyber attacks targeting companies’ intellectual property. In-house and...more

11/13/2013 - Economic Espionage Act Theft Trade Secrets

Federal Circuit Decision Highlights Seldom-Used Doctrine of Equivalents Analysis

The Federal Circuit’s August 27, 2013 decision in Applied Medical Resources Corp. v. Tyco Healthcare Group LP (Case No. 2012-1412) (nonprecedential) relied on the seldom-used “difference in kind” test in analyzing...more

9/6/2013 - Doctrine of Equivalents Inventions Patent Infringement Patent Litigation Patents

Judge Plager (Fed. Cir.) Suggests Construing Ambiguous Claims Against the Patent Holder

On August 6, 2013, the Federal Circuit issued a 48-page opinion in 3M Innovative Props. Co. v. Tredegar Corp., in which it dissected in excruciating detail the construction of patent claims directed to “elastomeric laminates”...more

8/14/2013 - Ambiguous Claim Construction Patents

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