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Civil Procedure Civil Remedies Intellectual Property

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Grinch loses and protection of parody wins

by Thompson Coburn LLP on

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on...more

An Update from Mars: “CocoVaa” Dispute Resolved

Earlier this year, I posted about a dispute between candy company Mars Inc. and a small business based in Wisconsin, selling handmade fine chocolates under the mark CocoVaa....more

Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache

In 2016, the U.S. Supreme Court issued a decision in the case of Halo Electronics, Inc. v. Pulse Electronics, Inc. making it easier for courts to find willful infringement in patent cases and award enhanced damages. Prior to...more

Jury Verdict of Patent Infringement in Favor of iLife Against Nintendo Awarding $10 Million in Damages

by Knobbe Martens on

Judgments and Awards - On August 31, 2017, a jury in the Northern District of Texas returned a verdict of patent infringement in favor iLife and against Nintendo. The case went to trial after the Federal Circuit on July...more

Octane Fitness Hits the Showers: Federal Circuit Affirms Attorneys’ Fees Award in Landmark Case

After an eight-year battle through the Federal Courts, the fight over attorneys’ fees in Octane Fitness v. ICON Health & Fitness has likely reached its end with the Federal Circuit upholding the hotly disputed $1.6 million...more

Tiffany’s Trademark Infringement Win a Costly Lesson for Costco

by Bryan Cave on

A federal district court has ordered Costco to pay Tiffany at least $19.4 million in a trademark infringement battle based on generic diamond engagement rings bearing the “Tiffany” name. Judge Laura Taylor Swain in the...more

Federal Circuit Review - August 2017

by Knobbe Martens on

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

The Biosimilars Council Supports Sandoz’s Preemption Position in Federal Circuit Amicus Brief

by Goodwin on

Last week the Biosimilars Council submitted an amicus brief in the Federal Circuit remand proceedings for Amgen v. Sandoz, arguing that Amgen’s state-law claims for Sandoz’s failure to comply with the patent dance’s...more

Dr. Phil and His Texas-Sized Copyright Victory in the Lone Star State: Is This “EDTX 2.0” After TC Heartland?

by Dorsey & Whitney LLP on

And just like that, it was over. The U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods Group sun-setted the reign of the U.S. District Court for the Eastern District of Texas as the country’s busiest (and arguably,...more

AstraZeneca succeeds in omeprazole patent infringement profits case

by Smart & Biggar on

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

Google Inc. V. Equustek & The Supreme Court Of Canada

by Ladas & Parry LLP on

In the case of Google Inc. v. Equustek, the Supreme Court of Canada has upheld the grant of a preliminary injunction by the Court of Appeals of British Columbia ordering Google to de-index on a global basis websites of a...more

News Alert: Precedential Patent and Trademark Order by the Federal Circuit

In June, the Federal Circuit panel ruled (over Judge Stoll’s dissent) that 35 U.S.C. § 145’s “all expenses of the proceedings” provision requires a patent applicant to pay attorneys’ fees to the USPTO when the applicant...more

Red Wings vs Right Wings: Copyright Tarnishment and Other Lessons

by Revision Legal on

We wrote recently about our outrage at white nationalists modifying and using the Detroit Red Wing’s famous “winged wheel” logo. Our outrage continues and we take a closer look at the potential lawsuit that might be in order....more

Lessons Learned: Tips on How to Allege and Argue Trade Secret Misappropriation at a Preliminary Injunction Hearing

Since its passage in 2016, the Defend Trade Secrets Act (DTSA) has increasingly become a valuable tool for employers seeking to enjoin former employees and competitors from misappropriating trade secrets. However, in requests...more

Two Recent Decisions Highlight Divergent Extraterritorial Application of Lanham Act and Copyright Act

by Orrick - IP Landscape on

The question whether and under what circumstances the Lanham Act and the Copyright Act will be applied to conduct occurring at least partially outside the United States grows increasingly important as the world economy...more

Texas Supreme Court Announces New Rule for Exemplary Damages

by Strasburger & Price, LLP on

The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more

Naming Exclusive Licensee as Defendant, Exclusively, Leads to Dismissal of Declaratory Judgment Action

For declaratory judgment (DJ) actions concerning patents, whether a patent owner’s conduct is sufficient for there to be a real and immediate controversy is the usual jurisdictional hurdle. In BASF Plant Science, LP v. Nuseed...more

Kerrygold Update: A Buttery Settlement

A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark...more

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

by Bennett Jones LLP on

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more

You Can Ignore Claim Language As Long As it is Before the Colon

In Georgetown Rail Equipment Company v. Holland L.P., [2016-2297] (August 1, 2017), the Federal Circuit affirmed judgment of infringement and the award of lost profits and enhanced damages for infringement of U.S. Patent No....more

Federal Circuit Review - July 2017

by Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the...more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

by Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original...

by Knobbe Martens on

Patent Judgments and Awards - On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”)...more

Jury Awards $10.4 Million in Damages to Philips for ZOLL’s Infringement of Defibrillator Patents

by Knobbe Martens on

Patent Judgments and Awards - On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to automated external defibrillators. This represents only a...more

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