Harness, Dickey & Pierce, PLC

Three Stripes and You’re Out

On March 17, Adidas American, Inc. sued Juicy Couture, Inc., in the District of Oregon (3:17-cv-00437), alleging trademark infringement, unfair competition, trademark dilution, deceptive trade practices, and breach of contract. …more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

To The Relief of Sergeants Everywhere, Forever 21 Challenges Adidas’ Three Stripe Marks

On March 3, Forever 21, Inc. sued Adidas American, Inc. in the Central District of California (2:17-cv-01752), asking for a declaration that its clothing decorated with stripes does not infringe Adidas’ trademarks, and…more
| Civil Remedies, Communications & Media Law, Intellectual Property

Oh Diehr Me, Another Case With Patent Eligible Subject Matter

In Thales Visionix, Inc., v. U.S., [2015-5150] (March 8, 2017), the Federal Circuit reversed the U.S. Court of Federal Claims (“Claims Court”) determination that the claims of U.S. Patent No. 6,474,159 were directed to patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

It Was Over Before the Fat Lady Sang; Collateral Estoppel Applies to Partial Summary Judgment under §101

In Intellectual Ventures I LLC v. Capital One Financial Corp., [2016-1077] (March 7, 2017), the Federal Circuit affirmed judgment that all claims of U.S. Patent Nos. 7,984,081 and 6,546,002 are ineligible under 35 U.S.C. § 101,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Complaints About Claim Construction Irrelevant Without a Showing of How it Would Make a Difference

In Comcast IP Holdings I LLC v. Sprint Communications Company LP, [2015-1992] (March 7, 2017) the Federal Circuit affirmed a $7.5 million dollar award for infringement of U.S. Patent Nos. 8,170,008, 7,012,916 and 8,204,046…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Prior Art Preference for an Alternative is Not Enough to Teach Away

In Meiresonne v. Google, Inc., [2016-1755] (March 7, 2017), the Federal Circuit affirmed the PTAB determination that claims 16, 17, 19 and 20 of U.S. Patent No. 8,156,096 on a system whereby a user can identify a supplier of…more
| Administrative Law, Intellectual Property

IPR – The Odds Still Favor Petitioners, and Greatly Favor Smart Petitioners

The USPTO’s most recently published IPR statistics show that the odds still greatly favor the patent challenger..…more
| Administrative Law, Intellectual Property

Don’t Take Your Eye Off the Ball or Your Patent Assignment Will End Up in the Dirt

In Intellectual Ventures I LLC v. Erie Indemnity Company, [2016-1128, 2016-1132] (March 7, 2017), the Federal Circuit affirmed in part, vacated in part, and remanded in part the district court’s decision finding all claims of…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Intellectual Property

More than 5 Million Trademarks and Counting

On February 28, 2017, the Trademark Office issued U.S. Registration No. 5,150,000 for THE SUCCESSION COMPANY, which FP Transitions, LLC registered for “Business succession planning.” This prompted me to wonder about other…more
| Intellectual Property, Intellectual Property, Intellectual Property

Trademark Scammers Abound

There are still a number of entities out there trying to trick trademark owners into spending money to list their marks in various on line and print directories by sending official looking invoices and other paperwork. In the…more
| Communications & Media Law, Intellectual Property

Fictional Magazine Accused of Real Infringement

The Sporting Times LLC has sued Orion Pictures, inc., Metro-Goldwyn-Mayer Studios, Inc., and others because of the depiction of a publication titled The Sporting Times in trailers for, and in the actual movie, Spaceman — a…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Disavowal is Not Limited to What is Necessary; A Patentee May Give Up More than Necessary

In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., [2016-1306, 2016-1307, 2016-1309, 2016-1310, 2016-1311] (March 3, 2017), the Federal Circuit vacated and remanded the case because the district court erred…more
| Administrative Law, Intellectual Property

Chemistry & Nanotechnology Developments to Watch in 2017

As cases and outcomes make their way into the news this year, we will be watching the following developments closely and sharing them with the IP community…more
| Administrative Law, Elections & Politics, Intellectual Property, Science, Computers, & Technology

SCOTUS to Weigh In on Two Biosimilar Patents, Provisions of the BPCIA in 2017

2017 is shaping up to be a big year for biosimilars and for the Biologics Price Competition and Innovation Act of 2009 (BPCIA) specifically. The Supreme Court is scheduled to hear oral arguments on April 26, 2017, that will have…more
| Civil Remedies, Intellectual Property, Science, Computers, & Technology

All Trade Secrets Must Be Secret; But Not All Secrets are Trade Secrets

A pair of recent cases illustrate two important interrelated points about trade secret law: First, all trade secrets must be secret. Second, and less obvious, not all secrets are trade secrets…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property
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