Mootness, Infringement | JD Supra Law News

Federal Circuit Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 2/28/2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Patent Watch: Allflex U.S.A., Inc. v. Avid Identification Sys., Inc.

by Lawrence M. Sung | BakerHostetler on 1/18/2013

[Where] the appellant has identified no relationship between the valuation placed on the appeal and the issues the appellant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which...more

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

by Janet F. Satterthwaite | Venable LLP on 1/16/2013

The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

by Jedediah Wakefield, Sean Wikner | Fenwick & West LLP on 1/15/2013

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

by Paul Devinsky, Rita Weeks | McDermott Will & Emery on 1/15/2013

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

by Kenneth Kuwayti | Morrison & Foerster LLP on 1/13/2013

The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second...more

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

by Andrew Baum | Foley & Lardner LLP on 1/10/2013

In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more

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Mootness › Infringement