On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more
On March 13, 2013, in Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech., the U.S. Court of Appeals for the Federal Circuit (O'Malley,* Bryson, Linn) affirmed-in-part, vacated-in-part and remanded the district court's...more
Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more
On February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore,* Reyna) reversed and remanded the district court's summary judgment that Brilliant did...more
In This Issue:
Shifting the Growing Costs of E-Discovery; Quinn Emanuel Continues the Expansion of International Arbitration Practice with the Addition of Stephen Jagusch; Aesthetic Functionality and the Use of “Color...more
"[A] device does not infringe simply because it is possible to alter it in a way that would satisfy all the limitations of a patent claim."
On February 4, 2013, in Accent Packaging, Inc. v. Leggett & Platt, Inc., the...more
1. Can I infringe a patent if I am not aware of it?
Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more
In This Issue:
• Prior Litigation Precludes Lawsuit
• Disclosure of Broad Genus Does Not Disclose Species
• Preamble Limits Claims
- Excerpt from Prior Litigation Precludes Lawsuit:
[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
§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will...more
As a threshold issue in any monopolization claim, the court must identify the relevant market.
On December 17, 2012, in IGT v. Alliance Gaming Corp., the U.S. Court of Appeals for the Federal Circuit (Bryson, Linn,...more
In This Issue:
..Quinn Emanuel Deutschland Named “IP Law Firm of the Year” and “Patent Law Firm of the Year” by JUVE
..Intellectual Property Trial Lawyer Amar Thakur Joins Quinn Emanuel...more
Telebrands Corp v. Del Laboratories, Inc. -
Decision Date: September 8, 2011 -
Court: S.D. New York -
Patents: D596,802 -
Holding: Coty’s motion for summary judgment of invalidity denied -
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