WARSAW ORTHOPEDIC, INC., v. SASSO -
Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana.
Summary: A federal court properly exercises its discretion to...more
HOLOGIC, INC. v. MINERVA SURGICAL, INC.
Before Wallach, Clevenger, and Stoll. Appeals from the United States District Court District of Delaware.
Summary: The doctrine of assignor estoppel precludes an assignor from...more
B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC.
Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee.
Summary: A decision on the merits is not a prerequisite...more
10/15/2019
/ Appeals ,
Dismissal With Prejudice ,
Facebook ,
Inter Partes Review (IPR) Proceeding ,
Judgment on the Pleadings ,
Litigation Fees & Costs ,
Mootness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prevailing Party ,
Reaffirmation
CISCO SYSTEMS, INC. v. TQ DELTA, LLC -
Before Newman, Linn, and Wallach. Appeal from Patent Trial and Appeal Board.
Summary: It is improper to read limitations from a preferred embodiment described in the specification...more
On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band...more
3/2/2019
/ Continuous Use Requirement ,
Copyright ,
Copyright Infringement ,
Fashion Branding ,
Fashion Design ,
IP License ,
Merchandising Rights ,
Music Industry ,
Nirvana ,
Trademark Infringement ,
Trademarks
On October 23, 2018, Rube P. Hoffman, a California textile manufacturer known for their Hawaiian prints and aloha shirts, filed a copyright infringement suit in the Central District of California against Zara USA, Inc., one...more
1/21/2019
/ Affirmative Defenses ,
Burden of Proof ,
Copyright Infringement ,
Copyright Ownership ,
Copyright Registration ,
Fair Use ,
Fashion Industry ,
Lanham Act ,
Manufacturers ,
Textiles ,
Unfair Competition
Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more
1/18/2019
/ Copyright ,
Copyright Registration ,
Design Patent ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Functionality ,
Intellectual Property Protection ,
IP Portfolio ,
Jewelry ,
Originality ,
Patent Applications ,
Product Packaging ,
Trade Dress ,
Trademark Registration ,
Trademarks ,
USPTO
Federal Circuit Summary -
Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A generic pharmaceutical company had standing to appeal the Board’s decision in an IPR that claims of a...more
1/16/2019
/ Appeals ,
Generic Drugs ,
Hatch-Waxman ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Right To Appeal ,
Standing