For the second time in less than two weeks, a circuit court decided an appeal hinging on the Brulotte rule, which holds that patent royalties are impermissible when based on payments for the use of expired patents. Like the...more
The Supreme Court has agreed to consider the breadth of a damages award in a long-running trademark dispute between two real estate companies. Dewberry Group, Inc. v. Dewberry Engineers, Inc., Docket No. 23-900 (Supr. Ct....more
The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense....more
The US Court of Appeals for the Fifth Circuit concluded that a district court had personal jurisdiction over a foreign defendant’s website that purposefully targeted a US-based audience. DISH Network, LLC v. Bassam Elahmad,...more
Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but...more
In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more
8/25/2023
/ Appeals ,
Breach of Contract ,
Disgorgement ,
Exceptional Case ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Settlement Agreements ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
USPTO
The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more
8/17/2023
/ Appeals ,
Appellate Jurisdiction ,
Compulsory Claims ,
Counterclaims ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Software Patents ,
Trade Secrets
The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more
8/3/2023
/ Appeals ,
Counterfeiting ,
Damages ,
Intellectual Property Protection ,
Lanham Act ,
Online Marketplace ,
Remand ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Blindness