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Intellectual Property Protection Willful Infringement

Fish & Richardson

The Most Interesting Appellate Cases of 2024

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Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Jones Day

PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge

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On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (“Waydoo”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,359,044 (“the ’044 Patent”) (“IPR998”), assigned to MHL Custom, Inc. (“MHL”)....more

Holland & Knight LLP

Trademark Tussle: When Elves Land on the Naughty List

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'Tis the season for a Christmas … lawsuit? Yes, that's right. This year, Santa's workshop is abuzz with more than just toymaking. Indeed, instead of focusing on their mischievous escapades of making snow angels in flour on...more

Morrison & Foerster LLP - Social Media

Social Links: If the Suit Fits

Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for...more

Morrison & Foerster LLP

Penn State Secures Trademark Victory in Dispute over Vintage Merch

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Do trademarks protect iconic names and imagery, or only their use as a brand identifier? This question was at the heart of a closely watched trademark trial in the Middle District of Pennsylvania, where a federal jury...more

Patterson Belknap Webb & Tyler LLP

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

Sheppard Mullin Richter & Hampton LLP

Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

The sufficiency of evidence required to support a denial of a motion for judgment as a matter of law and a motion for a new trial for infringement, willful infringement, and damages....more

Irwin IP LLP

Obtaining Attorneys’ Fees: Exceptional Facts, Not Policy 

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Lontex Corp. v. Nike, Inc., 107 F.4th 139 (3d Cir. 2024) - On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose...more

International Lawyers Network

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more

Jaburg Wilk

Artificial Intelligence and Copyright Infringement, Navigating the Evolving Standards

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In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content,...more

Patterson Belknap Webb & Tyler LLP

Judge Gardephe Denies Dispositive Motions in Massage-Device Patent Case

In a recent decision in a patent case between massage-device companies, Judge Gardephe (S.D.N.Y.) adopted two recommendations of the magistrate judge. The first R&R recommended denial of Defendant Tzumi’s motion for partial...more

Kramer Levin Naftalis & Frankel LLP

10x Genomics and Stanford’s Genomic Patents Determined Patent Eligible

On Sept. 14, 2023, the U.S. District Court for the District of Delaware denied defendant Parse Biosciences Inc.’s (Parse) motion to dismiss a complaint filed by plaintiffs 10x Genomics Inc. (10x) and the Board of Trustees of...more

Weintraub Tobin

The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

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In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...more

Neal, Gerber & Eisenberg LLP

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with...more

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

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Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Haug Partners LLP

A U.S. View on the UPC – Part 2: Damages

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action.  This series of articles –...more

Dinsmore & Shohl LLP

SCOTUS Set to Address United States Trademark Law’s International Reach

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On March 21, 2023, the Supreme Court of the United States heard oral argument in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) on an issue it has not squarely addressed in seven...more

Vondran Legal

Willful copyright infringement can be EXPENSIVE, but what does willful really mean?

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If you are being sued (or pursued) for copyright infringement, you will likely get a demand letter from a copyright law firm informing you that you have "willfully infringed" their clients software. They might also point out...more

McGuireWoods LLP

What Is the Scope of a Work Product Waiver in a Willful Patent Infringement Context?

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Litigants accused of willful patent infringement sometimes rely on an "advice of counsel" defense. Interestingly, courts have recognized a distinction between such a defense in the privilege and the work product contexts....more

Miller Nash LLP

Supreme Court May Review Trademark Territoriality

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The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

Proskauer - Minding Your Business

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

Knobbe Martens

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed

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PAVO SOLUTIONS LLC v. KINGSTON TECHNOLOGY COMPANY, INC. Before: Lourie, Prost, and Chen.  Appeal from the United States District Court for the Central District of California. Summary: A court can correct obvious minor...more

Foster Garvey PC

Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important...

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On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the...more

Dickinson Wright

技术的自由实施 (FTO) 尽职调查意见书:是什么?为什么重要?

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A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing...more

Dickinson Wright

Freedom to Operate Opinions: What Are They, and Why Are They Important?

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What is a freedom to operate opinion, and why is it important? ...more

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