News & Analysis as of

Motion to Dismiss Intellectual Property Litigation

Fox Rothschild LLP

Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal

Fox Rothschild LLP on

What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The...more

McDermott Will & Emery

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

McDermott Will & Emery on

Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

Parker Poe Adams & Bernstein LLP

Honeywell Strikes Back Against 'Patent Troll' With North Carolina Lawsuit Under Abusive Patent Assertions Act

Honeywell International Inc. has taken a proactive stance against what it describes as "unwarranted and unfounded" patent litigation by filing a declaratory judgment action in the Western District of North Carolina against...more

Patterson Belknap Webb & Tyler LLP

Judge Román Dismisses Infringement Claims Based “Upon Information and Belief” in Surgical Instruments Case

Judge Nelson S. Román (S.D.N.Y.) recently dismissed a patent-infringement complaint for failure to state a claim, emphasizing the requirement that plaintiffs plead factual allegations rather than legal conclusions....more

Fox Rothschild LLP

Wolfspeed, Durham-Based Semiconductor Producer, Fighting Financial Peril in the Market and Employee Exits in the Courts

Fox Rothschild LLP on

Wolfspeed, a Durham-based silicon carbide semiconductor business, has plenty on its plate these days amid media reports of an impending bankruptcy reorganization. While such a filing would be aimed at a short(ish) judicial...more

Proskauer - The Patent Playbook

Interesting Recent § 101 Cases – Structural Components Are Not Enough

Your Package Could Not Be Delivered – District of Delaware Strikes Electronic Storage Room Claims as Patent Ineligible - Judge Choe-Groves of the United States Court of International Trade granted Defendant’s Motion to...more

Patterson Belknap Webb & Tyler LLP

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: April 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Patterson Belknap Webb & Tyler LLP

Not for the Faint of Heart: Magistrate Judge Wicks Recommends Dismissal of Heart Monitoring Patent Case for Failure to Join a...

United States Magistrate Judge James M. Wicks (E.D.N.Y.) recommended that Defendant Apple Inc.’s (“Apple”) motion to dismiss Plaintiff Joseph Wiesel’s (“Wiesel”) action for infringement of U.S. Patent No. 7,020,514 (the “’514...more

Faegre Drinker Biddle & Reath LLP

Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Proskauer - Trade Secrets

Georgia Federal Court Denies TRO and Motion to Dismiss in Trade Secrets Case

On March 27, 2025, in Stimlabs LLC v. Griffiths, the U.S. District Court for the Northern District of Georgia ordered a former executive, Sarah Griffiths, to face claims related to her alleged theft of Stimlab’s trade secrets...more

Stevens & Lee

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

Stevens & Lee on

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

ArentFox Schiff

The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

ArentFox Schiff on

In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss....more

Patterson Belknap Webb & Tyler LLP

Once Bitten, Twice Sanctioned: Judge Figueredo Awards Attorney’s Fees to Google for Being Forced to File a Motion to Dismiss

On March 24, 2025, United States Magistrate Judge Valerie Figueredo granted-in-part Defendant Google LLC’s (“Google”) motion for sanctions, attorney’s fees, and costs against Plaintiff EscapeX IP, LLC (“EscapeX”) and its...more

Irwin IP LLP

Revving Up The Trade Dress Standard: Articulation First 

Irwin IP LLP on

Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) - On February 6, 2025, the Second Circuit held that the “articulation requirement” for a trade dress complaint—a pleading...more

Venable LLP

New York District Court Confirms Limits of Copyright Protection Regarding Historical Events

Venable LLP on

On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection....more

Patterson Belknap Webb & Tyler LLP

All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and...

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more

Patterson Belknap Webb & Tyler LLP

You Might Need a Lawyer if… the Judge Says you do: Judge Garnett Orders Case to be Dismissed for Failure to Secure Counsel

On March 11, 2025, District Judge Margaret M. Garnett dismissed SafeCast Limited’s (“SafeCast”) patent infringement lawsuit against Microsoft Corporation (“Microsoft”) because SafeCast failed to secure counsel. SafeCast Ltd....more

ArentFox Schiff

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

ArentFox Schiff on

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common....more

Proskauer - Trade Secrets

District Court Dismisses Trade Secrets Claim Lacking Explicit Expectation of Privacy

On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to identify explicit language establishing an expectation of privacy to the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Federal Circuit IP Appeals – Amarin Pharma, Inc. v. Hikma Pharm. USA Inc., 104 F.4th 1370 (Fed. Cir. 2024) (Moore, Lourie,...

Amarin sells the drug icosapent ethyl under the brand name Vascepa. Vascepa is approved by the FDA for two indications: (i) to treat severe hypertriglyceridemia, a condition characterized by blood triglyceride levels greater...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case: Kroy IP Holdings, LLC v. Groupon Inc.

After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented...more

Fish & Richardson

Texas Round-Up: December 2024

Fish & Richardson on

Three subjects stood out in patent litigation in Texas in December 2024: (1) knowledge of related patents, general patent portfolio, or other asserted patents do not establish the knowledge requirement for pre-suit indirect...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Factual Disputes Preclude Application of Safe Harbor to Gene Editing Technology at the Pleading Stage

The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act. Specifically, the...more

50 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide