News & Analysis as of

Willful Infringement

Shumaker, Loop & Kendrick, LLP

South Carolina Artist Wins $158,400 in Damages in Artist Rights Victory

Clover, SC — Shumaker has achieved a federal victory for artistic integrity, with a judge awarding a Clover, S.C. artist $158,400, including maximum Visual Artists Rights Act (VARA) damages, in a case reaffirming the power of...more

McDermott Will & Schulte

Equivalents still requires all elements be met, injunctive relief still governed by eBay factors

The US Court of Appeals for the Federal Circuit issued a mixed ruling in a dispute over patents covering child car seat technology, explaining that infringement under the doctrine of equivalents requires an equivalent for...more

WilmerHale

Federal Circuit Patent Watch: Disclosure of a Broad Genus Is Insufficient Written Description Support for a Subgenus of Chemical...

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WONDERLAND SWITZERLAND AG v. EVENFLO COMPANY, INC. [OPINION] (2023-2043, 2023-2233, 2023-2326, 12/17/2025) (Moore, Prost, Reyna) - Moore, J. The Court reversed the district court’s judgment of infringement of the asserted...more

Akin Gump Strauss Hauer & Feld LLP

Delaware District Court Clarifies That Enhanced Damages Are a Form of Relief, Not a Claim That Can Be Dismissed on a Motion under...

The District of Delaware recently denied a defendant’s motion to dismiss plaintiff’s demand for enhanced damages based on willful infringement pursuant to 35 U.S.C. § 284, explaining that neither a demand for damages under §...more

Patterson Belknap Webb & Tyler LLP

This Wallet Case Has Yet to Fold: Judge Komitee Denies Motion to Dismiss Patent Infringement Claims

On December 9, 2025, District Judge Eric Komitee (E.D.N.Y.) denied Defendant Bemmo, Inc.’s (Bemmo) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), finding Plaintiff The Ridge Wallet, LLC (Ridge Wallet) pled...more

ArentFox Schiff

Plant-Based, High Stakes: Beyond Meat’s $39 Million Slogan Setback

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A federal jury in Massachusetts ordered Beyond Meat, Inc. to pay $38.9 million to Sonate Corp. d/b/a Vegadelphia Foods for willful trademark infringement tied to slogans used in national advertising for meat-free products....more

Akin Gump Strauss Hauer & Feld LLP

Delaware District Court Judge Maintains View That the Operative Complaint Cannot Provide Requisite Knowledge for Post-Suit...

District courts are split on whether a complaint can provide the required knowledge for post-suit indirect and willful infringement in that same lawsuit. Chief Judge Connolly in the District of Delaware recently confirmed...more

Kaufman & Canoles

Cox v. Sony Supreme Court Case

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Supreme Court Wrestles with Billion-Dollar Question: When Are ISPs Liable for User Piracy? On December 1, 2025, the U.S. Supreme Court heard oral arguments in what may prove to be one of the most consequential copyright...more

A&O Shearman

Federal Circuit Reverses Patent and Trademark Infringement Findings and Vacates Trade Dress And Willfulness Findings

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On September 23, 2025, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion affirming in part, reversing in part, and vacating in part, decisions from the United States District Court for the...more

Patterson Belknap Webb & Tyler LLP

What You Say May Be Held Against You: Judge Chen Finds Case Exceptional Based on “Borderline Frivolous” Arguments and Counsel’s...

On August 29, 2025, United States District Judge Pamela K. Chen (E.D.N.Y.) granted Plaintiff Tools Aviation, LLC’s (“Plaintiff”) motion for reasonable attorney’s fees, finding the case “exceptional” pursuant to 35 U.S.C. §...more

Patterson Belknap Webb & Tyler LLP

It’s Not Over Till It’s Over: Judge McMahon Issues Final Judgment in Favor of Geigtech After Two Bench Trials and Two Jury...

On August 14, 2025, Judge McMahon (S.D.N.Y.) issued a Final Judgment in favor of plaintiff Geigtech East Bay LLC (“Geigtech”) in the total amount of $5,951,153.15. See Geigtech E. Bay LLC v. Lutron Elecs. Co, Case No....more

Akin Gump Strauss Hauer & Feld LLP

D. Mass.: Knowledge of Parent Patent, by Itself, May Not Suffice to Show Knowledge of Child Patent for Purposes of Indirect and...

In considering a motion to dismiss infringement claims for two related patents, the District of Massachusetts recently held that pre-suit knowledge of a “parent” patent, without more, is insufficient to establish pre-suit...more

Katten Muchin Rosenman LLP

Punitive Damages in Trademark Litigation: A Shift in the Legal Landscape? - The Katten Kattwalk | Issue 29

The US Court of Appeals for the Seventh Circuit's (Seventh Circuit) decision in Curry v. Revolution Laboratories, LLC, 124 F.4th 441 (7th Cir. 2024), has drawn attention to the interplay between federal and state law in...more

Ervin Cohen & Jessup LLP

The Future of Copyright Enforcement: A Pivotal Supreme Court Case for the Digital Age

On June 30, 2025, the Supreme Court granted a petition for certiorari from Cox Communications Inc. and agreed to weigh in on one of the most consequential digital copyright cases in recent memory....more

McDermott Will & Schulte

Supreme Court to consider whether ISPs can be liable for contributory copyright infringement

The Supreme Court of the United States has agreed to review whether an internet service provider (ISP) can be liable for copyright infringement for providing an internet connection that leads to piracy. Cox Communications,...more

Ervin Cohen & Jessup LLP

Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of...more

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

IP Hot Topic: The (Media) Empire Strikes Back

Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more

Sunstein LLP

Supreme Court vacates $43 million trademark award for violating principle of corporate separateness in Dewberry Group

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On February 26, 2025, in Dewberry Group v. Dewberry Engineers, the Supreme Court unanimously vacated a $43 million damages award for trademark infringement, ruling that the lower court improperly conflated the defendant with...more

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

Winstead PC

The Year in Review: 2024 Patent Litigation Verdicts

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Sixty-seven patent infringement trials reached a jury verdict in 2024. Of these 67 patent infringement verdicts, thirty-one (approximately 46%) were a complete patent owner win on all patent infringement and validity issues. ...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

BakerHostetler

Availability of Willfulness and/or Indirect Patent Infringement Claims without Pre-Suit Knowledge: A District Court Survey

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The tests for willful and indirect (both inducement and contributory) patent infringement require a finding by the court that the alleged infringer had prior knowledge of infringement of the at-issue patent....more

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