(U.S. Fed. Cir., Drugs & Biotech, Government Law, Intellectual Property, Patent) In plaintiffs’ suit alleging violation of section 337 of the Tariff Act in the importation and sale of certain lysine feed products made by the methods claimed in their patents relating to improved methods of producing L-lysine with genetically engineered E-Coli bacteria, the International [...]
(U.S. 5th Cir., Criminal Law & Procedure, Drugs & Biotech, Intellectual Property, Trademark) Defendant’s conviction for trafficking in counterfeit pharmaceutical drugs is vacated as to one count where a rational juror could not have found beyond a reasonable doubt that the Zyprexa mark, allegedly misappropriated by defendant, was registered on the USPTO’s principal register.
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(U.S. Fed. Cir., Communications Law, Intellectual Property, Judgment Enforcement, Patent, Remedies) In a patent infringement action against EchoStar, relating to the software component of plaintiff’s patent that allows television users to simultaneously record and play broadcasts using what is commonly known as a digital video recorder (DVR), district court’s decision finding defendants in contempt of [...]
(U.S. 7th Cir., Civil Procedure, Ethics & Professional Responsibility, Evidence, Intellectual Property, Per Curiam, Trademark) In a trademark infringement suit brought by LG Electronics against Whirlpool, relating to a dryer that uses steam to reduce wrinkles, Whirlpool’s petition for a writ of mandate challenging the district court’s order to disclose communications between its attorneys and [...]
(U.S.S.C., Civil Procedure, Class Actions, Copyright, Entertainment Law, Intellectual Property, Media Law) In a class action alleging copyright infringement, a circuit court’s ruling vacating a settlement class certification order for lack of subject matter jurisdiction is reversed where 17 U.S.C. section 411(a)’s registration requirement is a precondition to filing a copyright infringement claim, but a [...]
(U.S. Fed. Cir., Civil Procedure, Ethics & Professional Responsibility, Evidence, Injury And Tort Law, Intellectual Property, International Law, Patent, Professional Malpractice) In plaintiff’s legal malpractice suit claiming that defendants failed to timely file three patent applications related to a website-search engine, summary judgment in favor of the defendants is affirmed where: 1) the district court [...]
(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement suit involving a patent directed to a cooling device designed to mount within the drive bay of a computer, district court’s finding that defendant willfully infringed certain claims of plaintiff’s patent, that certain independent claims were not invalid as obvious, and that certain dependent claims [...]
(U.S. Fed. Cir., Entertainment Law, Intellectual Property, Patent, Sports Law) In a patent infringement suit involving patents related to memorabilia cards, district court’s conclusion that the patents are invalid for obviousness is affirmed where: 1) defendants have met the burden of showing that it would have been obvious to one skilled in the art to [...]
(U.S. Fed. Cir., Administrative Law, Copyright, Government Law, Intellectual Property) In plaintiff’s suit against the United States for copyright infringement involving stamps issued by the US Postal Service that made use of plaintiff’s copyrighted work, depicting part of the Korean War Veterans Memorial, judgment of the United States Court of Federal Claims is affirmed in [...]
(U.S. Fed. Cir., Consumer Products, Cyberspace Law, Intellectual Property, Patent) In plaintiff’s action for patent infringement for patents relating to software for displaying the market for a commodity traded in an electronic exchange, judgment of district court is affirmed where: 1) defendant’s infringed the asserted claims of one patent with one accused service product, but [...]