(U.S. Fed. Cir., False Advertising, Intellectual Property, Manufacturing, Patent) In a licensed patent attorney’s qui tam action under 35 U.S.C. section 292 alleging that defendant had falsely marked its products with expired patent numbers for the purpose of deceiving the public, district court’s judgment is affirmed in part and vacated in part where: 1) summary [...]
(U.S. Fed. Cir., Civil Procedure, Health Law, Intellectual Property, Patent) In a patent infringement suit, summary judgment for defendant of invalidity of the asserted claims of a patent relating to an implantable device used to set bone fractures is reversed where: 1) the district court improperly resolved genuine issues of material fact in favor of [...]
(U.S. 9th Cir., Civil Procedure, Copyright, Entertainment Law, Ethics & Professional Responsibility, Intellectual Property, International Law, Sanctions) In plaintiff’s counsel’s appeal from an order by the district court sanctioning him for his five-year bad faith pursuit of a frivolous copyright infringement claim, the order is affirmed where: 1) had counsel, a self-described experienced copyright lawyer, [...]
(U.S. Fed. Cir., Contracts, Intellectual Property, Patent) In an infringement action concerning a patent related to a graphics system and process that mainly operates on a floating point format, judgment of the district court is affirmed in part, vacated in part and remanded where: 1) because the district court erroneously construed two of the three [...]
(U.S. Fed. Cir., Contracts, Intellectual Property, Patent) In an infringement action concerning a patent related to a graphics system and process that mainly operates on a floating point format, judgment of the district court is affirmed in part, vacated in part and remanded where: 1) because the district court erroneously construed two of the three [...]
(U.S. 8th Cir., Contracts, Copyright, Food & Beverages, Intellectual Property) In an action alleging copyright infringement and breach of contract arising out of defendants’ alleged misappropriation of plaintiff’s restaurant designs, summary judgment for defendants is affirmed where plaintiff unambiguously conveyed all contested copyrights to defendants by written contract.
(U.S. 9th Cir., Contracts, Copyright, Entertainment Law, Intellectual Property, Media Law) In an action for copyright infringement and related state claims based on defendants’ use of plaintiffs’ materials in developing a television show involving a team of “paranormal investigators” called “Ghost Hunters”, dismissal of plaintiffs’ state-law claims is affirmed where: 1) the Copyright Act preempted [...]
(U.S. 5th Cir., Commercial Law, Intellectual Property, Trade Dress, Trademark) In an action alleging infringement of a star design that plaintiff claimed as a service mark, summary judgment for defendant is affirmed in part where: 1) the record evidence was replete with similar or identical five-pointed stars, both raised and set in circles, and used [...]
(U.S. Fed. Cir., Drugs & Biotech, Health Law, Intellectual Property, Patent) In plaintiff’s suit for infringement of a patent, which claims a compact blood centrifuge device for separating and collecting components in a liquid such as blood, judgment of the district court is reversed in part, vacated in part, and remanded where: 1) district court’s [...]
(U.S. Fed. Cir., Cyberspace Law, Intellectual Property, Patent) In a patent infringement suit, directed to methods for using a Web server to send individualized content and formatting instructions in the form of Web pages, district court’s judgment is affirmed in part, reversed in part and remanded where: 1) district court’s grant of summary judgment of [...]