(U.S. Fed. Cir., Attorney’s Fees, Civil Procedure, Intellectual Property, Patent, Remedies) In a patent infringement suit, district court’s award of attorney fees and costs to plaintiff based on inequitable conduct and vexatious litigation is vacated and remanded where: 1) genuine issues of material fact exist that preclude summary judgment for inequitable conduct; and 2) the [...]
(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Remedies, Sanctions) In a patent infringement suit involving Fujifilm’s patents directed to single-use cameras, or lens fitted film packages (LFFP), arising from defendant’s conduct of purchasing used LFFPs and selling them as new after refurbishing them, judgment of the district court is affirmed including denial of defendants’ [...]
(U.S. Fed. Cir., Administrative Law, Intellectual Property, International Trade, Patent) The final determination of the International Trade Commission that the importation and sale of certain digital television products violated section 337 of the Tariff Act based on its finding that the accused products infringed a particular patent is affirmed in part, reversed in part and [...]
(U.S. Fed. Cir., Intellectual Property, International Trade, Trademark) The judgment of the International Trade Commission finding that the sales of European version self-propelled John Deere forage harvesters in the U.S. by intervenors did not violate section 337 of the Tariff Act is vacated and remanded as, although the Commission’s determination that the sales of the [...]
(U.S. 9th Cir., Civil Procedure, Copyright, Intellectual Property) In a copyright infringement action, the dismissal of the action for lack of subject matter jurisdiction is reversed where: 1) although 17 U.S.C. section 411(a)’s registration requirement was a precondition to filing a claim, it did not restrict a federal court’s subject-matter jurisdiction; and 2) receipt by [...]
(U.S.S.C., Antitrust & Trade Regulation, Intellectual Property, Sports Law, Trademark) In an antitrust action challenging the NFL’s grant to Reebok of an exclusive license to create apparel incorporating the NFL’s intellectual property, the Seventh Circuit’s affirmance of summary judgment for defendants is reversed where the alleged conduct related to licensing of intellectual property constituted concerted [...]
(U.S. Fed. Cir., Attorney’s Fees, Intellectual Property, Patent) In a patent case involving patents related to eyeglass frames with magnetically attachable auxiliary lenses such as sunshades, summary judgment finding that plaintiff is equitably estopped from pursuing its infringement claim against defendant is affirmed where the elements of equitable estoppel were established without material factual dispute, [...]
(U.S. Fed. Cir., Civil Procedure, Ethics & Professional Responsibility, Intellectual Property, Patent, Sanctions) An order imposing sanctions of $30,356.89 pursuant to Rule 11 of the Federal Rules of Civil Procedure on a law firm, pursuant to a finding that three claims it advanced on behalf of plaintiff were baseless legal theories that had no chance [...]
(U.S. 6th Cir., Civil Procedure, Consumer Products, Copyright, Intellectual Property, Sanctions, Trade Secrets) In a copyright and trade secret infringement suit brought by a provider of credit union software against the developer of a competing credit union software, district court’s grant of summary judgment in favor of the defendant is affirmed where: 1) district court [...]
(U.S. 6th Cir., Corporation & Enterprise Law, Intellectual Property, Trademark) In plaintiff’s trademark “dilution by tarnishment” suit against a small retail store that sells sex toys and other sexually oriented products, pursuant to the Trademark Dilution Revision Act of 2006, the judgment of the district court in favor of the plaintiff is affirmed as, the [...]