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Category Archives: Intellectual Property Litigation

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Hidden Trademark Landmines in Comparative and Compatibility Advertisements

Posted in Intellectual Property Litigation, IP

Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of the words “Nespresso Compatible” in connection with its coffee capsules will cause consumers to believe that the Jones Brothers product is endorsed and/or sponsored… Continue Reading

Some at the PTAB Think Textbooks Are Not Printed Publications

Posted in Intellectual Property Litigation, IP

Shockingly, some at the Patent Trial and Appeal Board (“PTAB”) think textbook publishers who include dated copyright notices don’t actually publish the textbooks that year!  Further, would you have imagined an argument that textbooks aren’t printed publications?  Given the amount we paid for textbooks in college and the number stored in my garage that seems… Continue Reading

Are Rules for Playing a Game Patentable?

Posted in Intellectual Property Litigation, IP, Patent Law

A lot of things are patentable. Under 35 U.S.C. §101, machines, articles of manufacture, processes, and compositions of matter (including new chemical compounds) are patentable. But some things are not: the exceptions are laws of nature, natural phenomena, and abstract ideas. The Federal Circuit Court of Appeals has many times had to decide what these… Continue Reading

Attorney Fees for Successful Defense of IPR May Not Be Recovered as Damages under 35 U.S.C. § 284

Posted in Intellectual Property Litigation, IP, Patent Law

On March 25, 2018, the District Court in Nichia Corporation v. VIZIO, Inc., Case No. 8-16-cv-00545 (CACD 2019-03-25, Order), granted defendant’s motion to preclude plaintiff’s damages expert from testifying that plaintiff should recover, as compensatory damages, its costs incurred in a related Inter Partes Review (IPR) proceedings.  The Court found such testimony would constitute an… Continue Reading

Supreme Court: File Your Copyright Application!

Posted in Copyright Law, Intellectual Property Litigation, IP

This week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California.  Until now, the law in the Ninth Circuit was that a copyright owner could file suit for infringement as soon as they filed a copyright application in the Copyright Office.  However, in… Continue Reading

Employee Non-Solicitation Provisions under Attack

Posted in Intellectual Property Litigation, IP, Trade Secrets

Companies have a number of tools available to them to help protect their intellectual property, including trade secret and other proprietary information that give them a competitive advantage. Many employers utilize detailed provisions in their employee handbooks and employment agreements to protect this information. One key provision has been the use of coworker non-solicitation provisions… Continue Reading

The Federal Circuit Clarifies Rules For Importation of Limitations From the Specification During Claim Construction

Posted in Intellectual Property Litigation, Patent Law

In Continental Circuits LLC v. Intel Corp. et al., case number 18-1076, the U.S. Court of Appeals for the Federal Circuit, in a precedential opinion, recently clarified the rules for the incorporation of a limitation from a patent’s specifications into the claims during claim construction.  In the case, Continental sued Intel Corp.; its supplier, Ibiden… Continue Reading

Patent License Royalty Rates are Strong Evidence of Damages

Posted in Intellectual Property Litigation, IP, Patent Law

The Federal Circuit Court of Appeals has affirmed a jury verdict of $140 million in a patent infringement case.  The damages were based on a reasonable royalty.  The case is Sprint Communications Co., L.P. v. Time Warner Cable, Inc., 2018 U.S. App. LEXIS 33594 (Fed. Cir.  2018). Sprint sued Time Warner in the District of… Continue Reading

In-Game “Carlton Dance” Routine Triggers Lawsuit From Fresh Prince Actor Alfonso Ribeiro

Posted in Copyright Law, Entertainment Law, Intellectual Property Litigation

Actors gain notoriety for different reasons.  For some, it’s due to a physical characteristic or an iconic character portrayal.  For Alfonso Ribeiro, it’s a dance.  The dance, which has become known worldwide as the “Carlton Dance,” is a corny dance number performed by Ribeiro’s character Carlton Banks on the 90’s sitcom “The Fresh Prince of… Continue Reading