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Eric Caligiuri advises domestic and international clients through complex intellectual property disputes. Mr. Caligiuri’s practice at Weintraub Tobin focuses on patent and trade secret litigation in federal district courts, California state courts, and before the International Trade Commission (ITC).

In Shenzhen Chengront Technology Co., Ltd v. Besign Direct et al, 1-22-cv-10281 (SDNY Dec. 9, 2022) (Jennifer L. Rochon), Judge Rochon of the Southern District of New York denied a Plaintiff’s request for a temporary restraining order (“TRO”) and cited the Plaintiff’s ten-month delay in filing suit as the primary reasoning for denying the TRO.
Continue Reading District Court Finds Ten-Month Delay in Filing Wants Denial of TRO

In SSMiller IP LLC v. Sugar Beets LLC, 2-22-cv-02576 (CDCA Oct. 21, 2022) District Judge George H. Wu of the Central District of California found the parties did not sufficiently meet and confer as required by the Local Rules before Plaintiff filed its motion to dismiss Defendant’s noninfringement and invalidity counterclaims. The Court, in its discretion, still considered the motion to dismiss but ultimately summarily denied plaintiff’s motion.
Continue Reading District Court Finds Plaintiff Failed to Meet Pre-Filing Meet and Confer Requirements

In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter and therefore were not invalid under 35 U.S.C § 101.

Pursuant to 35 U.S.C § 101, “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” A claim falls outside of 35 U.S.C § 101 where (1) it is directed to a patent-ineligible concept, i.e., a law of nature, natural phenomenon, or abstract idea, and (2), if so, the particular elements of the claim, considered both individually and as an ordered combination, do not add enough to transform the nature of the claim into a patent-eligible application.
Continue Reading District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

In Jacobs et al v. The Journal Publishing Company et al, 1-21-cv-00690, District Judge Martha Vazquez of the District Court of New Mexico recently held Plaintiffs’ twenty-two-month delay in filing suit rebutted any presumption of irreparable harm for alleged copyright violations, and accordingly denied Plaintiffs’ motion for a preliminary injunction.
Continue Reading District Court Rules Twenty-Two Month Delay in Filing Copyright Case Favors Denying Plaintiffs’ Request for Preliminary Injunction