In Versatop Support Systems, LLC v. Georgia Expo, Inc., Case No. 2018-1208 (Fed. Cir. 2019)(Full Opinion Available Here), the Federal Circuit reversed the District Court and found that a violation of trademark law was established on the admitted facts and infringing “use in … [Read more...] about Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
The Court of Appeals for the Federal Circuit affirmed a district court’s ruling denying attorneys fees under Section 285 of the Patent Act, 35 U.S.C. sec. 285, when the lower court construed the critical patent term at summary judgment and then held the accused device did not … [Read more...] about No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
11th Cir.: Extends Protection for Fed Registered Service Marks to Goods
In Savannah College of Art and Design, Inc. v. Sportswear, Inc. d/b/a Prep Sportswear, No. 15-13830 (11th Cir. 2017)(Available Here), the Court of Appeals for the 11th Circuit found that, relying upon prior case law, protection for federally-registered service marks extends to … [Read more...] about 11th Cir.: Extends Protection for Fed Registered Service Marks to Goods
Assignment Without Substantial Rights Bars Patent Lawsuit
The Plaintiff lacked standing to bring suit and the patent infringement lawsuit was dismissed, since the patent assignment did not convey all of the substantial rights in the patents to the purported patent owner Diamond. In Diamond Coating Techs, LLC v. Federal-Mogul Corp., … [Read more...] about Assignment Without Substantial Rights Bars Patent Lawsuit
“Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
To the Batmobile, but only the authentic one! Batman’s Batmobile is subject to copyright protection because it is an especially distinctive character in the Batman world, according to the District Court of the Central District of California. D.C. Comics v. Towle, Case No. … [Read more...] about “Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
In Contempt of Patent Infringement Injunctions – New Standard
The Federal Circuit Court of Appeals has revised contempt proceedings for those who violate patent infringement injunction orders. The earlier two-step inquiry in contempt proceedings is now devolved into a single inquiry. Tivo Inc. v. Echostar Corp., Case No. 2009-1374 (Fed. … [Read more...] about In Contempt of Patent Infringement Injunctions – New Standard
Katz Litigates 1,975 Patent Claims Against 165 Defendants
Patent litigation is complex but Ronald Katz’s multi-district litigation against 165 defendants establishes a new high water mark in the intellectual property field. In re Katz Interactive Call Processing Patent Litig., Case No. 2009-1450 (Fed. Cir. Feb. 18, 2011)(available … [Read more...] about Katz Litigates 1,975 Patent Claims Against 165 Defendants
Copyright Protects Original Selection, Arrangement and Coordination of a Factual Database Compilation
In Buc International Corp. v. International Yacht Council Limited, 489 F.3d 1129 (11th Cir. 2007)(available here), the 11th Circuit Court of Appeals ruled on the scope of copyright protection for a database comprised of yacht listings. Plaintiff BUC compiled a yacht listing … [Read more...] about Copyright Protects Original Selection, Arrangement and Coordination of a Factual Database Compilation
