Posts in District Courts

Miley Cyrus Hit With Copyright Suit Alleging “We Can’t Stop” Copied from 1988 Reggae Hit

Attorneys representing Jamaican songwriter Michael May filed a suit for copyright infringement in the Southern District of New York. At issue in the case are musical elements …
By Steve Brachmann
22 minutes ago 0

Portal Communications Alleges Apple’s Siri Willfully Infringes on Natural Language Processing Patents

Portal Communications filed a suit for patent infringement against Cupertino, CA-based consumer tech giant Apple Inc. At issue in the case, which was filed in the Eastern …
By Steve Brachmann
3 hours ago 0

Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents

A group of six patent law professors filed an amicus brief with the Court of Appeals for the Federal Circuit in Cleveland Clinic v. True Health Diagnostics. …
By Steve Brachmann
2 days ago 0

Nasdaq files patent infringement lawsuit against trading platform provider IEX Group

The American stock exchange Nasdaq filed a complaint for patent infringement against electronic-based trading platform provider IEX Group in the District of New Jersey. Nasdaq is seeking …
By Steve Brachmann
6 days ago 0

Florida Restaurateurs Face Off in Trademark Suit Over Frenchy’s Name

On February 20th, Clearwater Beach, FL-based restaurateur Frenchy’s Corporate filed a suit alleging trademark infringement against the owners and operators of Frenchy’s Pizzeria & Tavern, …
By Steve Brachmann
7 days ago 1

Craft Beer vs. Big Beer Trademark Suit May Test 9th Circuit’s ‘Irreparable Harm’ Standard

A resounding en garde was declared by California craft beer brand Stone to MillerCoors, the second largest beer company in the United States, over the alleged taking …
By Cliff Kuehn
13 days ago 1

Working Out with Octane Fitness: Four Years Later

On February 2, 2018, in Sophos Inc. v. RPost Holding, Inc., Judge Denise Casper became the latest judge to declare a case “exceptional” under 35 U.S.C. § 285 and award …

Idenix Loses Patent on HCV Treatment that Supported $2.54 Billion Infringement Verdict

In invalidating the Idenix patent, the Delaware district court effectively overturns what had been the largest award for royalty damages in a U.S. patent infringement case …
By Steve Brachmann
20 days ago 4

Blackbird Technologies to Appeal Ineligibility Ruling in Cloudflare Patent Infringement Litigation

“One thing that I find curious is that Cloudflare claims to have 150 patent assets on the same type of technology,” Verlander said. Such assets include U.S. …
By Steve Brachmann
21 days ago 17

Judge Finds Taylor Swift Lyrics Lack Originality and Creativity

So uncreative did Judge Michael Fitzgerald find Taylor Swift's 2014 hit Shake It Off, he dismissed a copyright infringement case filed against her. In his opinion Judge Michael …

Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101

In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …

Colgate-Palmolive Files Trademark Suit Over Use of ‘360’ Branding on Toothbrushes, Oral Care Products

Colgate-Palmolive (NYSE:CL) filed a lawsuit alleging trademark infringement in the Southern District of New York against Grand Rapids, MI-based oral healthcare company Ranir LLC. At issue …
By Steve Brachmann
23 days ago 0

Makers of Popular Bakugan Toy Files Patent Infringement Suit over Transformable Toys

The technology covered by the ‘073 patent has been incorporated into the series of Bakugan rollable toys developed by Spin Master and released in 2007 in conjunction with the …
By Steve Brachmann
24 days ago 1

Federal Circuit Affirms Preliminary Injunction

Turning to the injunction, Infineon was enjoined from undertaking certain activities concerning products in the Exclusive Field that practice the licensed patents. The Court vacated this provision …

Distribution Agreement Considered a Commercial Offer and On-Sale Bar

The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …