Posts Tagged: "affidavit"

Judge Grants Reconsiders, Reinstates Validity of TRX Fitness Equipment Patent Claims

The resurrection of the ‘814 patent claims was of great importance to Fitness Anywhere because it covered a modification to the company’s fitness equipment that helped it achieve great success in the marketplace. The invention essentially consisted of taking a handle accessory that was attachable to the fitness equipment via velcro and making it a permanent fixture of the equipment. Although Fitness Anywhere had told the court that it wouldn’t pursue further infringement damages against Woss based on the reinstated ‘814 patent claims, in large part because of Woss’ bankruptcy status, Judge Freeman’s granting the motion for reconsideration restores an important asset that can now again be asserted against many of the at least 100 companies that are allegedly infringing the patent behind TRX fitness equipment.

Gene Quinn & Steve Brachmann

November 13, 2018

Second Circuit Affirms Dismissal of Copyright Infringement Claims as Time-Barred and Based on Non-Credible Testimony

The U.S. Court of Appeals for the Second Circuit recently issued a summary order in Latin American Music Company v. Spanish Broadcasting System affirming a lower court’s judgment denying copyright infringement claims brought by music publisher Latin American Music Co. (LAMCO) against radio station owner Spanish Broadcasting System (SBS). The Second Circuit determined that LAMCO’s arguments on appeal were without merit and upheld findings that its infringement claims were either time-barred or unprovable.

Steve Brachmann

October 21, 2018

USPTO Publishes Proposed First to File Examination Guidelines

For well over a year I have been explaining that under the US first to file system the inventor will still have a personal grace-period, but that the grace-period is personal and relates only to the inventor’s own disclosures, or the disclosures of others who have derived from the inventor. Disclosures of third-parties who independently arrived at the invention will be used against the inventor. Now that the USPTO has come out with examination guidelines we find out the truth. I was right all along.

Gene Quinn

July 26, 2012