Posts Tagged: "infringement"

Dr. Phil wins copyright case against former segment director who had alleged false imprisonment

It’s not everyday that a copyright case involves claims of false imprisonment but an order granting summary judgment entered on August 30th in the Eastern District of Texas granted a legal win to American TV personality and psychologist Dr. Phil and his production studio in just such a case. Judge Rodney Gilstrap decided to grant summary judgment sua sponte to Dr. Phil and Peteski Productions in a case against a former segment director for The Dr. Phil Show after the director recorded an iPhone video from archived footage of The Dr. Phil Show to build evidence for a emotional distress suit against Dr. Phil.

A Repeatable Approach To Portfolio Monetization

To successfully monetize a patent portfolio, it is incredibly important to identify value within it, and to put in the work to prove to third parties and potential partners that that value exists… With the data-driven part of the mining exercise complete, the appropriate subset of patents can be turned over to the SMEs for evaluation of patent strength and enforceability. SMEs know the technology of a given field, they understand how technology has been implemented across multiple players in a given market, and they can reach a truly informed understanding about whether or not a given patent claim is being used in end product, whether or not that use can be detected, and what issues may be encountered in detection.

Nintendo to appeal $10.1M jury verdict of infringement after invalidating 5 of 6 iLife patents at PTAB

A jury verdict recently entered into a patent infringement case in the Northern District of Texas found that Japanese gaming giant Nintendo infringed upon a patent asserted by Texas-based medical tech firm iLife Technologies Inc. In the verdict, the jury agreed that iLife proved that it was owed $10.1 million in a lump sum royalty for the sales of a series of games for the Wii U console. The jury also found that Nintendo didn’t prove invalidity of the asserted patent. The jury found that sales of Nintendo’s Wii U games including Wii Sports, Wii Sports Resort, Wii Club Sports and Mario Kart 8, infringed upon claim 1 of U.S. Patent No. 6864796.

Korean court upholds $912M Qualcomm fine as tech rivals continue to make antitrust claims

On Monday, September 4th, a South Korean court denied a request made by San Diego, CA-based semiconductor developer Qualcomm Inc. to rescind a fine levied last December by the Korea Fair Trade Commission (KFTC) over alleged unfair business activities in patent licensing and chip sales. According to reports, the South Korean court decision keeps in place a $912 million in the latest blow to Qualcomm’s corporate intellectual property strategy.

In-N-Out files trademark suit against Smashburger over cheeseburger ad campaign

On Monday, August 30th, national fast food chain In-N-Out Burger filed a lawsuit alleging federal trademark infringement and other claims against fellow fast food chain Smashburger. The suit, filed in the Central District of California, alleges that Smashburger has recently adopted certain promotional advertising marks which infringe upon both state and federal trademarks held by In-N-Out. In-N-Out holds a series of 10 federally registered trademarks as well as seven trademarks registered within the state of California.

New Balance wins largest verdict ever for foreign plaintiff in Chinese trademark suit

This latest victory for a foreign plaintiff asserting intellectual property claims is proof of yet another step down the road leading to a reformed, intellectual property friendly China, with China cracking down on infringers — as promised by Chinese President Xi Jinping… The Chinese IP court in Beijing reportedly ordered three domestic shoemakers to pay a total of 10 million yuan ($1.5 million USD) to New Balance for infringing upon the slanted ‘N’ logo utilized by New Balance on its branded shoes. That’s not a huge damages award in the grand scheme of trademark damages ordered around the world but reports indicate that the damages in this cases were the most ever handed out by a Chinese court to a foreign plaintiff for trademark infringement allegations.

Finjan files patent infringement suit against Bitdefender as part of campaign to protect online security IP

Finjan asserts four patents in the case and alleges that Bitdefender’s marketing of antivirus, cloud and sandboxing technologies infringes upon the patents-in-suit. The case has been filed in the Northern District of California… Finjan’s suit against Bitdefender alleges that Bitdefender was presented with written notice of the alleged infringement of Finjan’s patents as early as February 2015. In October 2015, Finjan alleged that it discussed the ‘844, ‘154 and ‘494 patents with Bitdefender and how those patents read on technology practiced by Bitdefender. Despite numerous in-person and telephone meetings, Finjan alleges that that Bitdefender has continued to engage in willful and deliberate infringement of Finjan’s IP.

Nintendo Switch gaming console is at center of patent infringement suit filed by Gamevice

Gamevice is asserting a single patent in this case: U.S. Patent No. 9126119, titled Combination Computing Device and Game Controller with Flexible Bridge Section. Issued in September 2015, it claims a combination device having a computing device with sides disposed between an electronic display screen and the device’s back, a communication port interacting with the computing device and having a pair of structures confining the computing device, an input device in communication with the communication port and having a pair of control modules providing input module apertures securing an instructional input device.

ITC opens patent infringement investigation after Qualcomm files complaint against Apple

On Tuesday, August 8th, the U.S. International Trade Commission (ITC) announced that it was opening up an investigation on claims that Cupertino, CA-based consumer electronics behemoth Apple Inc. (NASDAQ:AAPL) is infringing upon patented technologies, specifically baseband processor modems, in its mobile electronic devices. The investigation follows a Section 337 patent infringement complaint filed on July 7th with the ITC by…

Vestas says it will challenge GE’s claims in lawsuit filed over wind turbine patent

Boston, MA-based global digital industrial firm General Electric filed a complaint for patent infringement against Dutch wind turbine company Vestas Wind Systems A/S. GE filed the lawsuit in response to alleged infringement conducted by Vestas in the field of power grid technology. The suit is filed in the Central District of California. GE is asserting one patent in the case: U.S. Patent No. 7629705, titled Method and Apparatus for Operating Electrical Machines. Issued in December 2009, it discloses a method for operating an electrical machine by coupling an electrical machine to an electric power system, and configuring the machine so that it remains electrically connected to the power system during and after any instances in which the operating voltage of the power system is outside of a predetermined range for an undetermined period of time.

Equitable Estoppel After the Loss of Laches from SCA v. First Quality

Equitable estoppel may be appropriate for the defendant in SCA v. First Quality since the plaintiff was silent for years after the defendant asserted invalidity (possibly fulfilling the misleading conduct through inaction and reliance on that conduct). But can equitable estoppel be relied upon as a defense against a dormant plaintiff in the example illustrated above? Below, we consider the two elements of equitable estoppel that replace the unreasonable delay element of laches: misleading conduct and reliance.

IP Rights strategies for preventing and handling infringements in China

Securing IP rights in China has been a priority for companies selling or manufacturing in China due to the country’s singular attitude to intellectual property, which has been much abused. Today 84.5% of counterfeits originate in either China or Hong Kong, and as the world becomes progressively more connected alongside the rise of e-commerce and cross-border exportation capabilities, increasingly there is a need for IP protection strategies of all companies to be adapted to Chinese policies.

CAFC: Exclusive license must include provisions establishing minimum contacts for personal jurisdiction

In New World International v. Ford Global Techs, FGTL sued New World for patent infringement in Michigan. New World countersued in Texas, seeking a declaratory judgment that FGTL’s patents are invalid and were not infringed. FGTL moved to dismiss the Texas action for lack of personal jurisdiction. New World argued that Texas had specific personal jurisdiction over the declaratory judgment action, because LKQ, FGTL’s exclusive licensee, had sent multiple cease and desist letters to New World in Texas. These letters and the exclusive license between LKQ and FGTL was alleged to be sufficient minimum contacts by FGTL with Texas. The district court disagreed and dismissed the declaratory judgment action for lack of personal jurisdiction. New World appealed, and the Court affirmed.

Why NIH/Industry Partnerships Matter: Ask an HIV patient

Those who believe that patents aren’t important or that companies would undertake the rigors of commercial development with only non-exclusive licenses don’t understand the realities facing innovators like Inovio… Unfortunately, there’s good reason for anxiety. If they are successful their patents could be subjected to years of post-grant reviews by competitors and those who believe life science patents harm the public interest. Even if their IP holds up, they may face howls from critics and politicians demanding that the government step in to issue compulsory licenses so others here and abroad can copy the vaccine. For the 35 million living with HIV, the scientific barriers aren’t the only ones standing in the way of effective treatments.

How New Musicians Can Protect Their Music’s Intellectual Property

It’s not just businesses and corporate environments that need intellectual property protection – artists of all kinds must protect their work too. Specifically, musicians have a lot to copyright and trademark – band names, original music, and album art, to name a few… When it comes to YouTube, today, musicians should pay close attention to monetization of their IP rights, according to Umanoff. This means making sure that YouTube has reference files, which are samples of the copyrighted materials, so that YouTube can attempt to recognize an artist’s work when incorporated in user-generated content.She said, “The artist must also ensure that their reference files contain accurate metadata so that YouTube knows who to pay when copyrighted works are streamed. Independent companies specializing in confirming that YouTube content is monetized by uploading reference files and manually checking metadata are emerging and growing a new frontier of music technologists.”