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Posts Tagged: "Patent Lawsuit"

Nikola Accuses Tesla of Design Patent Infringement on Aerodynamic Truck Cabin Features

On April 30th, alternative fuel vehicle manufacturer Nikola Corporation filed a complaint alleging claims of design patent infringement against electric vehicle maker Tesla Inc. Filed in the District of Arizona, Nikola’s complaint accuses Tesla of copying various elements of design patents held by Nikola in the area of heavy duty semi truck cabin design.

CAFC Remands Medinol Patent Suit Against Cordis After SCOTUS Overturns Laches Finding

On Thursday, April 20th, the Court of Appeals for the Federal Circuit issued a decision in Medinol Ltd. v. Cordis Corporation et. al. which vacated and remanded a lower court’s ruling that claims of patent infringement alleged by Israeli pharmaceutical firm Medinol were barred by the equitable defense of laches. The Federal Circuit’s decision comes after the U.S. Supreme Court overturned the Federal Circuit’s previous precedence on laches as an equitable defense in SCA Hygiene Products v. First Quality Baby Products, decided last year. The case was decided by a panel consisting of Circuit Judges Timothy Dyk, Jimmie Reyna and Kara Stoll.

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 Japanese-Canadian anime adventure series Bakugan Battle Brawlers. According to Spin Master’s complaint, the Bakugan toy series has been a major success for the company, earning $1 billion in sales in just over a decade. Bakugan is a combination of the Japanese words for “to explode” (baku) and “sphere” (gan) and Spin Master’s toys were designed to be spherical, rollable toys which would “explode” into a character when the toy came into contact with a magnetic component. Spin Master’s toys remained popular through a number of Bakugan spin-off series and the company planned to reboot the toy brand for release along with a new anime series to be released in the 2019-20 time frame.

Apple Counterclaim and 3 New Qualcomm Suits Increase Scope of Battle over Mobile Device Tech

In late November, the legal dispute between San Diego, CA-based semiconductor developer Qualcomm Inc. (NASDAQ:QCOM) and Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL) over patents covering various electronic device components and features. A series of actions taking place in the Southern District of California shifts the focus of what has been an international squabble over patent infringement and antitrust claims back to American soil.

The story of the bullied patent owner, more widespread than bad acting patent trolls

We have all heard it. We all know it happens. Large company takes a look at what small company is working on, refuses to do a deal and then miraculously thereafter starts to infringe. In this, as in many cases, there was a confidentiality agreement, but what good is such an agreement without the means to enforce it? Even worse, it appears as if in this case the larger company had the audacity to file a patent application of their own after being granted access to what was supposed to be confidential information. Unfortunately, Congress and the Courts seem singularly focused on protecting helpless large multinational corporations who, as the story goes, are getting bullied by patent owners. That just isn’t the reality I see.

Opinion: Regrettable White House Intervention on Patent Trolls

What’s regrettable is that the White House didn’t wait for such empirical data on patent litigation and instead rehashed the findings of discredited studies of PAE-related lawsuits and their purported economic consequences. Specifically, I mean the infamous $29 billion victims are said to have paid to patent trolls in 2011, a number that has echoed around the Internet and made it into congressional debate despite its dubious origins. The number was produced by a study that failed to adequately define just what a troll is – even universities and many manufacturers were included – and then harvested its data not from a reputable polling or academic institution but from a company that has a dog in the patent fight and profits from fueling fears about infringement lawsuits.

China’s Great Leap Forward in Patents

On March 28, Apple Inc. appeared in court in Shanghai to defend charges that Siri, its voice-recognition, personal-assistant software, allegedly infringes a Chinese patent. The plaintiff and owner of the patent, Zhizhen Internet Technology Co., claims its version of the software has over 100 million users in China and is requesting the court to ban all manufacturing or sales of Apple’s product in China. This was not the first time Apple faced patent infringement claims in China. Last summer a Taiwanese man sued the company in China for alleged infringement relating to its Facetime technology.

Intellectual Ventures Brings Second Patent Infringement Lawsuit Against Symantec

Patent and technology firm, Intellectual Ventures (IV), recently brought a new complaint against computer security company, Symantec, claiming that the company infringed on three of its patents. To be specific, the complaint alleges that three of Symantec’s products (Replicator, Veritas Volume Replicator, and ApplicationHA) “actively, knowingly and intentionally” infringed on three separate IV patents. Symantec was also sued as part of a different complaint by IV back in 2010, along with Trend Micro, McAfee, and Point Software Technologies.

Spanx v. Yummie Tummie – Design Patent Lawsuit Takes the Fashion World by Storm

Patent stories don’t normally make the evening news or the major outlets unless one of the antagonists is called Apple. That changed this week when news broke that Spanx, makers of shapewear undergarments for women, founded by Sara Blakely had filed an action for Declaratory Relief against Times Three Clothiers, doing business as Yummie Tummie, in the Northern District of Georgia. Once the story got to The Huffington Post, as they say, it was on, and quickly went viral being picked up by all of the major television networks, Forbes, Business Week and most of the major newspapers around the country.

Patent Trolling? ExoTablet Sues Over Allegedly Infringing PadFone

The complaint alleges that two ASUS products sold by Negri Electronics violate a patent that ExoTablet currently holds for combination laptop/cell phone devices: the PadFone and the PadFone 2. ExoTablet is seeking compensation for infringement, lost profits due to infringement, prejudgment interest and treble damages. Negri Electronics does not seem to be too concerned, or at least believes that it has a very strong legal case in defense. Ryan Negri said that the company was very surprised by the legal action, and that they consider the case to be “frivolous.” “The technology industry has been rife with patent trolling in recent years,” Negri said, “which we believe is a fair and accurate characterization of this current lawsuit.”

Copytele Sues Taiwanese Manufacturer for Conspiracy to Steal Patented Technologies

CopyTele claims that AUO and another Taiwanese firm, E Ink Holdings, conspired to steal patented technologies from CopyTele to monopolize production of display screens for popular consumer devices. AUO is a major manufacturer of flat screen displays for computers, televisions and tablet devices, including Apple’s iPad. E Ink Holdings is another Taiwanese electronics manufacturer that develops eReader screens for devices like Barnes & Noble’s Nook and Amazon’s Kindle.

Bowman v. Monsanto: Striking at the Roots of Innovation

Bowman v Monsanto involves a farmer who figured out how to get Monsanto’s patented seeds cheaper from a grain elevator than from the company. I won’t attempt to delve into the intricacies of the litigation or the doctrine of patent exhaustion, but do want to consider a larger point. What happens if our innovators lose confidence in the patent system? Some apparently believe this is a desirable outcome

Hall v. Bed Bath & Beyond: Design Infringement Can Proceed

BB&B initially moved to dismiss Hall’s complaint in accordance with Federal Rule of Civil Procedure 12(b)(6) – failure to state a claim on which relief can be granted. The district court granted the dismissal of the complaint. In part, the district court stated that Hall’s complaint failed to contain “any allegations to show what aspects of the Tote Towel merit design patent protection, or how each Defendant has infringed the protected patent claim.” Order at 15-16. The CAFC cited Phonometrics, Inc. v. Hospitality Franchise Systems, Inc. as precedent for the requirements of patent infringement pleading. The five elements include (i) to allege ownership of the patent, (ii) name each defendant, (iii) cite the patent that is allegedly infringed, (iv) state the means by which the defendant allegedly infringes, and (v) point to the sections of the patent law invoked. The CAFC stated that Mr. Hall had presented a lengthy complaint outlining the merits of his case and, therefore, had satisfied the standards set forth in Phonometrics.

Toy Patent Litigation: Laser Pegs® Sues Lite Brix

Laser Pegs®, maker of the toy industry’s first lighted toy construction set, recently announced it is suing Lite Brix for unfair competition and willful patent and trade dress infringement.The filed complaint suggests that at a toy fair in 2011, Capriola was approached by Larry Rosen of Larose Industries LLC with an interest in investing in Laser Pegs. After a few arranged meetings to discuss the possible substantial investment, Rosen broke off ties with Capriola. He was later found to have secretly created and marketed Lite Brix.