Posts Tagged: summary judgment


Federal Circuit Upholds District of Delaware’s Summary Judgment Ruling for Donghee

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential public opinion affirming the District Court for the District of Delaware’…
By Butch Laker
1 month ago 2

Federal Circuit Affirms District Court’s Summary Judgment of NonInfringement Under the Doctrine of Equivalents

On November 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District of Nevada granting summary judgment of noninfringement under …
By Nancy Braman
2 months ago 0

Annie Sloan Wins Preliminary Injunction on Reverse Passing Off Claims Against Distributor

U.S. District Judge Mary Ann Vial Lemmon of the Eastern District of Louisiana entered a preliminary injunction order against Jolie Home, LLC and other defendants accused …
By Steve Brachmann
1 year ago 0

Section 101 Motions to Dismiss Still Alive in District Courts

In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
By Ana Friedman
1 year ago 4

FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors

The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …

Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case

On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
By Steve Brachmann
1 year ago 0

Judge Rules That Script for “Friday the 13th” Was Not a Work For Hire, Allows Scriptwriter to Reclaim Copyright

District Judge Stefan Underhill of the District of Connecticut issued a ruling on cross-motions for summary judgment in a copyright case involving the cult horror film Friday …
By Steve Brachmann
1 year ago 0

CAFC Upholds 101 Invalidation of Database Claims on Summary Judgment Despite Berkheimer

On Wednesday, August 15th, the Court of Appeals for the Federal Circuit issued a precedential decision in BSG Tech LLC v. BuySeasons, Inc. which upheld a decision …
By Steve Brachmann
1 year ago 15

Reports Shows Significant Increase in Trade Secret Litigation Since Passage of DTSA

The Lex Machina report supports the notion that trade secret litigation has ramped up in U.S. district courts in the time since the passage of the …
By Steve Brachmann
1 year ago 2

Northern Florida District Judge Decides That Dentist’s Copyright Claims Have No Bite

On June 20th, U.S. District Judge Mark Walker of the Northern District of Florida issued an order on summary judgment which terminated Pohl v. Officite, a …
By Steve Brachmann
2 years ago 1

Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility

A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence.  In particular, the dissent quotes Secured …
By James Carmichael
2 years ago 3

Holder for Car Camera Does Not Infringe Patent for Removable Book Holder

in Ottah v. Fiat Chrysler, Chikezie Ottah appealed the lower court’s grant of summary judgment of non-infringement and dismissal of the complaint with prejudice. Ottah’s …

Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment

Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
By Gene Quinn
2 years ago 15

Disney Slams Characters for Hire for Tarnishing the Disney Image

One of the interesting theories posed by the case is Character for Hire’s claimed right to use Disney characters, which derive from Norse mythology or centuries-old …
By Amanda G. Ciccatelli
2 years ago 1

Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits

Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure …