Posts Tagged: summary judgment
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
District Court Applies New Supreme Court Product Design Standard to Light Bulbs
My intuition is that the judge came to the correct conclusion, but that the Supreme Court test ultimately did little to guide her thinking. As I mentioned …
Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims
The total number of intellectual property claims included in all commercial cases is higher than the figure of 11,643 commercial cases including at least one IP claim. “It …
