Posts in Courts


Infringer Profits in Design Patent Cases

In the calculation of design patent infringer profits, two key issues are the definition of the article of manufacture and the methodology for calculating total infringer profits... …
By Mark Pedigo
1 year ago 0

Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …

ABOTA defends Judge Gilstrap in response to political pressure from Darrell Issa

Issa decried Judge Gilstrap’s “overreach” in denying a motion to transfer venue in a case coming after the U.S. Supreme Court’s decision in TC …
By Steve Brachmann
1 year ago 5

Breadth through Specificity: Supporting Alternative Embodiments with Multiple Examples in Patent Applications

Two recent cases, The Medicines Co. v. Mylan, Inc and Skedco, Inc. v. Strategic Operations, Inc., illustrate that the patentee’s specification is key to determining whether …

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
1 year ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
1 year ago 0

Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
1 year ago 17

Neighboring booths at IDEA World 2017 locked in trademark infringement case over fitness equipment

At this year’s IDEA World, TRX’s booth is very close to Aktiv Solutions, a distributor of fitness equipment. The two are only separated by one …
By Steve Brachmann
1 year ago 3

Wrigley sues Chicago area e-cig firm over Doublemint, Juicy Fruit liquid vapor products

Chicago-based chewing gum company Wm. Wrigley Jr. Company filed a trademark infringement suit against e-cigarette seller Chi-Town Vapers LLC of Bensenville, IL. The suit targets Chi-Town for …
By Steve Brachmann
1 year ago 1

Obviousness-Type Double Patenting Considerations

Obviousness-type double patenting (“ODP”) is a judicially created doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily afforded term. Prior to the Uruguay …
By Aaron Reinhardt
1 year ago 1

Stryker receives treble damages as part of $248.7M award after 2016 remand from SCOTUS

The final judgment and permanent injunction follows the U.S. Supreme Court’s decision last June in Stryker Corp. v. Zimmer Inc. (consolidated with Halo Electronics, Inc. …
By Steve Brachmann
1 year ago 2

$17 million: The real and staggering cost to patent in the US in the PTAB age

At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, …
By Josh Malone
1 year ago 35

The High Tech Inventors Alliance: The newest institution of the efficient infringer lobby in D.C.

Eight tech companies owning a collective 115,000 patents announced the establishment of the High Tech Inventors Alliance (HTIA), an organization they claim is “dedicated to supporting balanced patent …
By Steve Brachmann
1 year ago 27

View from the Courtroom: What to Expect When You Try to Get a TRO in Your Unfair Competition Case

Experience shows that most unfair competition or trade secret theft issues can be resolved without the need for litigation; often, an exchange of letters between the parties’ …
By Steven Blackburn
1 year ago 3

Kroger files suit against Lidl alleging trademark infringement of private grocery food label

Cincinnati, OH-based grocery retailer Kroger Company (NYSE:KR) recently filed a trademark infringement suit against German-based discount supermarket chain Lidl over a private food label. The suit, …
By Steve Brachmann
1 year ago 1