Posts in District 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

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

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

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

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

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

Horizon Pharma patents covering Vimovo arthritis pain relief treatment have validity upheld at district court and PTAB

Irish biopharmaceutical firm Horizon Pharma announced that two of its patents covering Vimovo, a pain relief treatment for arthritis patients, had their validity upheld in a patent …
By Steve Brachmann
1 year ago 0

What TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits

Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in …
By Jennifer Tempesta
1 year ago 3

Waymo drops three of four patent claims in its case against Uber

In a joint stipulation and order entered three claims of patent infringement were dropped in the intellectual property case being fought between San Francisco, CA-based transportation company …
By Steve Brachmann
1 year ago 132

Warner Bros. settles $80M copyright suit brought by Tolkien estate over LOTR online video and casino gambling games

On July 5th a federal judge entered an order granting the dismissal of a copyright case, which had been filed by the estate of famed English fantasy …
By Steve Brachmann
1 year ago 1

Why is Steven Anderson of Culver Franchising testifying on patent reform in front of Congress?

Why is Steven Anderson citing his case as a reason why Congress must create stricter venue rules when he hasn’t even filed a motion to transfer …
By Steve Brachmann
1 year ago 4

Court finds that use of unpublished Tommy DeVito bio in ‘Jersey Boys’ musical is fair use

In mid-June, this case was overturned on appeal after a federal judge in the U.S. District Court for the District of Nevada (D. Nev.), entered a …
By Steve Brachmann
1 year ago 1

PTAB Appellants Must Pay USPTO’s Attorneys’ Fees Regardless of Outcome of Appeal

In Nantkwest v. Matal, the Federal Circuit reversed the Eastern District of Virginia’s denial of the USPTO’s request for attorneys’ fees in connection with Nantkwest’…