Posts in Litigation


Eleventh Circuit Affirms Summary Judgment on Cybersquatting Claims Brought by Owner of ‘European Wax Center’ Mark

On August 6, the U.S. Court of Appeals for the Eleventh Circuit issued a decision in Boigris v. EWC P&T, LLC in which the appellate court …
By Steve Brachmann
2 months ago 0

Patent Owner Sues Former USPTO Officials for ‘Improperly Stacking the Deck’ Against Him

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (…
By Eileen McDermott
2 months ago 8

Curbing Cannabis Copycats: How to Protect Your Brand’s Reputation as Marijuana Companies Try to Make Their Mark

To capture attention in the crowded new field of cannabis-related goods and services, many companies are using other companies’ brands to promote their goods and services, including …

Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just …
By Bruce Gjovig
2 months ago 13

Bobcar SCOTUS Petition Seeks Redress for Constitutional Violations Posed by Federal Circuit’s Abuse of Rule 36

On August 2, New York City-based marketing company Bobcar Media filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to consider …
By Steve Brachmann
2 months ago 4

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday underscored its October 2020 ruling that generic company, Teva Pharmaceuticals, was liable for induced infringement …
By Eileen McDermott
2 months ago 0

CAFC Dismisses LG’s Interlocutory Appeal as Untimely

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Hughes writing for the court, dismissed defendant-appellant LG Electronics Inc. and LG …
By Butch Laker
2 months ago 0

CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, …
By Matthew Schutte
2 months ago 0

Amici Ask SCOTUS to Correct Third Circuit’s ‘Overly Simplistic’ Formulation of Trademark Functionality in Ezaki Glico

On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Supreme Court asking the nation’s highest court to grant …
By Steve Brachmann
2 months ago 0

CAFC Holds Bylaws Failed to ‘Effectuate Present Automatic Assignment’, Thwarting Apple’s Attempt to Dismiss Infringement Suit

On August 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s denial …
By Nancy Braman
2 months ago 1

England and Wales Court of Appeal Rules in SkyKick Trademark Case

Followers of European trademark developments will be familiar with the Sky v SkyKick litigation, in which the UK courts and the Court of Justice of the EU …
By James Nurton
2 months ago 0

Investor Group Buys Half of Prince’s Tightly Controlled but Intellectual Property-Attractive Estate

With the value of his music catalogue still subject to an ongoing dispute between the trust managing his estate and the IRS, Prince, who died in 2016, has …
By Bruce Berman
2 months ago 0

Teaching Away, Commercial Success, and Blocking Patent Doctrines All Under the CAFC Spotlight

In The Chemours Company FC, LLC v. Daikin Industries, Ltd., Nos. 2020-1289, 2020-1290 (Fed. Cir. July 22, 2021) (“Chemours v. Daikin”), the Federal Circuit clarified three doctrines involved in …

Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign

In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a …
By Jonathan Stroud
2 months ago 0

Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research

On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate …
By Steve Brachmann
2 months ago 0