Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-15809
|
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite public's widespread use of the term as a verb. |
Intellectual Property |
|
Jun. 14, 2017 | |
15-1039
|
Sandoz Inc. v. Amgen
BPCIA's disclosure requirements under 42 U.S.C. Section 262(l)(2)(A) not enforceable by injunction; applicant seeking FDA approval for biosimilar product need not wait for licensure before providing commercial marketing notice. |
Intellectual Property |
|
Jun. 12, 2017 | |
15-1189
|
Impression Products Inc. v. Lexmark International Inc.
Manufacturer gives up patent rights to toner cartridges when it decided to sell its product, regardless of any purported restrictions or location of sale. |
Intellectual Property |
|
May 31, 2017 | |
16-341
|
TC Heartland LLC v. Kraft Food Groups Brands LLC
In patent infringement suit brought against domestic corporation, domestic corporation 'resides' only in its State of incorporation pursuant to 28 U.S.C. Section 1400(b) and 'Fourco.' |
Intellectual Property |
|
May 23, 2017 | |
15-15809
|
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite to public's widespread use of the term as a verb. |
Intellectual Property |
|
May 17, 2017 | |
15-866
|
Star Athletica LLC v. Varsity Brands Inc.
Surface decorations on cheerleading uniforms are eligible for copyright protection as works of art where they can be separated from the useful article. |
Intellectual Property |
|
Mar. 23, 2017 | |
14-17229
|
Slep-Tone Entertainment Corp v. Wired for Sound Karaoke and DJ Services LLC
Media files 'ripped' from karaoke company's CDs used in karaoke performances do not give rise to unfair competition suit under Lanham Act. |
Intellectual Property |
|
Jan. 18, 2017 | |
15-777
|
Samsung Electronics Co. Ltd. Apple Inc.
Relevant 'article of manufacture' for calculation of damages involving multi-component product need not be end product sold to consumer, but may be only a component of said product. |
Intellectual Property |
|
Dec. 6, 2016 | |
14-16096
|
Russell Road Food & Beverage v. Spencer
Trademark rights assigned to third parties upheld as no material changes made to agreement nor any clause present in contract prohibit assignment. |
Intellectual Property |
|
Jul. 25, 2016 | |
13-17382
|
JL Beverage Co. LLC v. Jim Beam Brands Co.
Application of wrong legal standard by district court when deciding motion for summary judgment leads to reversal and remand in dispute between vodka makers. |
Intellectual Property |
|
Jul. 15, 2016 | |
15-375
|
Kirtsaeng v. John Wiley & Sons Inc.
In awarding fees under Copyright Act Section 505, substantial weight should be given to objective reasonableness of losing party's position in addition to all other circumstances. |
Intellectual Property |
|
Jun. 16, 2016 | |
13-56577
|
Millennium Laboratories Inc. v. Ameritox Ltd.
Summary judgment improper where triable issues remain as to whether visual layout of urine test report is functional, disqualifying it from Lanham Act protection. |
Intellectual Property |
|
Apr. 5, 2016 | |
13-55575
|
Multi Time Machine Inc. v. Amazon.com Inc.
Amazon defeats trademark infringement suit filed by manufacturer of military style watches because its search results were unlikely to confuse online consumers. |
Intellectual Property |
|
Oct. 22, 2015 | |
13-55484
|
DC Comics v. Towle
Pow! Copyright law deals blow to maker of Batmobile replicas who admittedly copied Batmobile's distinctive bat-like features and other unique characteristics. |
Intellectual Property |
|
Sep. 24, 2015 | |
14-35393
|
Microsoft Corp. v. Motorola, Inc.
Defendants' express consent to sever multiple issues in patent suit, and dispose of one predicate issue by way of a bench trial, prevents their subsequent appellate contention as to such severance. |
Intellectual Property |
|
Jul. 30, 2015 | |
13-55796
|
Amity Rubberized Pen Co. v. Market Quest Group Inc.
Where court lacks jurisdiction over patent case, transfer to Federal Circuit with exclusive jurisdiction is in interest of justice. |
Intellectual Property |
|
Jul. 13, 2015 | |
13-55575
|
Multi Time Machine Inc. v. Amazon.com Inc.
Amazon not entitled to summary judgment on trademark claim where jury could have concluded that its search results created initial interest confusion. |
Intellectual Property |
|
Jul. 6, 2015 | |
13-720
|
Kimble v. Marvel Entertainment LLC
High court declines to overturn 'Brulotte v. Thys;' hence, all patent-related benefits, including royalty payments, must cease at the expiration of the patent. |
Intellectual Property |
|
Jun. 22, 2015 | |
13-896
|
Commil USA LLC v. Cisco Systems Inc.
Belief regarding patent validity is not valid defense against induced patent infringement claim. |
Intellectual Property |
|
May 26, 2015 | |
12-17810
|
Ryan v. Editions Limited West Inc.
Court properly awards artist attorney fees in copyright infringement claim, but abused its discretion in greatly reducing award without providing adequate explanation. |
Intellectual Property |
|
May 19, 2015 | |
13-352
|
B&B Hardware Inc. v. Hargis Industries Inc.
Error to not apply issue preclusion to Trademark Trial and Appeal Board finding in infringement action. |
Intellectual Property |
|
Mar. 24, 2015 | |
12-17502
|
Fifty-Six Hope Road Music Ltd. v. A.V.E.L.A. Inc.
Bob Marley’s children prevail on false endorsement claim against parties that used their father’s image on t-shirts and other merchandise. |
Intellectual Property |
|
Feb. 22, 2015 | |
12-16733
|
Corbello v. DeVito
Ghostwriter’s heir may proceed with copyright infringement claim against former members of Jersey Boys over Broadway musical. |
Intellectual Property |
|
Feb. 11, 2015 | |
13-1211
|
Hana Financial v. Hana Bank
In trademark disputes, ‘tacking’ issue for jury to decide just as in tort, contract, and criminal cases. |
Intellectual Property |
|
Jan. 22, 2015 | |
11-57137
|
Omega S.A. v. Costco Wholesale Corp.
Omega may not prohibit sale of its copyrighted watches by Costco, who obtained watches through the ‘gray market.’ |
Intellectual Property |
|
Jan. 21, 2015 | |
13-854
|
Teva Pharmaceuticals USA Inc. v. Sandoz Inc.
Reviewing court may not set aside district court’s determination on subsidiary factual matter involving patent claim without finding of clear error. |
Intellectual Property |
|
Jan. 21, 2015 | |
14-55253
|
Pom Wonderful LLC v. Hubbard
District court improperly denies Pom Wonderful LLC’s request for preliminary injunction over use of ‘POM’ mark due to mistaken likelihood-of-success determination. |
Intellectual Property |
|
Dec. 31, 2014 | |
12-16944
|
Oracle Corp. v. SAP AG
Oracle Corp. is not entitled to $1.3 billion in hypothetical-license damages against SAP AG when it failed to present objective, non-speculative evidence of license price. |
Intellectual Property |
|
Sep. 1, 2014 | |
13-35010
|
Hendricks & Lewis PLLC v. Clinton
District court may authorize receiver to sell musician George Clinton’s master recordings to satisfy various judgments that law firm won against him. |
Intellectual Property |
|
Aug. 26, 2014 | |
13-55780
|
Southern California Darts Association v. Zaffina
Unincorporated association has capacity to own trademarks and bring suit under Lanham Act in federal court to stop infringement of unregistered marks. |
Intellectual Property |
|
Aug. 11, 2014 |