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Tag Archives: Intellectual Property

Jury Should Hear ‘Functionality’ Issue (access required)

In plaintiff’s suit alleging defendant Kimberly-Clark’s use of a dot pattern in its absorbent “GoodNites” bed mats infringed plaintiff’s rights in its own dot-embossed pattern for a textile-like absorbent material, the jury should have been allowed to decide whether the ...

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No ‘Prevailing Party’ Fees for Defendant (access required)

Although defendants, sued for patent infringement of a pocketed bra design, successfully defended plaintiff’s motion for a preliminary injunction, won dismissal of the individual defendants and saw the suit dismissed for failure to prosecute, the Charlottesville U.S. District Court says ...

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New high court rulings could create problems for ‘patent trolls’ (access required)

patent

WASHINGTON — The U.S. Supreme Court has handed down a pair of decisions that could make it more difficult to bring patent infringement claims in some circumstances, further hampering suits brought by so-called “patent trolls.” But while the justices’ rulings ...

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Use of NAACP Marks Not ‘Parody’ (access required)

Plaintiff anti-abortion activist whose foundation and website consistently referred to the National Association for the Advancement of Colored People as the National Association for the “Abortion” of Colored People has infringed defendant’s NAACP and association name trademarks in violation of ...

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No ‘Do-Over’ Claim Construction in GPS Patent Case (access required)

In plaintiff TomTom Inc.’s suit for a declaration that defendant AOT Systems’ ‘836 patent for tracking data in a mobile Global Positioning System is invalid and therefore not infringed by plaintiff, the Alexandria U.S. District Court declines to reconsider its ...

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