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Tag Archives: Intellectual Property

Claim Constructions Issued in Water-Toy Patent Case (access required)

In this litigation over a patent for a “self-propelled figure” used to give water toys a life-like motion, the Norfolk U.S. District Court issues its claim constructions after the court’s Markman hearing. The court construes the disputed terms as follows: ...

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No Stay in Fraud-Detection Software Case (access required)

In plaintiff software developer’s suit alleging defendant title company has infringed plaintiff’s patented real estate settlement fraud prevention software system, a Norfolk U.S. District Court denies a motion to stay this suit pending a decision by the Patent Trial and ...

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No ‘Competitive Injury’ in False Marking Suit (access required)

A Roanoke U.S. District Court awards defendant summary judgment on plaintiff’s claim under the federal false patent marking statute, 35 U.S.C. § 292, because plaintiffs, as potential competitors,”  have produced insufficient evidence of a “competitive injury,” which is required to ...

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Defendant Gets Costs, But No Lawyer Fees (access required)

After awarding summary judgment to defendant in plaintiff’s suit for federal trade dress infringement and unfair competition under the Lanham Act, a Roanoke U.S. District Court accepts a magistrate judge’s recommendation and awards defendant cost of $14,551.79, but denies an ...

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‘Twiqbal’ Standard Used for Patent Pleadings (access required)

Federal pleading standards under Twombly and Iqbal apply to complaints in patent infringement cases, and will be applied by the Richmond U.S. District Court to measure the sufficiency of complaints for direct infringement, whether literal infringement or infringement by the ...

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Foil Wrap Uses ‘Tacking’ for Packaging Claim (access required)

In this suit alleging defendant Handi-Foil has infringed registered trademarks for Reynolds’ Wrap and engaged in false advertising, an Alexandria U.S. District Court grants summary judgment to plaintiff Reynolds Consumer Products Inc. on its “tacking” defense to Handi-Foil’s claim that ...

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