A biotechnology company that challenged a final decision of the Patent Trial and Appeal Board is responsible for covering the government’s non-personnel charges. Background Halozyme brought this action pursuant to 35 U.S.C. § 145, challenging a final decision issued by ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

A plaintiff who prevailed on summary judgment on a Lanham Act claim over use of a common phrase, “We Buy Homes,” is not entitled to attorney’s fees because the case was not rare, extraordinary or unique. Background On June 28, ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Although “We buy houses” is a registered trademark, it is now widely used to describe services provided rather than a source of services, which makes it generic, not distinctive. Background Plaintiff Express Homebuyers has been in the house-buying industry since ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

A plaintiff was liable for the defendants’ fees and costs because the plaintiff’s claims lacked merit and its conduct was unreasonable. Background On Dec. 20, 2016, Valador filed a second amended complaint against defendants HTC Corporation, HTC America, Inc. and ...

Tagged with: Intellectual Property Judge Joseph J. Ellis U.S. District Court - Eastern District

Despite the fact the jury found that only eight of 67 alleged trade secrets were actually trade secrets, and only seven had been misappropriated, its resulting damages award was supported by the record. Background Steves is an independent manufacturer of ...

Tagged with: Intellectual Property Judge Robert E. Payne U.S. District Court - Eastern District

Where a lab showed it was likely to succeed on its claims of trademark counterfeiting, infringement and dilution by unknown defendants, it was entitled to an ex parte TRO order freezing the assets of each of the defendants’ PayPal and/or ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

As Volvo was likely to succeed on its claims that unknown defendants were knowingly marketing and selling counterfeit goods, the court ordered defendants’ assets frozen. Background Plaintiffs allege that defendants “are knowingly and intentionally promoting, advertising, marketing, retailing, offering for ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Juul Labs convinced the court it was likely to prevail on trademark claims against unknown defendants selling allegedly counterfeit products on eBay, and that defendants’ Pay Pal accounts should be frozen. Background Plaintiff alleges that Defendants “are knowingly and intentionally ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Liberty Counsel, an organization dedicated to advancing Christian causes, sued GuideStar, a nonprofit organization that maintains an extensive online directory of profiles on other nonprofits, after GuideStar reported the Southern Poverty Law Center had designated Liberty Counsel as a hate ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Per Curiam Opinion

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

Tagged with: Intellectual Property Judge Elizabeth K. Dillon U.S. District Court - Western District