Where the court could not conclude as a matter of law that a reasonable jury would not have a legally sufficient basis to find for the non-moving party, both sides’ motions for judgment as a matter of law were denied. ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

The administrative record did not show the Patent and Trademark Office, or PTO, adopted a secret rule, order or policy to decline to issue patents or to take final PTO action on plaintiff’s patent applications. Rather, delays in processing the ...

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

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

Tagged with: Intellectual Property Judge John A. Gibney Jr. U.S. District Court - Eastern District

A physicist with experience relating to radiation protection products could not testify about lost future sales resulting from the defendants’ alleged patent infringement because his opinion was not based on specialized methodology, facts or data gathered from the relevant market. ...

Tagged with: Intellectual Property Judge Raymond A. Jackson U.S. District Court - Eastern District

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

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

Where the parties’ relationship in a patent inventorship dispute was centered on conduct and activities in Taiwan and China, and where specific jurisdiction was lacking, the motion to transfer the dispute to the Northern District of California was denied. Background ...

Tagged with: Intellectual Property Judge Robert G. Doumar U.S. District Court - Eastern District

The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Roger L. Gregory

In a copyright infringement suit brought by members of the music industry against Cox Communications, the jury’s award of $99,830 for each of the infringing works was supported by the evidence and was not unconstitutional. However, Cox will have an ...

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

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

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

Franchisees of urgent care centers who continued using the trademarks, service marks and a franchise system without authorization must pay most of the plaintiff’s attorneys’ fees. The claimed partner hourly rate of $400 and associate rate of $200-275 per hour ...

Tagged with: Intellectual Property Judge Leonie Brinkema U.S. District Court - Eastern District