Where two individuals solved a problem that had prevented an inventor from conducting a successful test of his invention, and the invention would not have been viable without their efforts, they will be added as co-inventors to the US and ...

Tagged with: Intellectual Property Judge Roderick C. Young U.S. District Court - Eastern District

Where the plaintiff moved to exclude evidence that the defendant has patents on the accused product, its motion in limine was denied. Although holding patents on the accused product is not a defense to infringement, as the jury will be ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where a company and individual sued for violations of the Lanham Act, defamation, tortious interference with plaintiffs’ prospective business advantages and relationships and business conspiracy did not purposefully avail themselves of the benefits and privileges of Virginia law, there was ...

Tagged with: Intellectual Property Judge David J. Novak U.S. District Court - Eastern District

Where the United States Patent and Trademark Office, or USPTO, refused to reinstate the plaintiffs’ patent cooperation treaty, or PCT, application after they paid the required fees, that was arbitrary and capricious. The office had granted relief to at least ...

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

Where a patent holder failed to allege facts sufficient to support a plausible claim that the defendant knowingly induced others to infringe the plaintiff’s patents, or that defendant acted with the specific intent to do so, an indirect infringement claim ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where there were disputed issues of material fact on whether patents were indefinite, whether prior art rendered a patent obvious and whether a similar machine was on sale and publicly known at the time a patent was obtained, summary judgment ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where a special master issued a report and recommendation resolving disputes over claims in a patent infringement suit, the court adopted those recommendations. Background Daedalus Blue LCC is the current owner of the two patents (the ‘172 patent and the ...

Tagged with: Intellectual Property Judge Roderick C. Young U.S. District Court - Eastern District

Where a network security company alleged that several products from a competitor infringed 13 of the plaintiff’s patents, but the defendant had petitioned for inter partes review, or IPR, the suit was stayed pending resolution of the IPR proceedings. Background ...

Tagged with: Intellectual Property Judge Roderick C. Young U.S. District Court - Eastern District

Where there were disputed facts over whether Emerson Creek Pottery gave an express license to Emerson Creek Events, or whether an implied license was created by the parties’ conduct, both sides’ motions for summary judgment were denied. Background The case ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where Florida-based defendants who were sued for trademark infringement by a mortgage services company have not been involved with loans in Virginia, Virginia residents have not registered with or submitted any loan applications through their website and they have not ...

Tagged with: Intellectual Property Judge Patricia Tolliver Giles U.S. District Court - Eastern District