Even though a cybersecurity company stopped selling goods online using an unregistered mark years before a competitor registered a similar mark, its continued use of the mark online subjected it to liability for trademark infringement. Judge Claude M. Hilton of ...

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

Where each of five claims were directed to abstract ideas, and did not contain any inventive concept sufficient to transform the claims into patent-eligible subject matter, the claims were dismissed. Background In this patent infringement case, Volvo Penta of the ...

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

Where owners of electronic skill-based games alleged that defendants purchased and used illicit versions of their games, the owners’ motion for default judgment on their Copyright Act claims was granted. But the owners were denied willful statutory damages because there ...

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

Where a wireless provider used the mark “SIMPLY PREPAID” deliberately and continuously from 2002-08, it obtained common-law rights in the mark. But because the provider then effectively abandoned the mark, the use of the mark by a different telecommunications company ...

Tagged with: Intellectual Property Judge Anthony J. Trenga U.S. District Court - Eastern District

Where GoSecure owns the mark GOSECURE and operates in the cybersecurity space, a man was liable for trademark infringement for using GOSECURE on his website, blog and Twitter account, all of which contained information about cybersecurity services and goods. Background ...

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

Where the jury awarded the plaintiff $2 million in damages on its trademark infringement claim, the defendants’ post-trial attack on that award failed. Although the award constituted a significant portion of defendants’ profits, and it was not perfectly clear how ...

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

Where a jury found the plaintiff did not prove by a preponderance of the evidence that defendant infringed any of the asserted claims, and that the defendant did not prove by clear and convincing evidence that any of the asserted ...

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

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