Tag Archives: Intellectual Property

Hair-clip patent claims lack sufficient details (access required)

The patent-holder and licensee for a patented hair clip were granted leave to amend their patent-infringement claims against a former licensee who continues to sell products that the patent covers. Background Plaintiff Chan Soo Kim is listed as the inventor ...

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EDVA: Targeted-ad methods too abstract for patents (access required)

Three patents for “high-tech snooping” processes used for online marketing were not enforceable. The internet context didn’t establish sufficient inventiveness over conventional, abstract concepts. Background This case involves technology that helps businesses pry into peoples’ personal preferences and privacy. Advertisers ...

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No (further) fees awarded in bitter patent fight (access required)

Following contentious patent litigation, the court declined to award attorneys’ fees requested on grounds that the patent owner’s claims and litigation conduct were exceptionally unreasonable. Background Plaintiff CertusView Technologies LLC holds five related patents related to its “e-Sketch” technology, which ...

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Negligence can’t sustain contributory infringement (access required)

Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial due to a jury instruction that erroneously suggested contributory liability could be based on ...

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Default judgment granted in copyright suit (access required)

The court awarded damages and attorneys’ fees for copyright infringement through the Defendants’ alleged use of a torrent network. Plaintiff ME2, which holds the copyright to the film “Mechanic: Resurrection,” alleges that defendants Mohamed Ahmed, Marisol Amaya, Daud Jan, and ...

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Nonprofit’s unattributed photos were fair use (access required)

Defendant Media Research Center Inc. did not infringe on Plaintiff Larry Philpot’s copyright by obtaining his photos from Wikimedia and using them without attribution on the Center’s own website. Philpot is a professional photographer who, as part of his work, ...

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Sales Ratio Comparison Stated False Ad Claim (access required)

In this dispute between two producers of “wood-alternative decking,” a Harrisonburg U.S. District Court dismisses as “puffery” plaintiff’s Lanham Act claims based on statements that defendant is “number one” and the “preferred premium leader” in product categories, but refuses to ...

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No Preliminary Injunction for Store Brand Mark (access required)

A Richmond U.S. District Court denies a preliminary injunction to plaintiff Kroger Company to stop defendant Lidl, a supermarket chain based in Germany, from using its “Preferred Selection” mark for its store brand of products, which Kroger says can be ...

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Prevent employees from walking off with trade secrets


More on Employment Law in Virginia By Clyde Findley and Ryen Rasmus Intellectual property law is com­plicated. It protects legal rights associated with intangible and never-before-seen items. The IP field is full of jargon and contradic­tions, has few bright-line rules, ...

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