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Tag Archives: Intellectual Property

Cox can’t avoid $1 billion verdict, but can attempt to reduce award (access required)

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 ...

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Seller of fake Lamborghini products must pay $6 million judgment (access required)

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 ...

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Franchisor awarded most of attorneys’ fees, costs in trademark suit (access required)

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 ...

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Attorneys’ fees denied where Lanham Act case was not ‘exceptional’ (access required)

Although the defendants prevailed at summary judgment by demonstrating the Lanham Act claims were time-barred, attorneys’ fees were denied because the plaintiff’s claims were not frivolous or objectively unreasonable, its litigation approach was not so unreasonable as to render it ...

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Disputed terms in patent challenge resolved after Markman hearing (access required)

Following a Markman hearing, 18 disputed terms in a patent challenge involving medical devices intended primarily for use in spinal surgery were construed, with the majority of terms given their plain and ordinary meaning. Background At issue in this case ...

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Affirmative defenses not subject to ‘Twombly’ and ‘Iqbal’ (access required)

Although prior decisions applied the pleading standards in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to affirmative defenses, the recent trend declines to do so. But, even under the less-stringent ...

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Terms clarified for patents involving threat detection technology (access required)

Disputed terms such as “packet(s),” “configured to” and “proxy system” in a patent case involving threat detection computer technology were resolved after a hearing. Background These matters come to the court on eight disputed terms found in the asserted claims ...

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