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

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