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Tag Archives: Intellectual Property

4th Cir.: Genuine fact disputes revive grill branding litigation (access required)

Regarding its use of the mark “Backyard Grill,” genuine issues of material fact should have prevented the trial court’s conclusion as a matter of law that Walmart was liable for infringement damages of approximately $32.5 million, plus attorneys’ fees and ...

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4th Cir.: Contempt, sanctions for infringement affirmed (access required)

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

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EDVA: Patent claims trimmed, damages theory rejected (access required)

In advance of an upcoming jury trial, a plaintiff could not prevail on claims related to one of its asserted patents, and the court refused to present its proffered theory of damages to the jury. Background In this patent-infringement case, ...

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EDVA: 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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WDVA: Limited jurisdictional discovery needed in patent suit (access required)

Outstanding stream-of-commerce issues prevented the court from immediately ruling on the defendant’s claim that the court lacked personal jurisdiction. Background Plaintiff MYA Saray LLC manufactures and distributes tobacco products, including hookahs and accessories. The company also owns a number of ...

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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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EDVA: 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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