In this patent dispute involving technology to support electronic tiles to use in “Flash” games, the Alexandria U.S. District Court grants partial summary judgment to plaintiff. Plaintiff Mitile Ltd. alleges Scrabble Flash, Boggle Flash, Yahtzee Flash and Simon Flash (‘Flash ...

Tagged with: Intellectual Property Judge Gerald Bruce Lee U.S. District Court - Eastern District

In plaintiff’s suit seeking cancellation of a trademark related to a “SHUSTOV” mark for alcoholic beverages and spirits, plaintiff has failed to allege specific facts to support its fraud claims and the Alexandria U.S. District Court dismisses plaintiff’s suit with ...

Tagged with: Intellectual Property Judge James C. Cacheris U.S. District Court - Eastern District

An Alexandria U.S. District Court upholds the Patent and Trademark Office’s denial of registration for the term “PROBIOTIC” on the grounds that the term is generic in connection with fertilizer and, alternatively, the term at best is descriptive and has ...

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

The Alexandria U.S. District Court reports its Markman claim construction in this patent infringement case in which N5 Technologies LLC, the owner of the subject ‘297 patent, is suing defendant Capital One Bank for direct infringement and for inducing infringement ...

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

In plaintiff’s suit alleging a former employee illegally used plaintiff’s trademark through a website and converted plaintiff’s software product in breach of the employment contract between plaintiff and defendant, the Norfolk U.S. District Court says plaintiff has not shown it ...

Tagged with: Intellectual Property Judge Mark Davis U.S. District Court - Eastern District

WASHINGTON — In a case that could have a significant impact on patent litigation, the justices of the U.S. Supreme Court seemed disinclined to shift the burden of proof onto patent licensees to prove non-infringement in declaratory judgment actions. During ...

Tagged with: Intellectual Property U.S. Supreme Court

Plaintiff Portfolio Recovery Associates Inc., a publicly traded company that buys and administers debt accounts from financial institutions and corporate lenders, wins partial default judgment of its trademark infringement suit against defendant Portfolio Recovery Group LLC, in this suit in ...

Tagged with: Intellectual Property Judge Mark Davis U.S. District Court - Eastern District

In awarding damages to plaintiff for infringement of a patent for technology used to detect trace amounts of contraband, the Norfolk U.S. District Court awards prejudgment interest at the prime rate, 3.25 percent, compounded quarterly, not the three-month Treasury bill ...

Tagged with: Intellectual Property Judge Mark Davis U.S. District Court - Eastern District

The Patent and Trademark Office wins summary judgment in plaintiff’s suit alleging the PTO improperly calculated the patent term adjustment for the ‘374 patent, and the Alexandria U.S. District Court says the PTO’s construction of 35 U.S.C. § 154(b)(2)(C) is ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Imagine that after five years of litigating a complicated patent case, you’re headed into a jury trial in federal court. Now imagine you represent the plaintiff and you call your first witness. The judge speaks: “Ladies and gentleman of the ...

Tagged with: Discovery Federal Courts Intellectual Property Judge Arenda L. Wright Allen Judge Tommy E. Miller Sanctions