Although plaintiff communications company, which registered the Agrinet service mark in 1972 and has used it for radio broadcast of farm news, acknowledges it permitted certain uses of the Agrinet mark in some local markets by predecessors of defendant Clear ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Andre M. Davis

Plaintiffs who seek to develop custom products for rehabilitation of stroke patients win their claim that defendant Nautilus is liable for false marking in violation of 35 U.S.C. § 292, and the Roanoke U.S. District Court grants in part plaintiffs’ ...

Tagged with: Intellectual Property Judge James C. Turk U.S. District Court - Western District

As the 4th Circuit has not applied the Twombly-Iqbal standard in a case alleging patent infringement, a Norfolk U.S. District Court applies a relevant decision of the Federal Circuit in reviewing defendants’ motion to dismiss. Plaintiff alleges defendants’ products, services, ...

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

After granting summary judgment for defendants for in an action alleging violations of the Digital Millennium Copyright Act (DMCA) and federal Copyright Act, the Newport News U.S. District Court awards attorney’s fees only as to the DMCA claims asserted against ...

Tagged with: Intellectual Property Judge Robert G. Doumar U.S. District Court - Eastern District

In a patent infringement action seeking injunctive relief, the Norfolk U.S. District Court held that the patentee’s claims in seeking the patent control the definition of “collector card” as one having intrinsic value when dispensed. In 2001, patentee obtained a ...

Tagged with: Intellectual Property Judge Robert G. Doumar U.S. District Court - Eastern District

An Alexandria U.S. District Court accepts a magistrate judge’s recommendation to award default judgment against defendants Ali Hammoud and Al-Amir Inc. for infringing plaintiff’s line of hookah products and marks, and orders defendants to pay $288,419 in damages, $3,563 in ...

Tagged with: Intellectual Property Judge Anthony J. Trenga U.S. District Court - Eastern District

In this patent infringement suit involving eight disputed claims for plaintiff’s ‘870 patent titled “Intramural Stent Graft,” a Norfolk U.S. District Court has concluded its Markman hearing and construes the following terms and phrases: stent, wall, multiplicity of openings, covering, ...

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

In plaintiff Rolls-Royce’s patent infringement suit against defendant United Technologies involving patents for a jet engine swept fan blade, the Alexandria U.S. District Court denies Rolls-Royce’s motion to dismiss UTC’s third counterclaim and to strike its third affirmative defenses, each ...

Tagged with: Intellectual Property Judge Leonie Brinkema U.S. District Court - Eastern District

In this contract action on a project to improve Internet service for airline passengers, plaintiff Lufthansa states a claim with allegations that defendant Wi-SKY Inflight made false statements and representations on the investor relations section of its public website concerning ...

Tagged with: Intellectual Property Judge John A. Gibney Jr. U.S. District Court - Eastern District

Although plaintiff DE Technologies settled its earlier patent infringement suit against Dell Inc., the Roanoke U.S. District Court construed the claims of the same patents at issue in DE’s suit against two other companies, IShopUSA Inc. and International Checkout Inc., ...

Tagged with: Intellectual Property Judge Glen E. Conrad U.S. District Court - Western District