A company that twice filed complaints asserting patent infringement and related claims based on its beverage dispending system couldn’t dodge a motion to dismiss by arguing it needed discovery. Its complaint, meanwhile, included only conclusory allegations and was dismissed. Background ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the patent was not issued under a decision in the Patent Trial and Appeal Board or federal court reversing an adverse determination of patentability, the United States Patent and Trademark Office did not err in concluding the plaintiff was ...

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

Although Cisco Systems, which was sued for patent infringement, argued the trial judge should recuse himself after he discovered his spouse owned shares of Cisco and one of its competitors, the motion was denied because a reasonable person would not ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A company that demonstrated that Cisco Systems infringed four of its patents covering complex computer networking security functions was awarded over $755 million in damages. Because Cisco’s infringement was willful, this amount was multiplied 2½ times, resulting in a total ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

Where the defendant committed at least three copyright violations by failing to obtain licenses for the use of photos of Ringo Starr, Mick Jagger and Jimmy Page, the plaintiff was awarded $1,500 per violation, as allowed by statute, plus a ...

Tagged with: Intellectual Property Judge Henry E. Hudson U.S. District Court - Eastern District

Where the court could not conclude as a matter of law that a reasonable jury would not have a legally sufficient basis to find for the non-moving party, both sides’ motions for judgment as a matter of law were denied. ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

The administrative record did not show the Patent and Trademark Office, or PTO, adopted a secret rule, order or policy to decline to issue patents or to take final PTO action on plaintiff’s patent applications. Rather, delays in processing the ...

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

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

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