A pharmaceutical company was not entitled to additional patent term adjustment time because the Patent and Trademark Office correctly determined that any time that could be awarded based on a delay caused by the PTO’s failure to act by certain ...

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

Where a company hired an outside firm to create a commercial website and the outside firm used an unlicensed, copyrighted photo to accompany an article posted on one of the webpages, both the company and the owner of the outside ...

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

Where a developer created software to automate government defense contract review and the government later worked with a private company to create a derivative work using the software’s source code, the developer was barred from suing the company for copyright ...

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

After the court found RXD Media infringed on Apple’s trademarks, Apple provided evidence of actual consumer confusion. Because Apple will suffer irreparable injury without an injunction, RXD has been enjoined from using the IPAD and IPOD marks on its products. ...

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

Jaguar’s patent for a terrain response technology that electronically controlled various vehicle subsystems to optimize a vehicle’s performance on different types of terrain was valid because the patent claims were not directed at an abstract concept and, if even if ...

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

The owners of certain domain names obtained a protectable interest in those names by using them in commerce before a hacker transferred the names to his control, and the owners were entitled to an order directing that the domain names ...

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

An electronic cigarette company was entitled to a temporary restraining order freezing the PayPal accounts of unknown individuals selling counterfeit products bearing the company’s trademark on eBay because the company was likely to succeed on their claims of trademark infringement ...

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

Where a patent for an accumulation table that conveys products from one production machine to another included functional language describing how the accumulation table was to be used, it would be premature to determine whether the functional language rendered the ...

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

A patent owner who brought a large number of infringement claims against a manufacturer was not permitted to amend its complaint to assert new claims after the manufacturer successfully challenged the claims before the Patent Trial and Appeal Board, or ...

Tagged with: Intellectual Property Judge Joel Hoppe U.S. District Court - Western District

A dispute between two companies over the use of the name “Cabinet Savers” will proceed to discovery after the court rejected the plaintiff’s early motion to win the suit. The plaintiff had argued that its claim was essentially undisputed, but ...

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