On Thursday, May 21, 2020, the Southern District Court of California dismissed all claims brought by Hylete, Inc. against WHIPgroup clients Rob Orlando and Hybrid Athletics because, according to the Court, all Hylete’s claims were time-barred. Hylete’s dismissed lawsuit was brought in response to Hybrid Athletics’ pending lawsuit against Hylete and its founders for willful trademark infringement and unfair competition. In addition to a motion to dismiss, Hybrid Athletics and Orlando brought a motion to strike Hylete’s complaint for being nothing more than an impermissible Strategic Lawsuit Against Public Participation (SLAPP Lawsuit). Hybrid Athletics and Orlando argued that Hylete brought its now-dismissed claims to suppress Hybrid Athletics’ rightful utilization of the court system to resolve its lawsuit against Hylete. The Court determined there was no need to rule on Hybrid Athletics’ and Orlando’s anti-SLAPP motion to strike because the case could be dismissed on other grounds. The Court dismissed Hylete’s claims without prejudice and provided Hylete 30 days to seek leave to amend its complaint, at which time Hybrid Athletics and Orlando may re-assert their anti-SLAPP arguments in support of dismissal with prejudice.
Earlier this month WHIPgroup asked the Supreme Court to take up the important issue of whether a court can overlook factual allegations in a patentee’s infringement complaint at the pleading stage and find that the [Read More…]
WHIPgroup Successfully obtained patent allowance with an Appeal Brief. The invention is directed to an agitator ball mill, and has cams with specific ratios that improve mixing, cooling, and durability. The Patent Office rejected all [Read More…]
WHIPgroup successfully argued two applications before the Patent Trial and Appeal Board (PTAB) and obtained favorable decisions reversing written description and obviousness rejections. Both applications relate to a novel firearm cartridge that is designed to [Read More…]