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Summary Judgment Proceedings Continue Between Bruce Kirby And LaserPerformance And Quarter Moon; Global Sailing Limited Files New Lawsuit

July, 17th, 2017

On July 12 Bruce Kirby Inc. and LaserPerformance and Quarter Moon filed supplemental summary judgment briefs on Bruce Kirby’s trademark infringement claims regarding Defendants’ unauthorized use of the BRUCE KIRBY trademark on Kirby Sailboats. That [Read More…]

Supreme Court Rules Disparagement Refusals Unconstitutional—Will Scandalous Refusals Be Next?

July, 14th, 2017

By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

WHIPgroup Obtains Default of Foreign Defendant Served Through Hague Convention

July, 7th, 2017

WHIPgroup successfully obtained an entry of default on a Chinese corporation, Pühler (Guangzhou) Machinery and Equipment Co., Ltd., after serving the defendant at its German address under the Hague Convention. WHIPgroup client Netzsch Premier Technologies, [Read More…]

Shaw-shank Relitigation: District Courts Chiseling Away at Estoppel Provisions

June, 27th, 2017

By Robert D. Keeler Congress established inter partes review (“IPR”) as a less expensive, more efficient method of challenging the validity of a patent. Indeed, Congress explained that the IPR is a “complete[] substitute for [Read More…]

WHIPgroup Files New Trademark Infringement Lawsuit

June, 23rd, 2017

WHIPgroup has filed a trademark infringement lawsuit on behalf of its client Vineyard Vines in the District of Connecticut, Case No. 3:17-cv-1033 (D.Conn.) (filed June 22, 2017). Vineyard Vines is a well-known American clothing and [Read More…]

Process for Remote Patient Monitoring Is Patent Eligible

June, 21st, 2017

By Andrew P. Siuta In Cardionet, LLC, v. Infobionic, Inc. the District Court of Massachusetts held that a claim for optimizing the transmission of patient data constituted patent eligible subject matter. The patent disclosed and [Read More…]

Can’t Avoid Infringement Liability For Overseas Deliveries Merely By Off-Shoring Manufacturing

June, 13th, 2017

By Wesley W. Whitmyer, Jr. In denying a motion for partial summary judgment that no reasonable jury could find “sales within the United States” based on Defendant’s products that are “ordered, manufactured, shipped, billed, and [Read More…]

TC Heartland LLC v. Kraft Foods Group Brands LLC

May, 23rd, 2017

On May 22, the Supreme Court held that defendants in patent litigation can only be sued in districts where they are incorporated or have a principal place of business. The decision, TC Heartland LLC v. [Read More…]

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