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Irwin IP Case Of The Week

Inequitable Conduct: Solid Factual Basis Required to Satisfy Rule 9(b)

In a design patent infringement dispute between California Costume Collections, Inc. (“CCC”) and Pandaloon, LLC (“Pandaloon”), Judge Holcomb of Central District of California granted Pandaloon’s motion to dismiss CCC’s claim that U.S. Design Patent No. D806,325 (“the ’325 patent”) for a “Pet Costume” was unenforceable due to inequitable conduct.  In

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District Court Split on Pleading Standards to be Resolved?

The United States District Court for the Northern District of California (“the Court”) recently granted Google’s motion to dismiss Sonos’ claims for willful and indirect infringement for insufficient pleading. In doing so, the Court made the unusual move of sua sponte certifying its decision for interlocutory review. Regarding willful and

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Section 337 Technical Domestic Industry: Actual Article

The instant appeal stems from a dispute between Complainant Broadcom Corporation (“Broadcom”) and Respondents Renesas Electronics Corporation and Renesas Electronics America, Inc., among other respondents, in a 19 U.S.C. § 1337 (“Section 337”) Investigation at the International Trade Commission (“the Commission”) involving U.S. Patent No. 7,437,583 (“the ‘583 patent”), among

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Chord Progression Katy Perry Found to Have Copied Deemed Uncopyrightable

On March 10, 2022, the Ninth Circuit (“the court”) held that the similarities between the ostinatos (the repeating musical phrases) of the songs “Joyful Noise” from Christian hip-hop artists Marcus Gray, Emanuel Lamber, and Chike Ojukwu (collectively “Gray”) and “Dark Horse” by Katheryn Hudson (“Katy Perry”) were not protectible under

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Lack of Knowledge May Excuse Inaccuracy in Copyright Registration

Recently, the Supreme Court held that “[l]ack of knowledge of either fact or law can excuse an inaccuracy in a copyright registration,” as “§411(b) [of the Copyright Act] does not distinguish between a mistake of law and a mistake of fact.” Fabric designer Unicolors sued retailer H&M for copyright infringement

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