Irwin IP Case Of The Week

Unanswered Demand Letters and Intervening Rights

The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a decision focusing on the doctrine of equitable intervening rights.  Specifically, the CAFC affirmed that equitable intervening rights can apply even if a party has already recouped its investment in the infringing technology. John Bean Technologies Corporation (“John Bean”)

Fax Error: Connection Failed

The Court of Appeals for the Federal Circuit (“CAFC”) affirmed a final judgment ruling that Infinity’s four patents—involving using a fax machine as a printer or scanner for a personal computer—are invalid as indefinite because the patent applicant had asserted conflicting definitions of the claim term “passive link” during prosecution

Rubik’s Cube Design Not Functional

 A Magistrate Judge for the Southern District of New York recently issued a Report and Recommendation (“R&R”) concluding that the color pattern of a traditional Rubik’s cube was not functional and thus entitled to trademark protection.   Rubik’s Brand Limited (“RBL” or “Rubik’s”) sued Flambeau, Inc. (“Flambeau”) alleging infringement of RBL’s

Windy City’s Patent Could Not Weather The Alice Storm

Windy City Innovations, LLC (“Windy City”), assignee of U.S. Patent No. 8,458,245 (the “245 patent”) entitled “Real Time Communications System,” brought a patent infringement action against Facebook Inc. (“Facebook”) for alleged infringement of the ’245 patent.  Facebook filed for summary judgment on grounds that the ’245 patent was invalid under

Legitimate Product Review or Paid Product Promotion? Ninth Circuit Says Commercial Speech Plausibly Alleged

Ariix, a nutritional supplement company, brought action against NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements (the “Guide”), which NutriSearch expressly claims is an evidence-based comparison of nutritional supplements without any particular bias.  Not so said Ariix, NutriSearch’s Guide is merely a sophisticated marketing sham designed to

Two “Ands” Do Not Make An “Or”

The Court of Appeals for the Federal Circuit (“CAFC”) reversed a summary judgment ruling that uCloudlink infringed Plaintiff SIMO’s patent on cell phone virtual SIM technology, finding the Southern District of New York erred in construing the term “and” to mean “and/or” to make a claim cover a disclosed embodiment. 

Product Development Standing and Lessons on Teaching Away

The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed standing to challenge a competitor’s patent based on significant investment into and likely use of a potentially infringing product.  The CAFC also vacated a decision of the Patent Trial and Appeal Board (“the Board”), affirming that the standard for

Alice/Mayo and the Printed Matter Doctrine

The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a decision providing guidance for analyzing patent eligibility under 35 U.S.C. § 101 when a claim includes limitations directed to “printed matter.” C.R. Bard., and Bard Peripheral Vascular, Inc. (collectively, “Bard”), and AngioDynamics, Inc. (“AD”) are manufacturers of vascular

Copyright and Trademark Owner Obtains Biting Injunctive Relief

The Eastern District of Michigan granted a preliminary injunction against dental instrument supplier UL Amins Industries and Hammad Ashiq (“Defendants”) for allegedly selling counterfeit dental bur kits that infringe plaintiffs’, Versah LLC’s (“Versah”) and Huwais IP holding’s (“Huwais”), copyrights and trademarks.[1]  The court decided the Plaintiffs were able to demonstrate

The NDA Controls: Inventorship and Ownership Are Two Very Different Things

On December 7, 2020, Japanese-based Hamamatsu was ordered by the Court of Appeals for the Federal Circuit (“CAFC”) to transfer ownership of their U.S. and foreign patents to Harvard University-backed SiOnyx. In light of the terms of the parties’ nondisclosure agreement (NDA), the Federal Circuit held that the lower court

Where’s ANDA?: A New Frontier for Hatch-Waxman Litigation

Changing the future of Hatch-Waxman litigation, the Federal Circuit held as a matter of first impression that for purposes of venue under Hatch-Waxman Act claims, acts of infringement occur where actions related to the Abbreviated New Drug Application (ANDA) submission occur. Thus, a plaintiff has only two options to file