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
While a website owner may not want competitors scraping information from their system, it may not be a violation of the Computer Fraud and Abuse Act (“CFAA”) unless the website owner has “gates-up.” The Ninth Circuit recently upheld a preliminary injunction preventing LinkedIn Corp (“LinkedIn”) from denying hiQ Labs, Inc.
In a decision designated precedential on March 29, the USPTO refused to grant Jasmin Larian trade dress protection for her popular handbag design because the design was generic and nondistinctive. But, the USPTO granted somebody else a design patent claiming that same bag design on an application filed months after
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
In a trademark infringement dispute between Bluetooth and Fiat Chrysler Automobiles (“FCA”), the Ninth Circuit vacated the District Court for the Western District of Washington’s order granting partial summary judgment that the first sale doctrine did not apply to the Bluetooth’s trademark claims. Instead, the Ninth Circuit found that the
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
Holding all claims related to homemade bread failed as a matter of law, the 10th Circuit upheld summary judgment of no trade dress infringement and reversed verdicts for misappropriation and false advertising. Grandma Sycamore’s Home-Made Bread started tantalizing taste buds in Utah in 1979. Leland Sycamore created the recipe, transferred
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
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
The instant case shows how a district court applied the “customer-suit exception” in a patent infringement suit. Normally, courts give priority to a prior-filed action over a later-filed action. This is commonly known as the “first-filed rule.” However, in the context of patent litigation, the “customer-suit exception” provides an exception
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