Irwin IP Case Of The Week

A [Still] Splintered Opinion at the Corner of Joinder and State Immunity

Despite the splintered, three-opinion decision issued by a Federal Circuit panel in July,[1] the Federal Circuit, on October 20, denied Baylor College of Medicine’s petition for rehearing, either by the panel or en banc.  In the original decision, the Federal Circuit held that due to Eleventh Amendment sovereign immunity, the

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Gorilla Glue Back in a Sticky Trade Dress Situation

On October 20, 2020, the Eleventh Circuit resuscitated J-B Weld’s (“J-B”) action for trade dress infringement and trade dress dilution against Gorilla Glue (“Gorilla”) by reversing the lower court’s grant of Gorilla Glue’s motion for summary judgment.  The Court found that the lower court failed to discuss all of the

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Celebrity Photos, Social Media, Standing, and a Strip Club

State and federal claims brought by various models for unauthorized use of their images in advertisements by a strip club received mixed results on cross motions for summary judgment in the District of Arizona.  Plaintiffs prevailed on their state law misappropriation claim, but their state law false light claims were

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Patent Rocket Docket: Let’s move things along

Since Judge Alan Albright took the bench in the Western District of Texas in 2018, the former patent litigator’s extensive experience, as well as the rise of Austin as a tech hub, has driven patent infringement filings to that District, with 618 new patent infringement filings this year through September

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The Internet Short-Circuits the Narrative

On September 1, 2020, the Northern District of Illinois held microphone manufacturer Shure in contempt for selling a beam-forming microphone that was no more than colorably different than the prior Shure product preliminarily enjoined for patent infringement in 2019.  Shure argued that its redesign was non-infringing.  But ClearOne relied on

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Seeking to Re-Add Inventor After Request to Remove Justified

The Federal Circuit vacated the decision of a district court declaring a patent invalid for failure to name all inventors. The Court held the patentee’s former request to remove the inventor and subsequent attempt to add that inventor back to the patent were justified and did not trigger judicial estoppel. 

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An agreement to agree doth not a contract make

Although Phytelligence. Inc. (“Phytell”) and Washington State University (“WSU”) entered into a Propagation Agreement (“the Agreement”) for Phytell to grow WSU’s patented “WA 38” apple trees for research, the Court of Appeals for the Federal Circuit affirmed that the Agreement lacked the language and context permitting Phytell to option commercialization

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