Plaintiff Bovinett brought suit against Defendant HomeAdvisor and other companies in August 2017 generally alleging improper use of Plaintiff’s image in HomeAdvisor advertising.[1] During the course of the litigation, HomeAdvisor filed several motions for sanctions, including requests for sanctions against Plaintiff’s Attorney. During the course of the litigation, Plaintiff’s…
Publications
Irwin IP Publications is the go-to resource for the latest updates and insights in the world of intellectual property. Over 250 articles are published on cases addressing unique issues, all of which can be found using the search tool below. Additionally, there is a collection of articles/papers and presentations that cover a wide range of topics. Whether you’re a legal professional, business owner, or simply someone passionate about IP, our publications page will provide you with all the knowledge needed to navigate this dynamic field.
In an opinion by Justice Kagan, the Supreme Court recently held that the Copyright Remedy Clarification Act of 1990 (“CRCA”) did not validly abrogate States’ sovereign immunity for copyright infringement.[1] The Supreme Court relied on its 1999 decision in Florida Prepaid;[2]which held that Congress could not use its powers…
On September 5, 2018, Heineken filed a complaint with the International Trade Commission against Anheuser-Busch alleging a violation of § 337 of the Tariff Act, in the importation into or sale in the United States of beverage dispensing systems and components that allegedly infringed claims 1–11 of Heineken U.S….
On March 9, 2020, the Court of Appeals for the Ninth Circuit, en banc, affirmed the district court’s judgment of noninfringement of copyright in favor of Led Zeppelin and, notably, joined the majority of circuits by overruling the “inverse ratio rule” for copyright infringement in its jurisdiction and further…
Cleantech Corp. (“CleanTech”), the owner of four patents directed to recovering oil from an ethanol plant’s byproduct, began filing infringement actions against numerous defendants around the country beginning in 2009. After the disparate actions were combined by the multidistrict litigation panel, the defendants moved for summary judgment on invalidity…
The Federal Circuit held that a server owned by Google, Inc. that was installed in a third-party contractor’s datacenter did not constitute a “regular and established place of business” under the patent venue statute, 28 U.S.C. § 1400(b) because none of Google’s employees did business at the site. In…
The Federal Circuit recently vacated an order granting summary judgment of non-infringement on the grounds that a settlement agreement executed shortly before the order mooted the case. The Federal Circuit concluded that continuing obligations of the parties, as set forth in the settlement agreement, did not preclude this result.[1]…
The Seventh Circuit held that internet sales of products with allegedly infringing branding from a national advertising company will establish personal jurisdiction in Illinois under the Illinois long-arm statute. In trademark infringement cases, unlike patent cases, even a seemingly small number of allegedly infringing sales can be sufficient to…
The Federal Circuit recently ruled the Patent Trial and Appeal Board (“the PTAB”) may not cancel claims for indefiniteness in an inter partes review (“IPR”) proceeding.[1] The Federal Circuit concluded while an IPR petition defines the scope of an IPR proceeding, the Board may not exceed its governing statutory…
After finding that a user manual was publicly accessible (and thus a printed publication), a panel of the Patent Trial and Appeal Board (“PTAB”) relied on a combination of the teachings in that user manual and the knowledge of a person of ordinary skill in the art (“POSA”) to…
On two issues of first impression, the Fifth Circuit held that mitigation was not an absolute defense to statutory damages under the Copyright Act, and not a complete defense to Digital Millennium Copyright Act (“DMCA”) statutory damages. Oil Daily is a newsletter published by Plaintiff EIG; it analyzes the…
A new proposed legislation relating to the patent laws has been submitted in the United States House of Representatives—the Inventor Rights Act of 2019. The proposed legislation concerns new rights and privileges that are limited to inventor-owned patents, or patents owned by entities controlled by their inventors. As part…
In what amounts to the next in a long line of cases addressing the subject, the Patent Trial and Appeal Board issued an opinion again confirming that membership in an organization committed to filing IPRs does not rise to the level of “real party in interest.” RPX Corporation (“RPX”)…
The Federal Circuit recently affirmed an award of attorney’s fees for a patent infringement defendant where, as part of its ‘exceptional case’ analysis under 35 U.S.C. § 285, the lower court considered not only the substantive strength of the plaintiff’s position, but also its business model and history of…
The Federal Circuit recently ruled that Fisher & Paykel Healthcare Limited (“Fisher”) lacked standing to appeal an inter partes review (“IPR”) decision that Fisher had instituted against ResMed Limited (“ResMed”), finding Fisher failed to satisfy its burden of asserting future plans which would create “a substantial risk of future…
In T.C. Heartland v. Kraft Foods Group Brands, LLC,[1] the United States Supreme Court clarified that only the patent venue statute, 28 U.S.C. § 1400(b), without interpretation of the general venue statute (28 U.S.C. § 1391(c)) controls venue for patent infringement actions, and concluded that a domestic corporation accused of patent…
Plaintiff Tapatio, known for its ubiquitous hot sauce bottles labeled with red arching font and a yellow-clothed Mexican horseman in a sombrero, sued the defendant for using the mark “Tiowaxy” in connection T.H.C.-infused hot sauce. The Tiowaxy bottle bears the same red arching font and imagery. Tapatio moved for…
Columbia Sportswear (“Columbia”) sued Seirus Innovative Accessories (“Seirus”) for infringement of both a utility and a design patent relating to a heat management element in cold-weather outerwear. The design patent was directed to a wave-pattern design weave. Seirus established that the utility patent was anticipated and obvious, a finding…