This week, the Fourth Circuit affirmed the United States Trademark Trial and Appeal Board’s (“TTAB”) and subsequent Eastern District of Virginia’s (“District Court”) summary judgment finding that “GRUYERE” could not be registered as a certification mark because the term had become generic. Specifically, “GRUYERE” is generic because the “relevant…
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.
Sticks and stones may break your bones, but don’t complain to the Court of Appeals for the Federal Circuit (“CAFC”) if a patentee calls you an infringer, claims you copied, or threatens to sue your customers. Holding speech restrictions granted in a preliminary injunction were an abuse of discretion,…
Be careful of showing your claimed inventions at tradeshows. On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc. (“Minerva”) had engaged in an invalidating public use more than one…
In a patent dispute between plaintiffs ChromaDex and Dartmouth College and defendant Elysium Health over spilled milk, the Federal Circuit affirmed the Delaware District Court’s grant of summary judgment in favor of the Elysium Health, based the subject matter of the asserted patent being patent-ineligible under 35 U.S.C. §…
On February 3, 2023, the Southern District of California found a patent infringement case exceptional under 35 U.S.C. § 285 and awarded the defendant, Cerner Corporation (“Cerner”), its attorney’s fees after the plaintiff, CliniComp International, Inc. (“CliniComp”), pursued ever-shifting infringement theories even after Cerner served it with an Octane Fitness letter. …
On January 27, 2023, a district court judge refused to grant a group of musicians class certifications in their copyright infringement efforts against their former record label, Universal Music Group (UMG). The district court found that the need for individualized proof in a work-made-for hire copyright case, such as…
The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed an Eastern District of Texas ruling that U.S. Patent No. 8,191,091 (“the ’091 patent”) is unenforceable due to prosecution laches. Personalized Media Communications, LLC (“PMC”) was found to have engaged in an unreasonable and unexplained delay in prosecuting…
On January 12, 2023, the Trademark Trial and Appeal Board (“TTAB”) redesignated a decision as precedential, in which it denied a trademark based on nonuse because the Applicant applied using the TEAS Plus application under the category of “musical instruments,” but sought to expand this identification category to “musical…
The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks. The Ninth Circuit held that the Racketeer Influenced and Corrupt Organization Act (RICO) did not provide the government with the power to strip a group of…
The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed and remanded the Western District of Wisconsin’s summary judgment holding of invalidity for 12 patents belonging to Plastipak Packaging, Inc. (“Plastipak”) in an infringement action it brought against Premium Waters, Inc. (“Premium Waters”). The CAFC based its decision…
The United States District Court for the Northern District of Illinois recently denied a renewed motion for a preliminary injunction seeking to prohibit sales of Defendants’ hoverboards that allegedly infringed Plaintiffs’ design patents (exemplary comparison pictured below): The renewed motion came after the Court had previously issued a preliminary…
On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim infringement dispute between an Australian patent owner (F45) and the U.S. subsidiary (BFT) of another foreign company (BFT Australia) where some steps were performed in Australia, and others by BFT’s…
In a case informative about appellate practice, the Court of Appeals for the Federal Circuit (“CAFC”) overturned-in-part the Patent Office’s conclusions that a communication system was not obvious. The CAFC found one claim obvious because a similar claim was found obvious, even though that argument had not been asserted…
On November 9, 2022, the Federal Circuit (CAFC) affirmed a preliminary injunction in favor of SoClean, Inc. (“SoClean”) against Sunset Healthcare Solutions, Inc. (“Sunset”). SoClean sued Sunset for trademark infringement of its registered mark for replacement filters. Although the district believed that SoClean was likely to prevail on the…
Following a nine-day jury trial, the district court granted the plaintiff’s request for a new trial on damages. The basis for the grant of a new trial on damages was the Federal Circuit’s (CAFC) decision in Omega Patents, LLC v. CalAmp Corp., 13 F.4th 1361 (Fed. Cir. 2021). The…
In a patent dispute between Allergan and Sandoz, the District Court of Colorado granted Plaintiff’s motion in limine excluding certain evidence the Defendant sought to rely upon to defend against the Plaintiff’s claim of willful infringement because reliance on that evidence would require waiver of attorney-client privilege when the…
On September 30, 2022, Chief Judge DeGuisti of Western District of Oklahoma granted-in-part and denied-in-part defendants Netflix, Inc. and Royal Goode Productions, LLC’s motion for attorney’s fees as prevailing parties in a copyright infringement suit. The court significantly reduced the awarded amount, finding that the amount sought by defendants…
In an unexpected decision, a jury in the Southern District of Illinois found that it was not fair use to reproduce the images of a WWE wrestler’s tattoos in a video game in order to accurately portray the wrestler’s likeness. The outcome of this case directly conflicts with Solid…
On September 29, 2022, a jury in the Central District of California found that that Vital Pharmaceuticals Inc. willfully and deliberately violated the Lanham Act by falsely advertising a “Super Creatine” ingredient of a Bang energy drink and awarded Monster Energy Co. about $292 million in Lanham Act damages,…
The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed in part, vacated in part, and remanded a Patent Trial and Appeal Board (“PTAB”) decision holding that all but two claims of a patent belonging to Provisur Technologies, Inc. (“Provisur”) were unpatentable as obvious. In doing so, the…