In 2014, Toyo Tire Corporation (“Toyo”) brought a trade dress infringement lawsuit against Atturo Tire Corporation (“Atturo”). Atturo alleged seven counterclaims based on actions Toyo took in an investigation brought before the United States International Trade Commission (“ITC”). Specifically, those counterclaims stemmed from allegedly defamatory statements made during settlement…
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.
On April 29, 2022, the CAFC vacated an inter partes review decision, where the Patent Trial and Appeal Board refused to invalidate Intuitive Surgical Operation, Inc. (“Intuitive”)’s patent, related to instrument swapping in robotic surgery systems, as obvious. The Board determined that Auris Health Inc. (Auris)’s asserted prior art…
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….
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,…
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 Larian’s trade dress…
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…
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 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”),…
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,…
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…
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…
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…
On February 11, 2022, the Western District of Texas considered the venue implications of Covid-19 remote work policies. The Court held that while Covid-19 did not change venue law, a company’s temporary lack of a physical office during Covid-19 caused the Court to have improper venue. The Court accordingly…
On February 14, 2022, the Southern District Court of New York ruled that “Say Yes To The Dress” designer Hayley Paige Gutman (“Gutman”) was required to split certain social media accounts with fashion company and former employer, JLM Couture, Inc. (“JLM”). The Court ordered JLM to return the TikTok…
Recently, the Court of Appeals for the Federal Circuit (“CAFC”) found that sending a quote to a potential customer was enough to invalidate a patent under the on-sale bar. Plaintiff and patent owner, Larry G. Junker sued Defendant Medical Components, Inc. (“MedComp”) in the Eastern District of Pennsylvania alleging…
The instant case highlights a disagreement between the Federal Circuit Judges Newman and Dyk regarding whether deference should be applied to an examiner’s amendment entered in order to overcome an indefiniteness rejection under 35 U.S.C. § 112(b). Judge Newman, writing for the majority, found that deference should be applied…
The Federal Circuit recently affirmed the District Court for the Central District of California’s decision to issue a preliminary injunction on Masimo’s trade secret claims, finding that the district court did not err in determining that (1) Masimo was likely to establish that TSS was a trade secret, and…
The Trademark Trial and Appeal Board (TTAB) issued the first precedential opinion of 2022 refusing registration of POTIFY and POTIFY (design) based on dilution by blurring of the mark SPOTIFY. The TTAB did not reach the alternate grounds of likelihood of confusion or dilution by tarnishment. Applicant sought registration…
On January 3, 2022, the Court of Appeals of the Federal Circuit (“CAFC”) affirmed a Delaware ruling finding that a patent on a multibillion-dollar multiple sclerosis drug was not invalid and did have an adequate written description as to no-loading-dose and 0.5 mg daily dosage limitations despite the fact…
The Federal Circuit (“CAFC”) continues to define when a party has standing to appeal the final written decision of an inter partes review (“IPR”) proceeding from the Patent Trial and Appeal Board (“PTAB”). On December 28, 2021, the CAFC ruled in a pair of precedential decisions (Nos. 2020-1664 and…