Knobbe/Martens: Intellectual Property Law

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Court Doubles Damages Award Against Briggs and Stratton for Willful Infringement

April 19, 2019 Brian Horne

A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles.  

VERSATOP SUPPORT SYSTEMS v. GEORGIA EXPO, INC.

Before Newman, Linn, and Dyk.  Appeal from the United States District Court for the District of Oregon.

Summary: The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not limit the scope of the “uses” that may constitute trademark infringement.

 

TRADING TECHNOLOGIES INT'L, INC. V. IBG LLC

Before Moore, Mayer, and Linn.  Appeal from the Patent and Trial Appeal Board.

Summary: A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons onto displayed item prices is not patent eligible subject matter.

E.I. DU PONT DE NEMOURS & COMPANY V. UNIFRAX I LLC

April 18, 2019 Lindsay Laddaran and Andrea Cheek

Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware.

Summary:  A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence for the purpose of claim construction with respect to statements in the parent specification involving common subject matter with the claim terms at issue.

Legislators Propose “Section 101 Reform”

Yesterday Democrat and Republican legislators from both the Senate and the House of Representatives released a one page outline of a proposal to change the law of patent eligibility.  The legislators supporting this proposal include Senator Thom Tillis (R-NC); Senator Chris Coons (D-DE); Rep. Doug Collins (R-GA-9); Rep. Hank Johnson (D-GA-4); and Rep. Steve Stivers (R-OH-15).

LG Willfully Infringed Patent Covering “Plug & Play” Standard in Televisions

April 17, 2019 Mark Kachner

A New Jersey jury awarded Mondis $45 million in patent damages, based on LG’s sales of infringing televisions that support the “Plug & Play” standard.  

ATI TECHNOLOGIES ULC v. IANCU

April 12, 2019 Sean S. Kim and Christie Matthaei

Before Newman, O’Malley, and Wallach.  Appeal from the Patent Trial and Appeal Board.

Summary: Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on improvements and evaluates alternatives while developing an invention. 

 

IN RE: SINY CORP.

Before Prost, Lourie and Stoll.  Appeal from the Trademark Trial and Appeal Board.

Summary: In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may look for information on the webpage essential to purchasing decisions such as price for the goods, minimum quantities one may order, accepted methods of payment, and shipping information.  If the webpage simply provides a phone number or email address to contact for sales information, this is likely not enough to show the specimen is a point-of-sale display and thus an acceptable specimen of use. 

 

OMEGA PATENTS, LLC v. CALAMP CORP.

April 9, 2019 Aaron S. Johnson and Adam Powell

Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida.

Summary: Asserting the district court’s claim construction prevented consideration of additional prior art, without identifying the specific prior art, fails to meet the requirements of FRCP 46.

 

Florida Judge Enters Permanent Injunction After Patent Infringement Finding

April 5, 2019 Mark Kachner

A Florida judge recently entered a permanent injunction against a handful of Florida businesses and their owner, barring them from further infringing a patent covering biometric security for automobiles.  

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