Knobbe/Martens: Intellectual Property Law

Victoria E. Ellis

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

July 31, 2019 Victoria E. Ellis and Andrea Cheek

CELGENE CORPORATION v. PETER

Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board.

Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.

 

Federal Circuit Appeal Dismissed Where Party Appealing PTAB Decision Lacked Article III Standing

AVX CORPORATION V. PRESIDIO COMPONENTS, INC.

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

Summary: Appellants from an IPR decision to the Federal Circuit must have concrete claims of current or non-speculative interest in practicing the claims under the patent at issue in order to have standing to appeal.

 

Divide and Conquer: How Louis Vuitton's Brand Protection Strategy Might Increase the Opportunities for Brand Owners to Combat Infringement

January 16, 2019 Victoria E. Ellis and Peter Law

On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”). Louis Vuitton alleges trademark counterfeiting, trademark infringement, false designation of origin, and trademark dilution. Louis Vuitton asserts that the defendants are willfully and intentionally infringing on several of their marks within Class 25, by selling products made of inferior materials and having poor construction, at prices well below those of authentic Louis Vuitton products. In the complaint, Louis Vuitton also claims to have invested “millions of dollars and decades of time and effort” so that consumers will recognize Louis Vuitton marks throughout the world and associate the marks with high quality, luxury goods. 

Beyoncé vs. Feyoncé: Am I Totally Diluted, or Should I Put a Ring on It?

October 26, 2018

In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods with the mark FEYONCÉ and certain phrases from Beyoncé’s songs. In the complaint, Beyoncé asserted trademark infringement and dilution, unfair competition, and unjust enrichment, and she sought a permanent injunction against Feyonce, Inc.’s further use of the allegedly infringing mark. In November 2017, Beyoncé filed a Partial Motion for Summary Judgment and entry of a permanent injunction against Feyonce, Inc. Her motion was denied by Judge Alison Nathan in October 2018.

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