Bloomberg Law

Trade Agency ‘Patent Troll’ Bill Seen as Harmful for IP Owners

A bipartisan bill to prevent what sponsors call “abuse” of a US trade agency by patent-licensing entities has the potential to prevent other US entities from enforcing their intellectual property, some attorneys warned.

‘Trump Too Small’ Trademark Fight Gets US Supreme Court Review

The US Supreme Court agreed to take up a free speech showdown over a man trying to get federal trademark protection for the phrase “Trump too small.”

Impossible Foods Fends Off Improper Snooping Claims in IP Fight

Impossible Foods Inc. overcame claims it violated ethics rules when it directed undercover private investigators to obtain samples of a rival’s products during patent infringement litigation.

Split Fourth Circuit Lifts ‘GT Racing’ Ad Block for Gaming Chair

Gaming chair company Wudi Industrial (Shanghai) Co. Ltd. convinced a divided Fourth Circuit to reverse a district court order preventing the company from purchasing Google ad-words for the trademark “GT Racing” in European countries.

Newman Again Denied New Cases Amid Judicial Fitness Probe

95-year-old Judge Pauline Newman cannot hear new cases until a probe into her fitness to remain on the bench is resolved, the Federal Circuit’s Judicial Council reiterated Monday.

PRACTITIONER INSIGHTS

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Lisa De Simone
McCombs School of Business
Michael Broyde
Emory University School of Law

Latest Stories

CNN Faces Copyright Suit Over Use of Variety Show Theme Song

Two successors to the creator of the “Texaco Star Theatre” theme song filed suit against Cable News Network Inc. for copyright infringement, alleging the network included an excerpt of the song during a broadcast special, without a license.

Disney-DeSantis Feud Recusal a Possible Reply to Supreme Court

Attorneys and legal scholars say it’s understandable why Judge Mark Walker erred on the side of caution and stepped down from litigation between Walt Disney Parks and Resorts US Inc. and Florida Gov. Ron DeSantis. Some say his order could even be read as a direct response to ethical issues dogging the US Supreme Court.

Prince, Andy Warhol, and Fair Use at the Supreme Court

Did Andy Warhol violate copyright law when he used a photo of Prince as source material? We explore the case, and the key consideration of "transformative use" in this video.

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FTC Consumer Refunds Fall Again in 2022 to $393 Million

Consumer refunds from the Federal Trade Commission’s enforcement actions against scams fell in 2022 to $393 million, marking another year of decline after a Supreme Court ruling that curtailed the agency’s ability to seek relief.

Disney-DeSantis Feud Recusal a Possible Reply to Supreme Court

Attorneys and legal scholars say it’s understandable why Judge Mark Walker erred on the side of caution and stepped down from litigation between Walt Disney Parks and Resorts US Inc. and Florida Gov. Ron DeSantis. Some say his order could even be read as a direct response to ethical issues dogging the US Supreme Court.

DeSantis Takes Swing at Big Tech in New Florida Privacy Law (1)

Florida became the latest state to enact a law giving consumers more control over how their data is collected and sold by tech giants like Amazon.com Inc. and Alphabet Inc.'s Google, with the signing of a measure Tuesday that goes beyond just regulating platforms’ privacy protections.

The Ugly Fight Over A Federal Judge's Retirement

IN BRIEF

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Case: Copyrights & Trademarks/Counterclaims (E.D. Pa.)

The court granted Brand Design Co.'s motion to dismiss Rite Aid Corp., Sway Creative Labs LLC, GA Communications Inc., and Burns Group NYC LLC’s counterclaims in this action for breach of contract, unjust enrichment, and false designation of origin. Brand Design Co. v. Rite Aid Corp., 2023 BL 190705, E.D. Pa., 22-1174, 6/5/23

Case: Patents/Sanctions (D. Del.)

The court denied Motif Foodworks Inc.'s motion for sanctions in Impossible Foods Inc.'s action for infringement of patents for plant-based food products, resulting from Impossible’s attorneys directing private investigators to obtain product samples. Impossible Foods Inc. v. Motif Foodworks Inc., 2023 BL 189110, D. Del., 22-311-WCB, 5/31/23

Case: Patents/Venue (W.D. Tex.)

The court adopted a U.S. magistrate judge’s recommendation to grant Tesla Inc.'s motion to transfer Arsus LLC’s action for infringement of its patent for a rollover prevent apparatus to a federal district court in California.
Arsus LLC v. Tesla Inc., 2023 BL 189043, W.D. Tex., 6:22-CV-00276-ADA-DTG, 6/2/23

Case: Patents/Obviousness (Fed. Cir.)

The court affirmed decisions of the PTAB that claims of Teleflex Innovation S.à.r.l’s patents for coaxial guide catheters for interventional cardiology procedures aren’t obvious over prior art, in inter partes reviews by Medtronic Inc. and Medtronic Vascular Inc. Medtronic Inc. v. Teleflex Innovations S.A.R.L., 2023 BL 190331, Fed. Cir., 2021-2359, 6/5/23

Case: Patents/Obviousness (Fed. Cir.)

The court affirmed decisions of the PTAB that Medtronic Inc. and Medtronic Vascular Inc. failed to establish that claims of Teleflex Innovation S.à.r.l’s patents for coaxial guide catheter for interventional cardiology procedures are obvious over prior art. Medtronic Inc. v. Teleflex Innovations S.A.R.L., 2023 BL 190339, Fed. Cir., 2021-2357, 6/5/23

Case: Trademarks/Likelihood of Confusion (S.D. Fla.)

The court denied Guantanamera Cigars Co. relief in its trademark infringement and false designation of origin action against SMCI Holding Inc., relating to the “Duo” mark, because the majority of the likelihood of confusion factors favor SMCI. Guantanamera Cigars Co. v. SMCI Holding Inc., 2023 BL 189600, S.D. Fla., 21-cv-21714-GOODMAN, 6/2/23

Case: Trade Secrets/TRO (W.D. Wash.)

The court denied Silver Fern Chemical Inc.'s motion for a temporary restraining order in its trade secrets misappropriation and breach of contract action against Ambyth Chemical Company and several former employees. Silver Fern Chem. Inc. v. Lyons, 2023 BL 189190, W.D. Wash., 2:23-cv-00775-TL, 6/2/23

Case: Copyrights/Procedure (E.D.N.Y.)

The court denied in part and granted in part an individual’s action for declaratory relief alleging co-authorship and copyright infringement against the daughters of the individual with whom he claims he co-wrote the song “Return Again.” Kahn v. Carlebach, 2023 BL 189046, E.D.N.Y., 19-CV-3855 (AMD) (JRC), 6/2/23

Case: Patents/Claim Construction (W.D. Tex.)

The court construed disputed claims in Demaray LLC’s actions against Intel Corp., Samsung Electronics Co. Ltd., Samsung Electronics America Inc., Samsung Semiconductor Inc., and Samsung Austin Semiconductor LLC for infringement of patents that purport to improve physical vapor deposition. Demaray LLC v. Intel Corp., 2023 BL 187152, W.D. Tex., W-20-CV-00634-ADA, 5/31/23

Case: Trademarks/Jurisdiction (E.D. Tenn.)

The court granted OneMB LLC and Red Mountain Media Group LLC’s motion to dismiss for lack of personal jurisdiction AMB Media LLC’s action for trademark infringement, unfair competition, false designation of origin, and violation of violation of Tennessee’s Consumer Protection Act. AMB Media LLC v. OneMB LLC, 2023 BL 187629, E.D. Tenn., 1:22-CV-00210-DCLC-SKL, 6/1/23