Justia Intellectual Property Opinion Summaries

Enviro Tech Chemical Services, Inc. held a patent covering methods for treating poultry during processing, specifically by using peracetic acid to increase the weight of the poultry. The method involved several steps, including adjusting the pH of peracetic acid-containing water to a range described as “about 7.6 to about 10” by adding an alkaline source. Enviro Tech alleged that Safe Foods Corp. infringed upon various claims of this patent.The United States District Court for the Eastern District of Arkansas reviewed the case and conducted claim construction. Safe Foods argued that the terms “about” and “an antimicrobial amount” in the patent were indefinite. The district court agreed, finding both terms indefinite and holding the asserted claims invalid. The court entered judgment accordingly.On appeal, the United States Court of Appeals for the Federal Circuit examined whether the district court was correct in finding the term “about,” as used to define the pH range, indefinite. The Federal Circuit analyzed the claim language, the patent’s specification, and the prosecution history. The court found that the intrinsic record did not provide reasonable certainty to those skilled in the art about the scope of “about,” especially since the specification and prosecution history showed inconsistent and conflicting guidance regarding permissible pH deviations. Because the term “about” was indefinite, the Federal Circuit concluded that all asserted claims were invalid. The court therefore affirmed the judgment of invalidity entered by the district court. View "ENVIRO TECH CHEMICAL SERVICES, INC. v. SAFE FOODS CORP. " on Justia Law

Adidas America, Inc. brought a lawsuit against Thom Browne, Inc., alleging trademark infringement, trademark dilution, and unfair competition, based on Thom Browne’s use of certain stripe motifs on its apparel. Adidas’s claims focused on Thom Browne’s Four-Bar Signature and Grosgrain designs, which adidas argued infringed on its well-known Three-Stripe Mark, particularly in a new line of activewear. At trial, the jury heard extensive evidence, including testimony from sixteen witnesses and more than four hundred exhibits, and ultimately found Thom Browne not liable on all counts.Subsequently, during related litigation in the United Kingdom, adidas discovered that Thom Browne had failed to disclose several relevant emails during discovery in the U.S. action. These emails contained internal discussions among Thom Browne employees acknowledging the potential for confusion between Thom Browne’s stripe designs and adidas’s mark. Adidas moved in the United States District Court for the Southern District of New York for relief from the final judgment under Federal Rules of Civil Procedure 60(b)(2) (newly discovered evidence) and 60(b)(3) (misconduct), arguing that the emails warranted a new trial. The district court denied the motion, finding that the emails probably would not have changed the verdict and that Thom Browne’s discovery violation was, at most, negligent rather than intentional misconduct.On appeal, the United States Court of Appeals for the Second Circuit affirmed the district court’s order. The Second Circuit held that adidas failed to demonstrate that the newly discovered emails probably would have altered the outcome at trial, as required under Rule 60(b)(2). The court further held that “misconduct” under Rule 60(b)(3) does not include merely negligent discovery violations; only intentional or reckless conduct could justify such relief. Therefore, adidas was not entitled to a new trial. View "Adidas America, Inc. v. Thom Browne, Inc." on Justia Law

A corporation owns a patent concerning systems and methods for providing access to shipment information using sensors, which can be attached to items for tracking and reporting data to a central location. The patent allows for customization and control over notifications about shipments, including limiting access to sensor information based on certain rules. Some claims of the patent specify restricting access by delaying when information is reported.Litigation began when the corporation sued another company for infringing this patent in the United States District Court for the District of Delaware. While the litigation was pending, a third party, who was not a defendant in the district court case, filed petitions with the Patent Trial and Appeal Board (PTAB) challenging some claims of the patent as obvious. The patent owner argued that the PTAB should not consider the petitions because the third party failed to identify all real parties in interest, specifically the company being sued, as required by statute. The PTAB disagreed, instituted review, and later denied a motion to terminate the proceedings for failure to name all real parties in interest. The PTAB issued a final written decision finding all challenged claims unpatentable as obvious.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that it lacked authority to review the PTAB’s refusal to determine whether all real parties in interest were named and its denial of the motion to terminate the proceedings, because such issues are barred from judicial review by statute. However, the appellate court found that the PTAB had erred in concluding that the patent owner had not contested one ground of obviousness and vacated the PTAB’s findings of obviousness for certain claims, remanding those issues for further proceedings. View "FEDERAL EXPRESS CORPORATION v. QUALCOMM INCORPORATED " on Justia Law

Constellation Designs, LLC sued several branches of LG Electronics, alleging willful infringement of nine claims across four patents related to digital communication systems using non-uniform constellations optimized for greater capacity at a lower signal-to-noise ratio. The accused products were LG televisions compatible with the ATSC 3.0 broadcast standard, which includes specific protocols for signal transmission. The patents at issue fall into two groups: claims reciting a process for optimizing constellations for capacity using parallel decode (PD) capacity, and claims reciting specific non-uniform constellations.The United States District Court for the Eastern District of Texas granted summary judgment that all asserted claims were patent eligible under 35 U.S.C. § 101. Following a jury trial, the jury found all asserted claims not invalid, found infringement, and awarded damages to Constellation, finding willful infringement. Post-trial motions by LG for judgment as a matter of law (JMOL) of non-infringement and no damages, and to exclude Constellation’s damages expert, were denied. The district court entered final judgment in favor of Constellation, including an ongoing royalty.On appeal, the United States Court of Appeals for the Federal Circuit vacated the summary judgment of eligibility for the claims that recite optimization for PD capacity, finding them ineligible as they are directed to the abstract idea of “optimizing” a constellation for capacity without sufficient limiting detail. The court affirmed summary judgment of eligibility for the claims reciting specific non-uniform constellations, finding these claims recite concrete technological improvements rather than abstract ideas. The Federal Circuit also affirmed the district court’s denial of JMOL of non-infringement and no damages, as well as its denial of LG’s motion to exclude the damages expert. The case was remanded for further proceedings consistent with these rulings. View "CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS INC. " on Justia Law

A professional videographer recorded a video in 2015 showing Michael Jordan breaking up a fight. Years later, a hip-hop news website operated by a media company republished the entire video, embedding it from a social media post, and used a screenshot from the video as the background of the article’s headline. The same website also published two articles embedding a separate interview video that the videographer had recorded with rapper Melle Mel, which had been posted on YouTube. Both articles included screenshots from the interview as part of their headlines.The videographer sued the media company for copyright infringement in the United States District Court for the Southern District of New York. The district court granted judgment on the pleadings for the defendant, finding that the use of the Jordan Video was fair use, the screenshots were de minimis and not actionable, and the embedding of the Melle Mel Video was permitted under YouTube’s Terms of Service.On appeal, the United States Court of Appeals for the Second Circuit reviewed the district court’s decision de novo. The appellate court found that the district court erred in determining, at the pleading stage, that the media company’s use of the entire Jordan Video was fair use, since it could substitute for the original and potentially harm the market for the video. The appellate court also found that the screenshots’ use was not de minimis because they were clearly recognizable and prominently displayed. However, the appellate court agreed with the district court that embedding the Melle Mel Video from YouTube was permitted by the license granted under YouTube’s Terms of Service.The Second Circuit vacated the district court’s judgment as to the Jordan Video and both sets of screenshots, affirmed as to the Melle Mel Video, and remanded for further proceedings. View "Richardson v. Townsquare Media, Inc." on Justia Law

This case involves a dispute over the rights to the name, image, and trademarks associated with the late artist Frida Kahlo. Two Panamanian corporations with principal places of business in Florida, Frida Kahlo Corporation and Frida Kahlo Investments, manage and license numerous Frida Kahlo trademarks. Mara Cristina Teresa Romeo Pinedo, Frida Kahlo’s grandniece and a resident of Mexico, is an owner and former officer of Familia Kahlo S.A. de C.V., a Mexican company. The parties’ relationship became contentious, leading to litigation in several countries over the intellectual property rights. Plaintiffs alleged that, beginning in 2017 and specifically targeting Florida in 2021 and 2022, the defendants sent cease-and-desist letters to plaintiffs’ business partners in Florida, threatening legal action based on what plaintiffs contend were false claims to trademark ownership. Plaintiffs claimed these actions constituted tortious interference under Florida law and the Lanham Act.The United States District Court for the Southern District of Florida dismissed the lawsuit for lack of personal jurisdiction. The court found that Florida’s long-arm statute was satisfied for Familia Kahlo, but the corporate shield doctrine protected Pinedo because she was not acting in her personal capacity. The court further concluded that the minimum contacts required by due process were not established for either defendant, as sending cease-and-desist letters alone was insufficient.On appeal, the United States Court of Appeals for the Eleventh Circuit reversed the district court’s decision. The Eleventh Circuit held that the corporate shield doctrine did not apply to Pinedo because the cease-and-desist letters were sent on her behalf in her personal capacity. The court also held that due process permitted the exercise of personal jurisdiction over both defendants, as the “effects test” was satisfied and a tortious cease-and-desist letter can meet the minimum contacts requirement. The case was remanded for further proceedings. View "Frida Kahlo Corporation v. Pinedo" on Justia Law

A group of plaintiffs, including a medical device company and its founder, developed and sold a cosmetic penile implant. In 2018, a urologist who later became one of the defendants attended a training session hosted by the plaintiffs, where he signed a non-disclosure agreement and was introduced to certain ideas for improving the implant as well as a list of required surgical instruments. Plaintiffs claimed that these ideas and the instrument list were trade secrets. Soon after, the defendants began developing a competing implant, filed patent applications based on allegedly misappropriated information, and advertised using plaintiffs’ trademark.The United States District Court for the Central District of California heard the case, which included claims for trade secret misappropriation, breach of contract under the nondisclosure agreement, trademark counterfeiting, and incorrect inventorship of two patents. The jury found for the plaintiffs on all major claims, including that the asserted trade secrets were protectable and misappropriated, and that there had been a breach of contract. The court awarded substantial damages, including a reasonable royalty, exemplary damages, and a permanent injunction preventing the defendants from using the trade secrets. The court also found for plaintiffs on their counterfeiting claim and invalidated the two patents for failure to name an alleged true inventor.On appeal, the United States Court of Appeals for the Federal Circuit held there was not legally sufficient evidence to support the jury’s finding that the asserted information qualified as trade secrets under California law, as the core concepts were either generally known or not subject to reasonable secrecy efforts. The court reversed the denial of judgment as a matter of law on the trade secret and breach-of-contract claims, vacated the damages and injunction based on them, and reversed the invalidation of the patents. However, the court affirmed the verdict and damages for trademark counterfeiting. The result was an affirmance in part, reversal in part, and vacatur in part. View "INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL " on Justia Law

The dispute arose when two pharmaceutical companies, one holding patents on methods of using humanized anti-CGRP antagonist antibodies to treat headaches, accused a competitor of infringing these patents through the marketing of a competing medication. The relevant technology involves antibodies that inhibit the CGRP protein, which is linked to headache by promoting blood vessel dilation. The patents in question claim methods of treating headaches by administering humanized versions of these antibodies. The patent specifications referenced prior art disclosing murine (mouse) antibodies of this type, described methods for their humanization, and included one specific humanized antibody used in the patent holder’s product.Earlier, the U.S. District Court for the District of Massachusetts presided over a jury trial. The jury found that the competitor had willfully infringed the asserted patent claims and rejected arguments that the patents were invalid for lack of written description or enablement. Despite the jury’s verdict, the district court granted judgment as a matter of law for the competitor, ruling that the claims were invalid under 35 U.S.C. § 112 for failing both the written description and enablement requirements. The district court reasoned that the patents did not adequately describe or enable the full scope of the claimed genus of humanized antibodies.On appeal, the United States Court of Appeals for the Federal Circuit reversed the district court’s invalidity judgment. The appellate court held that, in the context of these method claims, the specification and background knowledge in the field were sufficient for a reasonable jury to find that the written description and enablement requirements were met. The court emphasized that the invention concerned the use of a well-known genus of antibodies for a specific purpose, and the specification indicated that all members of the genus would function as claimed. The holding reinstated the jury’s verdict, reversing the district court’s judgment of invalidity, and remanded the case for further proceedings. View "TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY " on Justia Law

The dispute concerns patented methods and apparatuses for upgrading software in engine controllers by connecting an external device that can replace and restore software without losing the original version. The patent, with a priority date of March 30, 2001, was asserted by the patent owner against a competitor. The accused infringer responded by alleging that a non-party, Hypertech, had sold a device called the Power Programmer III (PP3) well before the patent’s critical date. The PP3 was alleged to have all features described in the asserted patent claims, based on contemporaneous sales records and analysis of its source code.The United States District Court for the District of Utah reviewed the case. The district court granted summary judgment of invalidity under pre-America Invents Act (AIA) 35 U.S.C. § 102(b), finding that the PP3 was on sale more than one year before the patent’s critical date and that it embodied every claim limitation of the asserted patent. In reaching this decision, the district court admitted deposition testimony from Hypertech’s CEO regarding sales records and the device’s code, holding that, at summary judgment, corporate representatives may testify beyond their personal knowledge. The court also found that the source code itself was not hearsay and, even if it were, could be admitted as a business record.On appeal, the United States Court of Appeals for the Federal Circuit affirmed. It held that the district court did not abuse its discretion in considering the evidence at summary judgment. The court further clarified that the on-sale bar under pre-AIA § 102(b) does not require a sale to publicly disclose the inner workings of the device; it is sufficient that the sale of a device embodying the patented invention occurred before the critical date. Accordingly, the Federal Circuit affirmed the invalidation of all asserted patent claims. View "DEFINITIVE HOLDINGS v. POWERTEQ " on Justia Law

VLSI Technology LLC brought a lawsuit against Intel Corporation, alleging infringement of multiple patents, including U.S. Patent No. 8,566,836. The patent concerns methods and apparatuses for selecting processor cores in multicore systems to execute tasks based on performance parameters, such as processing speed. VLSI asserted several claims from the patent, including both method and apparatus claims, and introduced expert damages theories to support its case.The United States District Court for the Northern District of California addressed several pretrial issues. It struck certain damages theories from VLSI’s expert Dr. Sullivan, concluding that VLSI had not adequately disclosed these theories in its damages contentions as required under local patent rules. The district court also granted Intel summary judgment of noninfringement on two grounds: first, that the alleged infringing acts occurred outside the United States (extraterritoriality), and second, by rejecting VLSI’s doctrine of equivalents (DOE) theory. The district court’s construction of claim terms, particularly importing an “upon identifying” limitation into an apparatus claim, was central to its resolution of the DOE issue.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the district court’s orders. The appellate court reversed the grant of summary judgment of noninfringement on extraterritoriality grounds, finding that a pretrial stipulation between the parties established a U.S. nexus for infringement, and that the district court erred in its analysis of the apparatus claims’ capability to perform the patented functions. The Federal Circuit also reversed the summary judgment for noninfringement under the DOE theory for certain apparatus claims, holding that the district court improperly construed the claims based on prosecution disclaimer. However, the appellate court affirmed the district court’s decision to strike Dr. Sullivan’s NPV and VPU damages theories, finding no abuse of discretion. The case was remanded for further proceedings. View "VLSI TECHNOLOGY LLC v. INTEL CORPORATION " on Justia Law