Justia Intellectual Property Opinion Summaries

Triumph publishes books and software to prepare teachers and students for standardized tests. In 2004, Triumph filed use-based applications for the COACH word mark, a stylized COACH mark, and a COACH mark and design. CSI sells handbags, luggage, clothing, watches, eye glasses, and wallets and has used the COACH mark since at least 1961. CSI owns 16 incontestable registrations for the COACH mark: all but one issued before Triumph's application. CSI filed Notice of Opposition on grounds of likelihood of confusion (15 U.S.C. 1052(d)) and dilution (15 U.S.C. 1125(c)). The Trademark Trial and Appeal Board dismissed. The Federal Circuit affirmed findings that there was no likelihood of confusion between the marks and that CSI failed to prove likelihood of dilution. Because of evidentiary errors, the court vacated and remanded a finding that, although Triumph's marks are merely descriptive, they have acquired secondary meaning, and were entitled to registration. View "Coach Serv., Inc. v. Triumph Learning, LLC" on Justia Law

The 690 patent is directed to a process for clarifying low alkalinity water using a blend of a high molecular weight quaternized polymer and an aluminum polymer. Claim 1 refers to a process for clarification of water of "raw alkalinity less than or equal to 50 ppm by chemical treatment." A jury found that the 690 patent was valid and indirectly infringed. The Federal Circuit reversed in part, holding that the verdict that the 690 patent was not invalid under 35 U.S.C. 102 was not supported by substantial evidence.The court affirmed that defendant did not misappropriate the trade secret described in claim 1. View "ClearValue, Inc. v. Pearl River Polymers, Inc." on Justia Law

This case arose when Ford sent a cease-and-desist letter to NBFP, demanding that NBFP pay damages and refrain from using Ford's trademarks on its websites. NBFP sued Ford in Texas state court, seeking a declaratory judgment that its online printing operations did not infringe Ford's trademark rights. NBFP subsequently appealed the district court's partial grant of summary judgment for Ford; the district court's final judgment holding NBFP liable for trademark infringement; and the district court's order denying NBFP's motion to amend its complaint. Ford cross-appealed from the district court's final judgment, disputing that court's findings on infringement, dilution, and attorney's fees. The court held that the district court's grant of partial summary judgment to Ford was affirmed. Because there was no likely threat of consumer confusion as to NBFP's sale of products bearing the Ford marks to three independent used car dealers, the court reversed the district court's judgment finding that NBFP's sale of these products amounted to trademark infringement, the court remanded to the district court with instructions to enter judgment for NBFP on this category of products. The court affirmed the district court's judgment in all other respects. View "Nat'l Business Forms v. Phillips, et al." on Justia Law

Music Companies sued East Coat and Hudson for eight counts of copyright infringement, corresponding to the eight songs ASCAP's independent investigator heard publicly performed at the Long Beach Roscoe's House of Chicken and Waffles. East Coast and Hudson appealed the district court's grant of summary judgment to Music Companies for the eight counts of copyright infringement, as well as the district court's award of attorney's fees and costs to the Music Companies. The court held that the district court was correct to conclude that the investigator's uncontested declaration was sufficient to establish that no genuine issue of material fact existed as to whether copyright infringement occurred at the Long Beach Roscoe's. Because no genuine issue of material fact existed as to whether East Coast and Hudson controlled and derived financial benefit from the infringing performances, the district court properly held that Hudson and East Coast were liable for copyright infringement. Finally, the district court did not abuse its discretion in awarding fees and costs. Accordingly, the judgment was affirmed. View "Range Road Music, Inc., et al. v. East Coast Foods, Inc., et al." on Justia Law

The owner consulted with two architectural firms, T-Peg and VTW. T-Peg drew up a preliminary design then worked with the owner to refine the design. In 2001, T-Peg registered its design with the Copyright Office. Meanwhile, in 2000, the owner showed T-Peg's unregistered preliminary design to VTW, which began working on its own design. VTW completed its plan in 2002 with significant, minutely detailed input from the owner. Completed construction apparently reflected T-Peg's registered design. In a suit for copyright infringement, the court granted summary judgment for VTW and the owner, concluding that no reasonable jury could find that T-Peg's and VTW's designs were substantially similar. The First Circuit reversed and, following trial, the jury found in VTW's favor and rejected T-Peg's infringement claims. VTW sought fees of more than $200,000 under 17 U.S.C. 505. The district court granted VTW a fee award of $35,000. The First Circuit affirmed, finding that the district court adequately elaborated its reasoning. View "T-Peg, Inc. v. VT Timber Works, Inc." on Justia Law

The technology involves prosthetic vascular grafts, fabricated from highly-expanded polytetrafluoroethylene, and used to bypass or replace blood vessels to assure adequate and balanced blood flow to particular parts of the body. The 135 patent application was filed in 1974, but the patent did not issue until 2002. The district court found that the patent had been willfully infringed and was not invalid for improper inventorship, anticipation, obviousness, or lack of written description, and awarded enhanced damages, attorneys' fees and costs, and an ongoing royalty. The Federal Circuit affirmed, finding substantial evidence to support the jury verdict. View "Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc." on Justia Law

The 547 and 052 patents relate to technology for weighing objects, such as large commercial trucks. Mettler sued B-Tek alleging infringement of certain claims of the patents. The district court construed the claims and the jury found that B-Tek did not infringe any of the asserted claims and that the asserted claims of the 052 patent would have been obvious. The Federal Circuit affirmed, holding that the court correctly construed the claims, particularly: "circuit means associated with said counterforce, said circuit means being responsive to external control," "means for producing digital representations of loads applied to said counterforce," and "means for transmitting said digital representations." Substantial evidence supported the verdict. The court properly denied sanctions for Mettler's alleged withholding and destruction of documents; the documents were not highly relevant.View "Mettler-Toledo, Inc. v. B-TEK Scales, LLC" on Justia Law

Tractel, manufacturer and seller of the Tirak traction hoist, brought suit claiming that Jiangsu's hoists infringed the trade dress of the Tractel traction hoist. At issue was whether the Tractel traction hoist qualified for trade dress protection. The court agreed with the district court that Tractel did not meet its burden of establishing non-functionality and affirmed the grant of summary judgment in favor of Jiangsu. The court affirmed the district court's award of attorney's fees to Jiangsu upon finding that this was an "exceptional" case meriting fees where Tractel's continued prosecution of its claims was held by the district court to be "unreasonable." While the line delineating "exceptional" cases under the Lanham Act, 15 U.S.C. 1125(a)(3), could be murky, this action fell squarely within the realm of exceptional cases contemplated by the Act. Finally, the court reversed the district court's award of non-taxable costs and certain taxable costs and remanded for further proceedings. View "Secalt S.A., et al. v. Wuxi Shenxi Construction Machinery Co., Ltd." on Justia Law

Plaintiffs accused Sony and Sony entities of infringing claims of a patent relating to a tactile feedback system for computer video games. The district court construed disputed claim terms and the parties stipulated to a judgment of noninfringement. The Federal Circuit vacated and remanded, finding that the district court improperly limited the term "attached to said pad" to mean attachment only to an external surface and erred in its construction of the term "flexible." View "Thorner v. Sony Computer Entm't Am., LLC" on Justia Law

HTC sought a declaration that it did not infringe a valid and enforceable claim of the 830 patent, which covers a handover in a cellular telephone network to reduce the chance of interrupted service for a user in transit. IPCom counterclaimed, alleging infringement. The district court concluded that two claims in the 830 patent were invalid. The Federal Circuit reversed, finding that the district court misconstrued the claims, which cover only an apparatus, not an apparatus and method steps. The specification adequately discloses a processor and transceiver for use in performing the functions recited in the claims.View "HTC Corp. v. IPCom GmbH & Co., KG" on Justia Law