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This case involved ten years of litigation regarding an attempt to simultaneously sell a restaurant and license associated intellectual property. The Fifth Circuit affirmed the district court's ruling that the Bill of Sale assigned all Camellia Grill Trademark rights to Hicham Khodr; affirmed the district court's ruling that the Bill of Sale assigned the trade dress associated with the Carrollton restaurant; affirmed the district court's finding that infringement damages were unwarranted; reversed the district court's denial of summary judgment on the trade-dress breach of contract claim and remanded for proceedings to determine if Khodr breached the License Agreement by using the alleged trade dress at the Chartres restaurant; and affirmed the district court's compensable damages ruling. View "Uptown Grill, LLC v. Camellia Grill Holdings, Inc." on Justia Law

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SSI is an original equipment manufacturer (OEM): a manufacturer who resells another company’s products under its own name and branding. TEK sells tire repair kits to various OEMs and owns the 110 patent, which is directed to an emergency kit for repairing vehicle tires deflated by a puncture. When TEK filed the 110 patent, a common way to handle a flat tire was to simply replace it with a spare tire. Because the repair kit disclosed in the patent comprises a small compressor and a container of sealing liquid to mend the hole, it is intended to serve as a smaller, lighter, and less complicated alternative to conventional spare tires. TEK sued SSI for infringement. Following a remand, the district court found several claims infringed and not invalid, awarded $2,525,482 in lost profits and $255,388 in the form of a reasonable royalty for infringing sales for which TEK did not prove its entitlement to lost profits, and granted TEK a permanent injunction. The Federal Circuit vacated in part. The district court improperly restricted SSI’s efforts to present the jury with relevant evidence of invalidity. With respect to the other issues, the Federal Circuit affirmed, “if the patent is found to be not invalid on remand.” View "TEK Global, S.R.L. v. Sealant Systems International, Inc." on Justia Law

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The patents at issue are listed in the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book) for NUCYNTA® ER (extended release), a tapentadol hydrochloride tablet. The 364 patent is directed to the Form A polymorph of the chemical compound tapentadol hydrochloride and a method of treating pain and/or urinary incontinence and states that Form A “is very stable at ambient conditions and therefore useful for producing a pharmaceutical composition.” The 130 patent describes a method of using tapentadol and tapentadol hydrochloride for the treatment of polyneuropathic pain, which is caused by damage to multiple nerves. In an infringement suit, stemming from Abbreviated New Drug Application (ANDA) filings seeking to market generic versions of immediate and extended release tapentadol hydrochloride tablets, the Federal Circuit affirmed the district court in finding that the 364 patent is not invalid for obviousness or lack of utility (the defendants had stipulated to infringement) and that the ANDA filings do not infringe the 130 patent, which is not invalid as anticipated. View "Grunenthal GMBH v. Alkem Laboratories Limited" on Justia Law

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ChargePoint’s patents pertain to charging stations for electric vehicles. At the time the patent application was filed, the charging process “typically require[d] hours and [was] often done overnight or while the electric vehicle [was] parked for a significant time.” Businesses such as restaurants, apartments, and shopping centers have installed electric vehicle charging stations for the convenience of their customers. During periods of high demand, utility companies sometimes reduce the power supply to certain customers based on a preplanned load prioritization scheme, (demand response). In addition to pulling electricity from a local electricity grid, electric vehicles may also supply electricity to the grid. Vehicle-to-grid transfer can be helpful during periods of high demand. ChargePoint contends that its inventors created networked charging stations, managed from a central location, allowing drivers to locate charging stations in advance, and allowing all users to interact intelligently with the electricity grid; the patents suggest that drivers can choose to transfer power from their vehicles to the power grid during periods of high demand. The Federal Circuit affirmed the dismissal of ChargePoint’s infringement suit. The eight asserted claims ChargePoint were ineligible for patenting under 35 U.S.C. 101, as directed to abstract ideas concerning communication. View "ChargePoint, Inc. v. SemaConnect, Inc." on Justia Law

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Endo’s patent, entitled “Method of treating pain utilizing controlled release oxymorphone pharmaceutical compositions and instruction on dosing for renal impairment,” covers a method of using oxymorphone to treat pain in patients with impaired kidney function. Controlled-release dosage forms that maintain optimal levels of pain relief for longer periods are useful to patients and clinicians. Patients’ pain relief levels can be impacted by the way their body processes oxymorphone. The inventor discovered that patients with moderately or severely impaired kidney function need less oxymorphone than usual to achieve a similar level of pain management. The Federal Circuit reversed the district court’s conclusion that the claims were patent-ineligible under 35 U.S.C. 101. The district court incorrectly concluded that the claims at issue are directed to a natural law. The claims prescribe a regimen for specific patients, using a specific compound at specific doses to achieve a specific outcome. Claiming a new treatment for an ailment, albeit using a natural law, is not claiming the natural law. View "Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc." on Justia Law

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Arctic’s patents, both titled “Power Distribution Module for Personal Recreational Vehicle,” describe an assertedly inventive electrical-connection box having an array of receptacle openings that allow wires to be arranged and secured in various positions for distributing power to various electrical components, including components of a personal recreational vehicle. GEP petitioned the Patent Trial and Appeal Board for inter partes reviews of all claims of both patents under 35 U.S.C. 102 and 103. The Board determined that all claims of the patents are unpatentable. The Federal Circuit affirmed as to the 822 patent but reversed in part as to the 188 patent. The Board did not abuse its discretion in rejecting the deposition-transcript submission and correctly held preamble references to a vehicle in the claims at issue not to be limiting. The Board improperly determined that Boyd was prior art; the inventions antedated Boyd. View "Arctic Cat Inc. v. GEP Power Products, Inc." on Justia Law

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The Second Circuit affirmed the district court's judgment granting attorneys' fees and costs to defendants under section 505 of the Copyright Act and section 35(a) of the Lanham Act. These provisions authorized the district court to award fees to the prevailing party in a lawsuit. The court held that defendants met the definition of "prevailing party" under both fee-shifting provisions. Although defendants did not obtain a dismissal on the the Copyright and Lanham Acts claims, defendants have fulfilled their primary objective by obtaining dismissal of the complaint on collateral estoppel grounds. View "Manhattan Review, LLC v. Yun" on Justia Law

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In this trademark infringement action, the district court granted Alliance for Good Government summary judgment on its trademark infringement claim against Coalition for Better Government, enjoined Coalition from the use of both its logo and its trade name, and then awarded Alliance attorney's fees incurred in bringing the lawsuit. The Fifth Circuit affirmed in part and held that the district court did not abuse its discretion in finding that Alliance was entitled to fees. The court remanded for the district court to reassess the amount of fees, because the court has since modified the district court's injunction to permit Coalition to use its trade name. View "Alliance for Good Government v. Coalition for Better Government" on Justia Law

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While the interconnectivity of computer networks facilitates access for authorized users, it also increases a network’s susceptibility to attacks from hackers, malware, and other security threats. Some of these security threats can only be detected with information from multiple sources. SRI developed the inventions claimed in patents titled “Network Surveillance” and “Hierarchical Event Monitoring and Analysis.” SRI had performed considerable research and development on network intrusion detection before filing the patents-in-suit. In an infringement suit, the district court denied Cisco’s motion for summary judgment of patent ineligibility, construed the claim term “network traffic data,” granted summary judgment of no anticipation, and denied judgment as a matter of law of no willful infringement. The court awarded enhanced damages, attorneys’ fees, and ongoing royalties. The Federal Circuit affirmed the denial of summary judgment of ineligibility, adopted the claim construction, and affirmed summary judgment of no anticipation but vacated and remanded the denial of judgment as a matter of law of no willful infringement, and therefore vacated the enhancement of damages. The court also vacated the award of attorneys’ fees and remanded for recalculation and affirmed the award of ongoing royalties on post-verdict sales of products that were actually found to infringe or are not colorably different. View "SRI International, Inc. v. Cisco Systems, Inc." on Justia Law

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VHT filed a copyright infringement suit against Zillow, alleging that Zillow's use of photos on its Listing Platform and Digs exceeded the scope of VHT's licenses to brokers, agents, and listing services who provided those photos to Zillow. The Ninth Circuit held that VHT failed to satisfy its burden of demonstrating that Zillow directly infringed the photos displayed on the Listing Platform, because VHT failed to provide evidence showing that Zillow exercised control; selected any material for upload, download, transmission, or storage; or instigated any copying, storage or distribution of the photos. The panel also held that VHT did not present substantial evidence that Zillow, through the Digs platform, directly infringed its display, reproduction, or adaption rights in 22,109 not displayed photos and 2,093 displayed but non-searchable photos. However, the fair use defense did not absolve Zillow of direct liability for 3,921 displayed, searchable Digs photos. The panel affirmed the district court's grant of Zillow's motion for judgment notwithstanding the verdict with respect to secondary infringement, both contributory and vicarious infringement. In regard to damages, the panel remanded to the district court for further proceedings as to whether the VHT photos remaining at issue were a compilation, and held that substantial evidence did not show Zillow was actually aware of its infringing activity nor was it reckless or willfully blind to its infringement. Accordingly, the panel affirmed in part, reversed in part, and remanded. View "VHT, Inc. v. Zillow Group, Inc." on Justia Law