Justia Intellectual Property Opinion Summaries

The case revolves around a dispute over the estate of Dr. Lester Frank Sumrall, who founded a church that grew into a global evangelical empire, LeSEA, Inc. After his death, his son and grandson, Lester Sumrall, claimed they should have inherited part of his estate, including copyrights to his works and his right of publicity. They alleged that LeSEA, now controlled by other family members, had wrongfully taken ownership of these assets.The case was initially heard in the United States District Court for the Northern District of Indiana. The district court dismissed the claims brought by Lester Sumrall and the Lester Sumrall Family Trust against LeSEA and its affiliates, ruling in favor of LeSEA on all counts. The court found that the copyright claims were untimely and that LeSEA owned the copyright to a particular photograph, the "Traveler Photo," taken by Lester Sumrall. The court also dismissed various state law claims for damages under the doctrine of laches, citing inexcusable delay in asserting rights and prejudice to the adverse party.Upon appeal, the United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The appellate court agreed that the copyright claims were untimely and that LeSEA owned the copyright to the Traveler Photo. The court also upheld the application of laches to the state law claims, noting that laches is equally applicable in suits at law in Indiana. Finally, the court dismissed the claim for LeSEA's alleged use of Dr. Sumrall's right of publicity, as the Trust failed to plead the required half-ownership. View "Sumrall v. LeSEA, Inc." on Justia Law

A graphic designer, Cynthia Foss, filed a lawsuit against Marvic, Inc., Brady-Built, Inc., and Charter Communications, alleging copyright infringement. Foss claimed that Marvic and Brady-Built used a marketing brochure she created without her permission. She also sought a declaratory judgment that Charter Communications was not eligible for the Digital Millennium Copyright Act's safe-harbor defense.Previously, Foss had filed a similar lawsuit against Marvic alone, which was dismissed because she had not registered her copyright before filing the suit. This dismissal was affirmed by the First Circuit Court of Appeals. In the current case, the District Court dismissed Foss's copyright infringement claim against Marvic and Brady-Built on the grounds of claim preclusion, citing the dismissal of her earlier lawsuit. The court also dismissed her claim against Charter Communications for lack of jurisdiction and failure to state a plausible claim.The United States Court of Appeals for the First Circuit vacated the dismissal of the copyright infringement claim against Marvic and Brady-Built. The court found that the dismissal of Foss's earlier lawsuit was not a "final judgment on the merits" for claim preclusion purposes. However, the court affirmed the dismissal of Foss's claim against Charter Communications for lack of jurisdiction. The court also vacated the District Court's alternative merits-based dismissal of Foss's claim against Charter Communications. The case was remanded for further proceedings. View "Foss v. Marvic" on Justia Law

The case revolves around a copyright infringement claim brought by Laney Griner, the owner of the copyright to a popular internet meme template known as "Success Kid." The meme was used by the King for Congress Committee, a political campaign committee, to solicit donations. Griner sued the Congressman and the Committee for copyright infringement. The jury found the Committee, but not the Congressman, liable for copyright infringement and awarded Griner $750, the statutory minimum. Both parties moved for costs and attorney’s fees, which the district court partially granted and denied to both parties, but denied all attorney’s fees.The Committee appealed the decision, arguing that it had an implied license to use the meme and that its use constituted fair use. The Committee also contested the district court's evidentiary rulings and the jury's instruction regarding damages. The Defendants appealed the denial of attorney’s fees and some costs.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court found that the Committee had waived its implied license defense and that the jury correctly concluded that the Committee's use of the meme did not constitute fair use. The court also found no abuse of discretion in the district court's evidentiary rulings and held that the Committee's challenge to the jury instruction regarding damages was waived. The court affirmed the district court's decision not to award attorney’s fees and its denial of additional costs. View "Griner v. King for Congress" on Justia Law

The case involves the Medical Imaging & Technology Alliance and the Advanced Medical Technology Association, two trade associations representing medical device manufacturers, who sued the Library of Congress and the Librarian of Congress. The dispute arose from an exemption to the Digital Millennium Copyright Act (DMCA) that allowed some access to the software of advanced medical devices. The trade associations claimed that the exemption violated the Administrative Procedure Act (APA). The district court dismissed the case, ruling that the APA claims were barred by sovereign immunity because the Library of Congress is part of “the Congress” and therefore not an “agency” within the meaning of the APA’s judicial review provision.The United States Court of Appeals for the District of Columbia Circuit reversed the district court's decision. The court held that irrespective of whether the Library is an “agency,” Congress has specified that copyright regulations under Title 17 of the U.S. Code are subject to the APA. The court concluded that DMCA rules are subject to the APA just like other copyright rules, and therefore, the APA provides the necessary waiver of sovereign immunity for this suit. The court remanded the case back to the district court to assess the APA claims. View "Medical Imaging & Technology Alliance v. Library of Congress" on Justia Law

In this case, Amy Bricker, a high-ranking executive, moved from Cigna Corporation to CVS Pharmacy, Inc., both of which are major healthcare conglomerates. Cigna sued Bricker and CVS, seeking to enforce a non-compete agreement that Bricker had signed while employed at Cigna. The district court granted a temporary restraining order and a preliminary injunction to preserve the status quo and protect Cigna's business interests. Bricker and CVS appealed the preliminary injunction.Previously, the district court had found that Cigna's protected interests were numerous and substantial, spanning multiple lines of products and services. It also found that Bricker likely retained a considerable amount of protected information from her time at Cigna. The court concluded that Cigna had a fair chance of demonstrating that the non-compete agreement was reasonable and enforceable under Missouri law.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court agreed with the lower court's findings and concluded that the non-compete agreement was likely enforceable under Missouri law. The court also found that Cigna would likely suffer irreparable harm if the preliminary injunction was not granted, as Bricker could potentially disclose Cigna's trade secrets to CVS. The court concluded that the balance of equities favored Cigna and that the public interest supported the enforcement of contractual obligations. Therefore, the court held that the district court did not abuse its discretion in granting the preliminary injunction. View "Cigna Corporation v. Bricker" on Justia Law

EcoFactor, Inc. sued Google LLC in the Western District of Texas, alleging patent infringement of U.S. Patent No. 8,738,327, which relates to the operation of smart thermostats in computer-networked heating and cooling systems. After a jury trial, the jury found that Google infringed the asserted claim of the patent and awarded damages to EcoFactor. Google appealed three of the district court’s orders: the denial of Google’s motion for summary judgment that the patent was invalid under 35 U.S.C. § 101; the denial of Google’s motion for judgment as a matter of law of non-infringement of the patent; and the denial of Google’s motion for a new trial on damages.The United States Court of Appeals for the Federal Circuit affirmed the district court's decisions. The court held that Google's appeal of the district court's denial of summary judgment was not appealable after a trial on the merits. The court also found that the jury's infringement verdict was supported by substantial evidence. Finally, the court held that the district court did not abuse its discretion in denying Google's motion for a new trial on damages. The court concluded that the damages expert's opinion was sufficiently reliable for admissibility purposes and that the expert sufficiently showed that the license agreements were economically comparable to the hypothetically negotiated agreement. View "ECOFACTOR, INC. v. GOOGLE LLC " on Justia Law

The case revolves around a dispute between Ulrich Speck and Bruno Scheller (collectively, “Speck”) and Brian L. Bates, Anthony O. Ragheb, Joseph M. Stewart IV, William J. Bourdeau, Brian D. Choules, James D. Purdy, and Neal E. Fearnot (collectively, “Bates”) over the priority of a patent related to a drug-coated balloon catheter. The Patent and Trademark Office (“PTO”) Patent Trial and Appeals Board (“Board”) had previously awarded priority to Bates. Speck had argued that the claims of Bates' patent application were time-barred under 35 U.S.C. § 135(b)(1) and invalid for lack of written description. The Board denied these motions.The United States Court of Appeals for the Federal Circuit reviewed the case and concluded that the Board erred in finding that Bates' patent application was not time-barred under 35 U.S.C. § 135(b)(1). The court applied a two-way test to determine if pre-critical date claims and post-critical date claims were materially different. The court found that the post-critical date claims were materially different from the pre-critical date claims, making the patent application time-barred. The court reversed the Board's decision, vacated its order canceling the claims of Speck's patent and entering judgment on priority against Speck, and remanded for further proceedings consistent with its opinion. View "SPECK v. BATES " on Justia Law

The case involves the Luca McDermott Catena Gift Trust (Appellant) and two related family trusts, all of which are minority owners of California-based Paul Hobbs Winery, L.P. (Hobbs Winery). The trusts collectively own 21.6% of the partnership. Hobbs Winery owns the registered trademark PAUL HOBBS for wines. The Appellant and the two related family trusts filed a consolidated petition to cancel the registered marks ALVAREDOS-HOBBS and HILLICK AND HOBBS, owned by Fructuoso-Hobbs SL and Hillick & Hobbs Estate, LLC (Appellees), respectively. The petition alleged that the use of these marks by the Appellees was likely to cause confusion in the marketplace with Hobbs Winery's use of PAUL HOBBS for the same goods.The Appellees moved to dismiss the petition, arguing that the family trusts were not entitled by statute to cancel the challenged marks because they were not the owners of the allegedly infringed PAUL HOBBS mark. The U.S. Patent and Trademark Office Trademark Trial and Appeal Board (the Board) granted the motions to dismiss, concluding that the family trusts lacked a statutory entitlement to bring the cancellation action. The Board also concluded that the family trusts had failed to adequately plead likelihood of confusion and fraud.The United States Court of Appeals for the Federal Circuit affirmed the Board's decision. The court found that the Appellant lacked entitlement to a statutory cause of action under 15 U.S.C. § 1064. The court held that the Appellant's alleged injury, the diminishment in value of its ownership interest in Hobbs Winery due to Appellees' use of their marks, was merely derivative of any injury suffered by Hobbs Winery itself and was too remote to provide the Appellant with a cause of action under § 1064. View "LUCA MCDERMOTT CATENA GIFT TRUST v. FRUCTUOSO-HOBBS SL " on Justia Law

Between November 2019 and August 2020, Core Optical Technologies, LLC filed complaints against three groups of defendants led by Nokia Corp., ADVA Optical Networking SE, and Cisco Systems, Inc. Core Optical alleged that these companies infringed on U.S. Patent No. 6,782,211, which was assigned to Core Optical by the inventor, Dr. Mark Core, in 2011. The defendants argued that the patent was actually owned by Dr. Core's former employer, TRW Inc., due to an employment-associated agreement signed by Dr. Core in 1990.The district court in the Central District of California agreed with the defendants, ruling that the 1990 agreement between Dr. Core and TRW automatically assigned the patent rights to TRW. The court found that the patent did not fall under an exception in the agreement for inventions developed entirely on the employee's own time, as Dr. Core had developed the patent while participating in a fellowship program funded by TRW.The United States Court of Appeals for the Federal Circuit vacated the district court's judgment and remanded the case for further proceedings. The appellate court found that the phrase "developed entirely on my own time" in the 1990 agreement was ambiguous and did not clearly indicate whether Dr. Core's time spent on his PhD research, which led to the invention, was considered his own time or partly TRW's time. The court concluded that further inquiry into the facts was needed to resolve this ambiguity. View "CORE OPTICAL TECHNOLOGIES, LLC v. NOKIA CORPORATION " on Justia Law

Dexon Computer, Inc., a reseller of computer networking products, was sued by Cisco Systems, Inc. and Cisco Technologies, Inc. for federal trademark infringement and counterfeiting. The complaint alleged trademark infringements between 2006 and 2010, and thirty-five acts of infringement between 2015 and 2020. Dexon sought defense from Travelers Property Casualty Company of America under a liability policy it had purchased from Travelers. Travelers denied coverage and a duty to defend, arguing that all the alleged acts of trademark infringement were "related acts" under the policy and thus were deemed to have been committed before the policy's retroactive date.The District Court of Minnesota denied Travelers' motion to dismiss Dexon's claims for a declaratory judgment that Travelers has a duty to defend and indemnify. The court held that the documents submitted by the parties concerning the coverage dispute were not "matters outside the pleadings" and could be considered in ruling on the motion to dismiss. The court concluded that it could not hold, as a matter of law, that every act of trademark infringement alleged in the Cisco complaint was necessarily related to an act of trademark infringement that occurred prior to the retroactive date.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court held that the district court correctly determined that Travelers had a duty to defend Dexon in the entire Cisco Action. The court noted that this did not resolve whether Travelers has a duty to indemnify, and if so, the extent of that duty, which would depend on the ultimate resolution of the Cisco Action. View "Dexon Computer, Inc. v. Travelers Prop. Cas. Co. Am." on Justia Law