Justia Intellectual Property Opinion Summaries

Seven years ago, A.D. was hired to create a PVT (“pressure volume temperature”) simulation software program. Sah was hired by A.D. to develop a PVT software program in exchange for a stake in one of A.D.’s companies, IPSS. Eight months later, a product called InPVT hit the market. Plaintiff Calsep started looking into InPVT. In Calsep’s assessment, A.D. didn’t have the technical skills or resources to develop a PVT product. Calsep filed another motion to compel, alleging that A.D. still hadn’t adequately disclosed his source code control system. Although A.D. had “produced [a] purported source code system” in April and July, Calsep claimed that these productions were “undoubtedly incomplete” and “had been manipulated.” Believing the deletions to be intentional, Calsep filed a motion for sanctions. Afterward, A.D. filed a motion for reconsideration based on newly discovered forensic images that “vindicated” him. The magistrate judge recommended denying the motion, and the district court agreed, denying the motion for reconsideration of the sanctions order. A.D. appealed.   The Fifth Circuit affirmed the district court’s decision on A.D.'s motion for reconsideration. The court explained that A.D. cannot offer any reason—other than mere forgetfulness—why he couldn’t acquire the images sooner. Further, A.D. hasn’t shown that he acted with diligence during the case to locate these images. Moreover, the court explained that although A.D. argues that the images change the game, Calsep’s expert insists that too much data is still missing from the source code control system, rendering a proper review impossible. The court noted that there was no reason to question the district court’s judgment crediting Calsep’s expert testimony. View "Calsep v. Dabral" on Justia Law

Schwendimann owns the challenged patents, which relate to transfer sheets and methods for transferring images onto dark-colored fabrics. Multi-layer image transfer sheets for transferring images onto fabrics were well known in the prior art but Schwendimann’s patents claimed a single-step solution whereby the white background was incorporated into the image transfer sheet, allowing the white background and dark image to be applied simultaneously onto the dark fabric.On inter partes review, the Patent Trial and Appeal Board found all claims of three patents and multiple claims of the fourth patent unpatentable as obvious in view of prior art. The Federal Circuit affirmed. Substantial evidence supported the Board’s finding that a skilled artisan would be motivated to combine prior art. View "Schwendimann v. Neenah, Inc." on Justia Law

Sisvel’s 561 patent relates to methods of channel coding when transmitting data in radio systems. Channel coding is a technique that adds redundant information to a data block, thereby creating a coded data block. To account for problems from noise and interference during data transmission, the redundant data allows a receiver to more accurately detect and correct errors in the transmitted data, but at the cost of requiring more bandwidth and network resource usage. The 561 patent uses techniques called “link adaptation” and “incremental redundancy,” which it asserts improves prior channel coding techniques.On inter partes review, the Patent Trial and Appeal Board found four claims unpatentable but upheld five other claims. The Federal Circuit affirmed the findings of unpatentability. Prior art (Chen) does disclose a second puncturing pattern for transmission of selected code symbols and the Board provided a sufficiently detailed explanation to support its finding that Chen discloses the “combining” limitation. The Board acknowledged Sisvel’s argument that Chen includes a statement that “retransmitted packets are interleaved (not combined).” The court vacated in part, with respect to the claims that were upheld. View "Sisvel International, S.A. v. Sierra Wireless, ULC" on Justia Law

Defendants Bank of New York Mellon Corporation, LLP and its subsidiary, The Bank of New York Mellon (collectively, “BNYM”), retained Plaintiff as an independent contractor to work on an investment valuation project. Plaintiff developed the so-called Pauwels Model. At various times between 2014 and the end of his working relationship with BNYM in 2018, Plaintiff shared spreadsheets derived from the Pauwels Model with various employees and executives at BNYM. In 2016, BNYM retained Defendants Deloitte LLP, Deloitte Tax LLP, and Deloitte USA LLP (collectively, “Deloitte”) to take over the work that Plaintiff had been performing for BNYM. Plaintiff alleged that Deloitte used the spreadsheets to reverse engineer the Pauwels Model and was using the model to conduct the services it provided to BNYM. Plaintiff brought suit against BNYM and Deloitte, alleging, among other claims, that the Pauwels Model embodied a trade secret that they misappropriated.   The Second Circuit reversed and remanded the district court’s judgment insofar as it dismissed Plaintiff’s unjust enrichment claim. The court affirmed the remainder of the judgment. The court explained that misappropriation is not an element of a claim for unjust enrichment under New York law. Therefore, a plaintiff’s claim for unjust enrichment does not necessarily rise or fall with a claim of trade secret misappropriation. The court explained that because Plaintiff’s theory of liability is distinct from those underpinning Plaintiff’s claim for trade secret misappropriation, his claim for unjust enrichment should not have been dismissed as duplicative of his claim for trade secret misappropriation. View "Pauwels v. Deloitte LLP" on Justia Law

In 2016, Nerio and her minor daughter sought admission to the U.S. without the required authorization. They applied for asylum and withholding of removal based on Nerio’s fear that her partner’s nephew, Walter, would harm them if they returned. Nerio testified that she and her partner, Yuny, have been together for 10 years. Around a year after they met, Nerio became pregnant. Yuny left Guatemala in 2009, but Nerio continued living with, and later near, Yuny’s family. Walter considered her as his “inferior” based on Nerio’s indigenous heritage, refusing to treat her as family. She further testified that around 2015, Walter began trying to physically harm her. Twice that year, he tried to hit her with his motorcycle. In February 2016, he shot at her with a rifle. Nerio obtained a protective order but did not press criminal charges because of family pressure.The Seventh Circuit upheld the denial of relief, finding that substantial evidence supports the immigration judge’s determination that Nerio failed to establish that the Guatemalan government is unable or unwilling to protect her. The IJ reasonably weighed the generalized country conditions report against Nerio’s specific testimony. View "Nerio Perez v. Garland" on Justia Law

Proof Research, Inc. and Carbon Six Barrels, LLC both manufacture carbon-fiber gun barrels. Proof entered the market first and obtained a trademark for the unique appearance of its barrels. When Proof found out that Carbon Six intended to begin manufacturing and selling similar-looking carbon-fiber gun barrels of its own, Proof responded with litigation. However, Proof did not file suit against Carbon Six but rather against McGowen Precision Barrels, LLC, Carbon Six’s sister company. McGowen then initiated separate proceedings to have Proof’s trademark canceled. McGowen was ultimately successful, and Proof’s trademark for its carbon-fiber gun barrels was canceled in 2021. On February 9, 2022, Carbon Six filed this lawsuit against Proof for defamation and violation of the Louisiana Unfair Trade Practices Act stemming from Proof’s efforts to register, renew, enforce, and defend its previously valid trademark. However, Carbon Six brought its claims after the one-year prescriptive period imposed by Louisiana law had run. On Proof’s motion to dismiss under Rule 12(b)(6), Carbon Six failed to convince the district court that any of its claims were timely. The district court also held that Carbon Six’s LUTPA claim was legally deficient.   The Fifth Circuit affirmed. The court held that all actions Carbon Six alleged Proof took were discrete rather than ongoing, and each began and ended more than a year before this lawsuit was filed. Carbon Six’s LUTPA claim is therefore prescribed. The court explained even if Carbon Six could do so, Proof’s attempt to enforce a later-invalidated trademark does not violate LUTPA. View "Carbon Six Barrels v. Proof Research" on Justia Law

In 1999, Latham, McLean, and Vernooy formed Bliss to sell children’s clothing under the name “bella bliss.” In 2003, Shannon left Bliss and started Latham to sell her own children’s clothing under the name “little english.” Bliss’s logo is a lowercase “b” drawn out as if stitched in thread. Bliss has registered trademarks for this logo. Bliss has several designs that it claims as signature looks of the bella bliss brand that have “become famous and widely known and recognized as symbols of unique and high-quality garments.” There has been previous litigation between the parties.In 2020, Bliss filed federal claims for copyright, trademark, and trade dress infringement; false designation of origin and misappropriation of source; and unfair competition. The district court dismissed Bliss’s claims and granted Latham attorney’s fees for defending the copyright claim but found that Bliss filed its action in good faith and that the trademark and trade dress claims were not so “exceptionally meritless” that Latham merited a rare attorney’s fees award under 15 U.S.C. 1117. The Sixth Circuit affirmed in part. Bliss stated claims for federal and state trademark infringement but has not stated a claim for trade dress infringement. The district court did not err in denying attorney’s fees to Latham for defending the trademark and trade dress infringement claims. View "Bliss Collection, LLC v. Latham Companies, LLC" on Justia Law

Elekta’s 648 patent, titled “Method and apparatus for treatment by ionizing radiation,” discloses a device for treating a patient with ionizing radiation for certain types of radiosurgery and radiation therapy. The invention uses a radiation source, e.g., a linear accelerator (linac), mounted on a pair of concentric rings to deliver a beam of ionizing radiation to the targeted area of the patient. ZAP Surgical Systems sought inter partes review (IPR). The Patent Trial and Appeal Board addressed Elekta’s arguments that a skilled artisan would not have been motivated to combine, and would not have had a reasonable expectation of success in combining, one prior art device (Grady) with the linac described in the prior art, Ruchala, and whether a skilled artisan would have been dissuaded from combining the devices because one device was an imaging device, rather than a radiation device, and because the linac’s weight would render the Grady device inoperable, imprecise, and unsuitable for treatment.The Board concluded that a skilled artisan would have been motivated to combine Grady and Ruchala. The Federal Circuit affirmed, finding substantial support for the finding that a person of ordinary skill in the art would have been motivated to make the proposed combination. View "Elekta Ltd. v. ZAP Surgical Systems, Inc." on Justia Law

In a “key step” of the "coagulation cascade" that forms blood clots, an enzyme (Factor VIIIa) complexes with another enzyme (Factor IXa) to activate Factor X. Hemophilia A is a disorder where the activity of Factor VIII is functionally absent, impeding the body’s ability to effectively form blood clots. Historically, Hemophilia A has been treated by intravenously administering Factor VIII. Approximately 20–30% of Hemophilia A patients cannot benefit from that treatment because they develop Factor VIII inhibitors. Baxalta’s patent provides alternative means to treat Hemophilia A.Baxalta sued, alleging Genentech’s Hemlibra® (emicizumab) product infringes the patent. Emicizumab is a humanized bispecific antibody that binds to Factor IXa with one arm and Factor X with the other arm, mimicking the function of Factor VIIIa. Following the district court’s construction of the claim terms “antibody” and “antibody fragment” to exclude bispecific antibodies, the Federal Circuit held the proper construction of “antibody” was “an immunoglobulin molecule having a specific amino acid sequence comprising two heavy chains (H chains) and two light chains (L chains),” and the proper construction of “antibody fragment” was “a portion of an antibody” and remanded. On remand, Genentech successfully moved for summary judgment of invalidity of multiple claims for lack of enablement. The Federal Circuit affirmed. The patent fails to teach skilled artisans how to make and use the full scope of claimed antibodies without unreasonable experimentation. View "Baxalta Inc. v. Genentech, Inc." on Justia Law

Columbia’s D093 patent, titled “Heat Reflective Material,” claims “[t]he ornamental design of a heat reflective material. Seirus markets and sells products (e.g., gloves) made with material that it calls HeatWave. Columbia sued Seirus for infringement. the district court granted summary judgment of infringement; a jury awarded Columbia $3,018,174 in damages. On remand, a jury found that Seirus did not infringe.The Federal Circuit vacated the non-infringement judgment, first rejecting arguments concerning the preclusive effect of the prior proceedings. The district court erred by failing to instruct the jury as to the scope of the D093 patent claim (design for a heat reflective material) and, relatedly, the proper scope of comparison prior art. To qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim. Here, the issue is not whether the patent’s design (e.g., a wavy pattern) is dictated by function but whether the claimed article to which that design is applied is the same as another article. A natural, relevant consideration for distinguishing one article from another involves looking to the articles’ respective functions. View "Columbia Sportswear North America, Inc.v. Seirus Innovative Accessories, Inc." on Justia Law