News & Analysis as of

Patents Unjust Enrichment Patent Litigation

McDermott Will & Schulte

Federal Circuit lacks jurisdiction over award that doesn’t raise issue of patent law

The US Court of Appeals for the Federal Circuit determined that it lacked appellate jurisdiction over a district court judgment confirming an arbitration award stemming from a dispute over royalties paid under patent license...more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

Patterson Belknap Webb & Tyler LLP

Judge Roman Hits “Stop” on State Law Claims in Treadmill Patent Infringement Case

On January 17, 2023, Judge Nelson Romàn (S.D.N.Y) granted a motion by defendants LifeCore Fitness (“LifeCore”) and Assault Fitness (“Assault”) to dismiss state law claims as pre-empted or time-barred in a patent infringement...more

McDermott Will & Schulte

Breach of Contract Claim Does Not Arise Under Patent Law

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit reversed a district court decision that retained jurisdiction over a breach of contract action, finding that the action did not sufficiently implicate issues of patent law and...more

Womble Bond Dickinson

Walking the Jurisdictional Line: Cashing in on Federal Jurisdiction in Patent Licensing Disputes

Womble Bond Dickinson on

Johnny Cash’s famous “I Walk the Line” song draws a line emphasizing how difficult it can be to stay faithful with temptations “on the road” as the singer travels on tour. Similarly, patent license drafters and litigators can...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #3

PATENT CASE OF THE WEEK - Inspired Development Grp, LLC v. Inspired Products Grp., LLC, Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) - Our first patent case of the week is not, according to the Federal Circuit, a...more

Hogan Lovells

Copycat Flattened by Patent & Trade Dress Jury Verdict in Win for Tieks Shoes

Hogan Lovells on

The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more

Smart & Biggar

RxIP Update - 2016 Year in Review

Smart & Biggar on

The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights. 1. Substantive patent law developments - Utility and...more

BakerHostetler

Federal Circuit Holds Trademark Infringement Must Be Willful to Warrant Award of Infringer’s Profits, Highlighting Continuing...

BakerHostetler on

The Federal Circuit, applying Second Circuit trademark law, has weighed in on the issue of whether an infringer’s profits are recoverable absent a finding of willful infringement. In Romag Fasteners, Inc. v. Fossil, Inc....more

McDermott Will & Emery

Proceed with Caution: Navigating the Intersection Between Trade Secret and Patent Law - Foster v. Pitney Bowes Corp.

In a case illustrating the impact of permitting a patent application to be published, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s order granting defendant’s motion for judgment on the...more

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