Articles News & Research

Wednesday, May 30, 2018

In response to a cease-and-desist (C&D) letter from Coach, Inc. threatening to bring a trademark infringement action on a specific date in the Central District of California, Citi Trends, Inc. attempted to preempt Coach by filing a declaratory judgment action in the U.S.

Wednesday, May 23, 2018

The Maryland State Bar Association’s May 15, 2018 Bar Bulletin published an article authored by David S. Taylor of Berenato & White entitled “The Name of the Game is the Claim.” The article centers on a recent Maryland District Court decision weighing in on patent-eligible subject matter under 35 U.S.C.

Tuesday, May 15, 2018

In a patent infringement action brought against baseball camps and clinics of retired Oriole legend Cal Ripkin (“CRJ”), CRJ moved for summary judgment of non-infringement of plaintiff’s two patents directed to a system for dispensing items (e.g., baseballs) to a user.  The claimed system included (1) a readable user-identifier con

Monday, May 14, 2018

In SAS Inst. Inc. v. Iancu, No. 16-969, 584 U.S. ___ (Apr. 24, 2018), the U.S. Supreme Court, in a 5-to-4 decision, held that certain U.S.

Wednesday, April 25, 2018

As part of the America Invents Act, Congress established inter partes review (“IPR”), which went into effect in 2012.   IPR allows a challenge to the validity of one or more claims of a patent on the grounds that the claims do not meet the novelty or nonobviousness standards for patentability in view of prior art patents or printe

Tuesday, April 3, 2018

In an opinion addressing patent invalidity under 35 U.S.C. § 101, U.S. District Judge Marvin J. Garbis granted the defendant’s motion to dismiss for failure to state a claim on the ground that the claims of four U.S.

Wednesday, March 14, 2018

Plaintiff Under Armour, Inc., a Maryland corporation, filed a lawsuit seeking a declaratory judgment that its use of the phrases “I Can Do All Things” and “I Can. I Will.” does not infringe on the “ICAN” trademark of Battle Fashions, Inc, located in North Carolina.  Defendants moved to dismiss the lawsuit for lack of personal jurisdiction.  United State District Judge Richard D.

Friday, February 9, 2018

BMG, a music publishing company, brought a lawsuit against Cox Communications, Inc., an Internet Service Provider (“ISP”), asserting that Cox was contributorily liable for infringement of BMG’s copyrights due to actions of certain subscribers to Cox’s Internet service.  The district court instructed the jury that Cox could be liable for contributory infringement if the jury found “Cox knew or should have known of such infringing activity” by its

Tuesday, February 6, 2018

Cox Communications, Inc., an Internet Service Provider (“ISP”), appealed a district court’s ruling that Cox was not entitled to the safe harbor defense contained in the Digital Millennium Copyright Act (“DMCA").  To qualify for the safe harbor, an ISP must show it “adopted and reasonably implemented … a policy that provides for th

Wednesday, January 24, 2018

Chief Judge James K.