Articles News & Research

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.

Monday, January 22, 2018

U.S. District Judge Paula Xinis granted in part and denied in part the defendants’ motion to dismiss in a lawsuit in which the plaintiff asserted claims of copyright infringement, false advertising, and misappropriation of trade secrets.  The complaint alleged unauthorized downloading of the plaintiff’s customer list and proprietary database content,.

Tuesday, January 2, 2018

In a case demonstrating the importance of complying with express deadlines set forth in the Federal Rules of Civil Procedure, U.S. Magistrate Judge Beth P.

Monday, November 6, 2017

U.S. District Court Judge Paula Xinis granted defendant Panasonics’ Rule 12(b)(6) motion to dismiss for failure to state a claim because plaintiff Burnett’s patent was directed to abstract ideas under Section 101 of the patent statute.  Applying the two-step inquiry of the U.S. Supreme Court’s Alice Corp. Pty. v.

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