Intellectual Property

Forum US, Inc. v. Flow Valve, LLC et al. (FC Docket No. 2018-1765; June 17, 2019) ~ Forum filed DJ action, DC granted SJ to Forum for lack of WD, FV appealed ~ U.S. 8,215,213 relates “to supporting assemblies” (“arbors”) “for holding a workpiece” ~ Reissued as RE45,878 with seven new claims including “arbor-less embodiment”; FV argued skilled artisan would understand from specification that arbors are optional (including expert declaration) ~ FC panel explained that “for broadening reissue claims,” it is not enough “that an invention…was suggested or indicated in the specification” (Indus. Chem., US 1934; Corbin, US 1893; Antares,…
Regents of the Univ. of Minnesota v. LSI Corp. et al. (Gilead Sci. Inc., intervenor) Docket Nos. 2018-1560-65 (IPR2017-01068, -01186, -01197, -01200, -01213, -01214, -0129) DYK, WALLACH, HUGHES June 14, 2019 Brief summary: FC panel concluded “that state sovereign immunity does not apply to IPR proceedings”. Summary: UMN appealed Board refusal to dismiss multiple IPR petitions “alleged to be improper because states supposedly enjoy sovereign immunity in IPR proceddings.” The IPRs relate to six of UMN’s patents relating to particular types of telecommunications chips. UMN sued LSI And Ericsson for infringement and each separately petitioned for IPR, alleging unpatentability for…
Easton v. Primal Wear, Inc., No. 17 C 6081, Slip Op. (N.D. Ill. Mar. 29, 2019) (Tharp, J.). Judge Tharp denied the plaintiffs’ (collectively “Primal Mode”) Fed. R. Civ. P. 56 motion for summary judgment and defendant Primal Wear’s Fed. R. Civ. P. 12(b)(1) & (6) motion to dismiss in this Lanham Act trademark infringement and unfair competition case involving Primal Mode’s PRIMAL MODE marks and Primal Wear’s PRIMAL and PRIMAL WEAR marks. Of particular note, the Court held as follows: Primal Wear did not meet its burden of proving that Primal Mode abandoned its mark by not having sold…
By Doni Robinsondoni@jayaramlaw.com Fans of Rihanna are likely aware of her tremendously successful makeup line, FENTY BEAUTY, which launched in in September 2017. Some may even be aware that the name itself came from the star’s last name – Robyn Rihanna Fenty. As any good brand owner does, Rihanna applied for several FENTY trademarks as early as June 2014 covering everything from her beauty line, to her apparel and upcoming luxury fashion line. Rihanna’s strained relationship with her father has been something she has spoken about in the past. Thus, it came as no surprise to many that in…
By Palak V. Patelpalak@jayaramlaw.com Cloud Gate, colloquially known as the Bean, is one of the most prominent symbols of Chicago. The artist, Anish Kapoor, has gained widespread recognition for designing the iconic Millennium Park sculpture.  However, in art circles, Kapoor is known as a divisive figure due to his monopoly on the “blackest black” color. Kapoor is the sole artist that has access to Vantablack acrylic paint. Vantablack is so dark that it absorbs 99.96% of light. Kapoor uses this nearly pure black paint to create the illusion of a void. Artists have been outraged and confused as to…
Dr. Falk Pharma GmbH v. Generico, LLC et al., Salix Pharm. v. Mylan Pharm. Docket 2017-2312 (IPR2016-00297, -01386, -01409); 2017-2636, 2018-1320 LOURIE, LINN, WALLACH June 12, 2019 Non-precedential Brief summary: Board’s IPR obviousness determination affirmed and Salix’s appeal of DC holding of non-infringement dismissed as moot. Summary: Dr. Falk and exclusive licensee Salix appealed Board IPR obviousness decision and DC holding of non-infringement of US 8,865,688 directed to “[a] method for maintaining the remission of ulcerative colitis” using a “granulated mesalamine formulation”, administered without food or antacids, where “remission is defined as a” Sutherland Disease Activity Index1 (DAI) “score of…
Quan v. Ty, Inc., No. 17 C 5683, Slip Op. (N.D. Ill. Mar. 20, 2019) (Kennelly, J.). Judge Kennelly denied defendant Ty’s Fed. R. Civ. P. 56 motion for summary judgment as to equitable estoppel and abandonment regarding plaintiffs’ patent and copyright infringement claims regarding a plush seal that Ty marketed as “Wiggy.” Of particular note, the Court held as follows: The fact that Ty eventually learned of plaintiffs’ copyrights, at least when the Chinese government seized a shipment of Ty’s goods, does not mean that Ty knew about the alleged rights at the time of manufacture. The Court held…
By Vivek Jayaramvivek@jayaramlaw.com It’s an inevitable scenario for most large companies: an employee signs a confidential separation agreement upon being terminated.  The employee — irate — logs onto Glassdoor.com and airs her grievances (and the company’s dirty laundry) anonymously on the company’s Glassdoor page. The C-suite is fuming.  They march into the GC’s office: “didn’t we tell you to make sure the separation agreement prohibited her from saying bad stuff about us?” Hopefully, our GC included a non disparagement or “no negative statements” clause to the agreement.  If she did, then the identity of the poster is likely discoverable.…
By Julia Broder julia@jayaramlaw.com The phrase ‘work-life balance’ is slowly phasing out of the corporate lexicon as new research encourages employers to pursue holistic company policies regarding their employees’ wellness. Like the old model of “balance,” the new “effectiveness” model allows employees to prioritize their personal and professional time. Unlike the “balance” approach, it does not insinuate that employees must designate equal, in-flexible amounts of time to both areas of life. This flexibility maximizes the quality of their work product. The Catalyst Organization defines Work-Life Effectiveness as a “talent management strategy that focuses on doing the best work at the…
By Alec Schulmanalec@jayaramlaw.com Copyright. The Constitution. A sunken pirate ship. The Supreme Court. On Monday, June 3, 2019, the Supreme Court chose to hear a case involving a copyright infringement claim brought by a videographer against the state of North Carolina for publishing the plaintiff’s footage and photographs without the plaintiff’s permission. The subject of those videos and photographs?  Blackbeard’s sunken pirate ship. In short, the State of North Carolina published the videographer’s work on the internet without the author’s consent. In 2013, the parties had seemed to reach a settlement under which North Carolina would cease infringing the…
VitalGo, Inc. v. Kreg Therapeutics, Inc., No. 16 C 5577, Slip Op. (N.D. Ill. Mar. 27, 2019) (Dow, J.). Judge Dow granted in part defendant Kerg’s Fed. R. Civ. P. 12(b)(6) & 12(f) motion to strike portions of plaintiff VitalGo’s Second Amended Complaint (SAC) and to dismiss VitalGo’s claims with prejudice in this Lanham Act and copyright case related to Kreg’s Catalyst Lift Bed products. Of particular note, the Court held as follows: The Court struck those portions of VitalGo’s SAC that related to the Total Lift Bed, not Kreg’s Catalyst Lift Bed. The Court previously dismissed the claims related…
According to the American Veterinary Medical Association, the temperature inside a car on a 70 degrees F day can reach 99 degrees F in twenty minutes. So time is of the essence to free an animal from a locked hot car by breaking in to rescue it, but can you be a Good Samaritan to save the pet’s life without civil liability for damages to the vehicle entered? The answer is yes, if you live in one of the fourteen states that have laws on the books to protect anyone who takes action to save a life. Arizona, California,…
According to the American Veterinary Medical Association, the temperature inside a car on a 70 degrees F day can reach 99 degrees F in twenty minutes. So time is of the essence to free an animal from a locked hot car by breaking in to rescue it, but can you be a Good Samaritan to save the pet’s life without civil liability for damages to the vehicle entered? The answer is yes, if you live in one of the fourteen states that have laws on the books to protect anyone who takes action to save a life. Arizona, California,…
Packers Plus Energy Services Inv. v. Baker Hughes Oilfield Operations, LLC Docket 2018-1490 (IPR2016-01099) LOURIE, LINN, WALLACH June 10, 2019 Non-precedential Brief summary: IPR decision of nonobviousness affirmed for certain claims but vacated as one other Summary: Packer Plus (PP) appealed Board IPR decision finding claims 1-29 of Baker Hughes’s (BH) US 6,006,838 directed to oil and gas well assemblies not obvious. PP argued “that the Board erred by construing the limitation ‘over the jetting passageways’ to mean ‘covering the jetting passageways’” by “imposing a structural relationship…rather than the functional relationship” to the claimed assembly. The FC panel found no…
Fair Isaac Corp. v. Trans Union, LLC, No. 17 C 8318, Slip Op. (N.D. Ill. Mar. 27, 2019) (Coleman, J.). Judge Coleman granted in part defendant Trans Union’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff FICO’s amended complaint and denied Trans Union’s Fed. R. Civ. P. 12(e) alternative motion for a more definite statement in this antitrust, Lanham Act unfair trade practices and related state law claims involving FICO’s credit score algorithms Of particular note, the Court held as follows: FICO’s breach of contract claims survived because they identified a purported contractual duty and that Trans Union alleged…
Fair Isaac Corp. v. Trans Union, LLC, No. 17 C 8318, Slip Op. (N.D. Ill. Mar. 27, 2019) (Coleman, J.). Judge Coleman granted in part plaintiff FICO’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant Trans Union’s counterclaims in this antitrust, Lanham Act unfair trade practices and related state law claims involving FICO’s credit score algorithms. Of particular note, the Court held as follows: Trans Union sufficiently pled its antitrust claims. Trans Union alleged that FICO engaged in practices intended to drive out competition and that FICO’s exclusive dealings are allegedly unlawful attempts to maintain monopoly power. The Court…