The TTABlog

JUNE 28, 2023

10, 2022) [pdf here ], wherein the Board found confusion likely between Spireon's mark FL FLEX for electronic devices for tracking the location of mobile assets, and Flex's registered marks FLEX , FLEX (Stylized) , and FLEX PULSE for supply chain and logistics management services. Spireon, Inc. Opposition No. 91252138 (Feb. Spireon, Inc.

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43(B)log

SEPTEMBER 2, 2021

3, 2021) A proposed class action against Owlet’s Smart Sock pulse oximeter sought to cure earlier defects by alleging that other pulse oximeters were used differently (and not on babies’ feet). Based on the allegations, it was impossible to compare that with what a reasonable consumer would expect from pulse oximeter devices.

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IP Law 360

APRIL 13, 2023

billion intellectual property trial in California federal court over pulse oximetry features in the Apple Watch, denying Apple hired the plaintiffs' chief technology officer to steal the smaller companies' trade secrets. The vice president of Apple's hardware technologies group took the stand Thursday in Masimo Corp.

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Technology & Marketing Law Blog

OCTOBER 12, 2021

This case involves the murder of 49 people, and wounding of dozens of others, at the Pulse Nightclub in Orlando. The court says the attack wasn’t an act of “international terrorism” pursuant to the federal statute. ISIS took credit for the murders. A case also involving that attack, Crosby v. Twitter , failed.

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Patently-O

JANUARY 12, 2024

by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and tech giant Apple regarding Apple’s adjudged infringement of Masimo’s pulse oximetry patents in its Apple Watch. ” See Standard Havens Prods., Gencor Indus., 2d 511 (Fed.

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43(B)log

FEBRUARY 1, 2024

29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s ATMs at 7-Eleven stores. Instead, the court applied a presumption of reliance. 3d -, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Second, causation is required.

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Delaware Intellectual Property Litigation Blog

OCTOBER 10, 2021

By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. Supreme Court’s decision in Halo Elecs., Pulse Elecs., Thus, on appeal, the Federal Circuit reviews a district court’s decision to award enhanced damages for an abuse of discretion.

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SpicyIP

OCTOBER 30, 2023

Case Summaries Smithkline Beecham Limited vs Maxivision Eye Hospitals Private Ltd on 20 October, 2023 (Delhi High Court) Delhi High Court passed an ad interim injunction against the defendant for using the plaintiff’s GSK mark. Ustad Faiyaz Wasifuddin Dagar vs Mr. A.R.

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LexBlog IP

OCTOBER 10, 2021

By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. Supreme Court’s decision in Halo Elecs., Pulse Elecs., Thus, on appeal, the Federal Circuit reviews a district court’s decision to award enhanced damages for an abuse of discretion.

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Patent Infringement Copying Patent Law 52

The TTABlog

AUGUST 16, 2023

The court found that the Board erred in its analysis of the strength of opposer's FLEX mark. The court also noted an inconsistency in the Board's analysis of the conceptual strength of opposer's FLEX mark. The court affirmed all other aspects of the Board's Section 2(d) analysis. Bad Elf, LLC v. 2022-1839 (Fed Cir. Flex Ltd. ,

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Patently-O

FEBRUARY 10, 2022

The court explained that in that situation, “pricing and contracting negotiations in the United States alone do not constitute or transform those extraterritorial activities into a sale within the United States for purposes of §271(a).” Pulse Elecs., ” Halo Elecs., 3d 1369 (Fed. 2016) on remand from 579 U.S.

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Patently-O

SEPTEMBER 28, 2021

It also adds further to the complexity of Federal Circuit doctrine on enhanced damages — despite the Supreme Court’s warning against an “unduly rigid” approach in Halo Elecs., Pulse Elecs., The district court then doubled the damage award in accordance with 35 U.S.C. § 1923 (2016). 3d 1367 (Fed.

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Patently-O

MARCH 20, 2022

Supreme Court 2022) [ Petition for Writ of Certiorari ]. Here, the district court relied upon the jury verdict and doubled the damage award as permitted by 35 U.S.C. § Thus, the court reinstated the jury’s finding of willfulness, and also reinstated the award of enhanced damages. Pulse Electronics, Inc. , 284. . §

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Patently-O

JANUARY 25, 2022

The district court ordered the defendant to “take all necessary steps to prevent publication” of those applications or resulting patents. How does it work : The LED emitter sends out a pulse of light through the fingertip; a sensor on the other side then measures how much light passed through at various wavelengths.

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The IP Law Blog

MAY 14, 2021

The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support. The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds. Quick answer: no!

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Patently-O

NOVEMBER 9, 2023

Challengers must either challenge 102/103 invalidity via PTAB or court, not both (only on prior patents or printed publication grounds). Kiani testified that his pulse oximetry technology was copied and patents challenged once he proved that the technology worked. Broadening estoppel. Limiting repeat challenges of the same patent.

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Patently-O

SEPTEMBER 28, 2023

The ’218 patent relates to an adaptive alarm system for use with pulse oximetry sensors in patient monitoring. On appeal, the court found this consistent with the plain claim language under Phillips v. A common problem is nuisance alarms generated when oxygen saturation briefly goes outside preset limits. 3d 1303 (Fed.

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The IP Law Blog

JANUARY 27, 2022

At some point after leaving Masimo, Dr. Lamego founded True Wearables where he developed the Oxxiom pulse oximeter and filed patent applications on certain aspects of its design. The District Court for the Central District of California evaluated the Winter factors to determine whether to grant the motion for preliminary injunction.

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LexBlog IP

JANUARY 27, 2022

At some point after leaving Masimo, Dr. Lamego founded True Wearables where he developed the Oxxiom pulse oximeter and filed patent applications on certain aspects of its design. The District Court for the Central District of California evaluated the Winter factors to determine whether to grant the motion for preliminary injunction.

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Patent Application Patent Designs Design 52

LexBlog IP

NOVEMBER 22, 2021

In China, a Shenzen court in Shenzhen Tencent Computer System Co., This approach by the Chinese court is a noticeable departure from U.S. Slater , where the court determined that photographs taken by a macaque monkey of himself were not copyrightable on the grounds that the monkey “author” was not human.

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Patently-O

DECEMBER 27, 2023

by Dennis Crouch The patent battle between Masimo and Apple over pulse oximetry technology in the Apple Watch took a new turn on December 27th. Court of Appeals for the Federal Circuit. The dispute focuses on patents held by light-based pulse-oximetry innovator Masimo, and the ITC’s conclusion.

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IP Watchdog

DECEMBER 18, 2023

Apple confirmed to media outlets on Monday that it will halt sales of certain Apple watches following the October International Trade Commission (ITC) ruling issuing a limited exclusion (LEO) order against the products.

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TorrentFreak

OCTOBER 3, 2022

In an early case, movie company Reliance Entertainment went to court to protect the movie ‘Singham’ and came away with an order that compelled ISPs to temporarily block sites including Megaupload, Megavideo, Rapidshare, Putlocker, Hotfile and Fileserve. Reliance Entertainment: An Early Site-Blocking Pioneer.

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LexBlog IP

FEBRUARY 28, 2022

The Court of Appeals did so despite evidence that a widely circulated and cited paper on statistics had disclosed an equivalent algorithm, because the defendant failed to show that others in Masimo’s particular field (or a related field) were aware of the paper. Court of Appeals for the Federal Circuit, Case No. Masimo Corp.

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SpicyIP

JULY 19, 2021

In this guest post , Nishtha Gupta analyses the Delhi High Court’s recent decision refusing to stay the release of the film ‘Nyay: The Justice’ which is allegedly based on the life of late Bollywood actor Sushant Singh Rajput. She highlights that the Court refused to afford post mortem protection to personality rights of the actor.

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LexBlog IP

DECEMBER 15, 2022

Court of Appeals for the Sixth Circuit just issued an opinion in Caudill Seed & Warehouse Co. In the culmination of a nearly-decade long dispute, the Sixth Circuit affirmed the verdict and several rulings by the district court about the viability of trade secrets arising from the collective research for those broccoli seeds.

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LexBlog IP

MAY 12, 2023

District Court Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio went a step further and set aside the entire jury verdict, reasoning that CODA Devlopment had not sufficiently identified its trade secrets or that the information did not qualify as a trade secret. However, U.S. In Dental Services v.

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Patently-O

DECEMBER 26, 2023

With no action from the White House, Apple now faces a federal government order to halt imports and sales of Apple Watch Series 9 and Ultra 2 devices because it incorporates light-based pulse oximetry technology covered by the claims of Masimo’s U.S. Historically courts regularly issued injunctions to protect the patent monopoly.

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43(B)log

FEBRUARY 28, 2022

Actual confusion: The court rejected most of Healthvana’s purported “hundreds of instances of actual confusion.” The marketplace itself differed: Healthvana’s mark was on an app, and Telebrands’ in the physical market. Similarity only weighed “very slightly” in favor of confusion.

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