Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. At the conclusion of the jury trial, the jury found Defendant liable for false advertising under the Lanham Act, 15 U.S.C.

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False Advertising Advertising Advertising Law 68

LexBlog IP

DECEMBER 21, 2022

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court.

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Patent Advertising Advertising Intellectual Property Law 52

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. 5,572,801 and 6,069,279.

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False Advertising Contracts Advertising Advertising 52

LexBlog IP

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

IP Tech Blog

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

Although this blog typically focuses on decisions rendered in intellectual property and/or antitrust cases currently in or that originated in the United States District Court for the District of Delaware or are in the Federal Circuit, every now and then there is a decision rendered in another federal trial or appellate court that is significant enough (..)

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Inventor Patent Intellectual Property Patent Law 91

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. First, it is important to understand what a trade secret is. in connection with an internal commercial use.”

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Confidentiality Invention Business Artistic Work 113

Patently-O

NOVEMBER 21, 2022

SoClean’s problem back in 2018 was how to protect these filters with intellectual property. The company had waited too long to file for patent protection and so it turned to trademark. And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit.

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Designs Design Registration Trademark 75

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. However, Amazon said that the case was about stopping shoppers in the UK/EU from seeing BHFP products, and Mr.

Trademark 59

Trademark Intellectual Property Branding Brands 59

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. However, Amazon said that the case was about stopping shoppers in the UK/EU from seeing BHFP products, and Mr.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery under the Lanham Act. A copy of the Memorandum Opinion is attached.

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Advertising Advertising Copying Technology 56

Indiana Intellectual Property Law

DECEMBER 23, 2022

Therefore, Plaintiff is seeking damages for Direct Patent Infringement in violation of 35 U.S. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a).

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Trademark False Advertising Patent Registration 52

IP Watchdog

NOVEMBER 15, 2021

Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit (CAFC).

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Technology Advertising Advertising Litigation 123

Kashishipr

OCTOBER 13, 2021

Productive Timeline : The filing of a provisional application gives the inventor an early filing date under which he has one entire year to contribute towards the development of the product, including its marketing, advertising, securing capital from investors, etc. For more visit: [link].

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Patent Application Patent Inventor Invention 105

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. First, it is important to understand what a trade secret is. ” See 35 U.S.C. § § 273.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

LexBlog IP

MARCH 17, 2024

Defendant Diamond Distribution then sued Crocs for defamation, false advertising, and related state torts. ” … The Court’s judgment did not rule on the validity of Crocs’ patent rights or find that Double Diamond was liable for patent infringement. Crocs moved to dismiss.

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False Advertising Settlement Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. and foreign patent prosecution and counseling in the technology areas of bioinformatics, mobile communications, e-commerce, database, and data processing.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

IIPRD

FEBRUARY 23, 2021

As a result of new technologies, and a rapid increase in innovation and creativity, intellectual capital has emerged as valuable assets for businesses. Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention.

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IP Intellectual Property Branding Brands 40

IP Tech Blog

DECEMBER 20, 2023

The Court rejected the second basis, noting that the allegations of induced infringement “relied solely on defendants’ proposed ANDA labels as the inducing conduct” — with no evidence of advertising or promotional materials that might otherwise support allegations of induced infringement.

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Patent Litigation Marketing Marketing 62

The IP Law Blog

OCTOBER 27, 2022

Plaintiff then moved to dismiss Defendant’s four newly added counterclaims in the FAC under Federal Rule of Civil Procedure 15 on grounds that Defendant failed to obtain Plaintiff’s consent or leave of court to file its FAC.

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False Advertising Patent Advertising Advertising 98

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

More Than Your Mark

FEBRUARY 11, 2019

It is illegal to sell drugs with advertised medical claims that are not FDA approved. A paragraph IV certification by the ANDA applicant triggers the Hatch-Waxman Act’s statutory scheme for resolving patent disputes involving a complicated approval window. Regulatory Exclusivity. Biosimilars.

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IP Marketing Marketing Invention 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Anything we are missing out on? Please let us know in the comments below.

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Trademark Registration Copyright Patent 59

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Effective July 1, 2021, the Honorable Colm F. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P. Stark, who served the District of Delaware well as Chief Judge since 2014.

False Advertising 75

False Advertising Patent Infringement Advertising Advertising 75

LexBlog IP

DECEMBER 20, 2023

The Court rejected the second basis, noting that the allegations of induced infringement “relied solely on defendants’ proposed ANDA labels as the inducing conduct” — with no evidence of advertising or promotional materials that might otherwise support allegations of induced infringement. § 271(a).

Patent 52

Patent Litigation Marketing Marketing 52

LexBlog IP

NOVEMBER 5, 2021

2021-1154] (November 5, 2021) the Federal Circuit affirmed the dismissal of a patent infringement action against defendants, MPI and Mylan Inc., In Celgene Corp. Mylan Pharmaceutics Inc., for improper venue, and against defendant Mylan N.V. for failure to state claim upon which relief can be granted.

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Litigation Patent Business Marketing 40

Delaware Intellectual Property Litigation Blog

NOVEMBER 24, 2021

Wishing you and yours a Happy Thanksgiving!

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False Advertising Patent Infringement Advertising Advertising 94

Delaware Intellectual Property Litigation Blog

DECEMBER 24, 2021

Wishing you and yours a Merry Christmas!

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False Advertising Patent Infringement Advertising Advertising 92

Delaware Intellectual Property Litigation Blog

JANUARY 1, 2022

Happy New Year 2022!

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False Advertising Patent Infringement Advertising Advertising 74

Delaware Intellectual Property Litigation Blog

MAY 31, 2021

In remembrance of those who gave the ultimate sacrifice for our freedom and appreciating those who serve our country.

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False Advertising Patent Infringement Advertising Advertising 53

SpicyIP

DECEMBER 17, 2023

Call for Submissions: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. 14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. Cisco Wins Patent Infringement Case Leading $2.75 DRS Logistics (P.)

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

SEPTEMBER 20, 2021

In this post , Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

SpicyIP

FEBRUARY 19, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. alleging infringement of its “Improved Earpiece” patent.

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Invention Music Art Patent Application 105

SpicyIP

OCTOBER 2, 2023

Other Posts Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Image from here Google adwords as trademarks. But clarity on the recognition of Product-by-Process within the Indian patent regime still seems distant writes Tejaswini in her take on the order.

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Licensing Trademark Intellectual Property IP 59