Declaratory Judgment – SoCal IP Law Institute

SoCal IP Institute :: April 18, 2016 :: Mark Fails to Prove Acquired Distinctiveness at TTAB; Google Adwords Don’t Infringe

For our weekly SoCal IP Institute meeting on Monday, April 18, 2016, we will discuss the following cases: Ayoub, Inc. and Ayoub Supply, LLC v. ACS Ayoub Carpet Service (TTAB March 31, 2016) (citable decision) (available here). In an opposition proceeding, applicant could not demonstrate that "Ayoub" had acquired distinctiveness due to lack of substantially exclusive use, [...]

By SoCal IP|2016-04-15T10:53:10-07:00April 15th, 2016|Patent, Trademark, Acquired Distinctiveness, TTAB, Acquired Distintiveness, Claim Construction, Declaratory Judgment, Descriptiveness, Inherent Distinctiveness, Noninfringement, Opposition, Litigation|0 Comments

SoCal IP Institute :: January 27, 2014 :: Burden of persuasion of infringement in a declaratory judgment action and Contributory Infringement under the ACPA

Our weekly SoCal IP Institute meeting on Monday, January 27, 2014 will be a discussion of the burden of persuasion of infringement in a declaratory judgment action and contributory infringement under the ACPA . Brief synopses appear below. Medtronic, Inc. v. Mirowski Family Ventures LLC, Case No. 12-1128 (U.S. SCt. 1/22/2014) (available here). Mirowski owns patents [...]

By SoCal IP|2014-01-26T07:17:17-08:00January 26th, 2014|Patent, Declaratory Judgment|0 Comments

SoCal IP Institute :: October 21, 2013 :: Pharrell Williams And Will-I-Am in IP Dispute; Bentley Prevails in Trademark Dispute

Our weekly SoCal IP Institute meeting on Monday, October 21, 2013 will be a discussion of Singer-songwriter Pharrell Williams lawsuit for declaratory relief that his trademark "I am OTHER" company is not infringing on Will.i.am's "I AM" trademark. The complaint can be found here, and the Answer with Counterclaims can be found here. We will also [...]

By SoCal IP|2013-10-16T17:22:13-07:00October 16th, 2013|Ownership, Trademark, Damages, Declaratory Judgment, injunction, Likelihood of Confusion, Uncategorized, Copyright, Infringement|0 Comments

SoCal IP Institute :: December 10, 2012 :: Administrative Procedures Act and Claim Construction

We will be discussing two Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, December 10, 2012. Brief synopses are presented below. Pregis v. Kappos, Case No. 2010-1492, -1532 (Fed. Cir. December 6, 2012) (attached). In 2009, Pregis sued Free-Flow for declaratory judgment of invalidity and non-infringement of Free-Flow’s Patent Nos. 7,325,377, [...]

By SoCal IP|2012-12-07T22:46:54-08:00December 7th, 2012|Obviousness, Patent, Subject Matter Jurisdiction, Unenforceability, Claim Construction, Declaratory Judgment, Invalidity, Noninfringement|0 Comments

SoCal IP Institute :: November 26, 2012 :: Overcoming Prima Facie Obviousness and Standing

We will be discussing two Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, November 26, 2012. Brief synopses are presented below. Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc., Case No. 2011-1555 (Fed. Cir. November 15, 2012) (attached). This case involves a patent for offshore drilling technology that allows [...]

By SoCal IP|2012-11-21T23:36:26-08:00November 21st, 2012|Antitrust, Patent, Standing, Unenforceability, Damages, Declaratory Judgment, Invalidity, Noninfringement, Obviousness|0 Comments

SoCal IP Institute :: February 28, 2011

After a holiday week away, we invite you to join us for a SoCal IP Institute meeting, Monday, February 28 at Noon. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Amanda Jones by 9 am Monday. We will be discussing the following cases: ABB, [...]

By SoCal IP|2011-02-25T01:55:53-08:00February 25th, 2011|Declaratory Judgment, Copyright, Ownership, Subject Matter Jurisdiction, Chain of Title|0 Comments