Infringement – SoCal IP Law Institute

December 31, 2017 Deadline to File Online Designation of Agent with Copyright Office to Maintain DMCA Safe Harbor Protection

Have you registered your Safe Harbor agent with the Copyright Office’s new online agent designation system? To limit copyright infringement liability from user-posted content, most companies rely on the Safe Harbor protections of the DMCA (Digital Millennium Copyright Act). By December 31, 2017, you must register your designated agent online to maintain Safe Harbor benefits, [...]

By SoCal IP|2017-12-15T14:47:37-08:00December 15th, 2017|Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: December 18, 2017 :: Sanctionable 101 Arguments ; Oh the People You’ll Sue!

For our weekly SoCal IP Institute meeting on Monday, December 18, 2017, we will discuss the following cases: Inventor Holdings v. Bed Bath & Beyond, (CAFC, December 8,2017) (available here). Inventor Holdings sued Bed Bath & Beyond for infringement of several patents directed to methods of processing payments. The trial court granted Bed Bath & [...]

By SoCal IP|2017-12-13T10:13:34-08:00December 13th, 2017|Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: December 4, 2017 :: What are Reasonable Measures? ; Romance Novel Copyright Infringement

For our weekly SoCal IP Institute meeting on Monday, December 4, 2017, we will discuss the following cases: H.Q. Milton, Inc. v. Webster, (N.D. Cal November 22, 2017) (available here). Plaintiff owns an expensive watch store that sells vintage timepieces. Defendant, a former employee, started his own watch store allegedly misappropriating trade secrets such as [...]

By SoCal IP|2017-11-29T09:59:41-08:00November 29th, 2017|Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: November 27, 2017 :: TC Heartland in Action; Does Yelp Have to Divulge Who Posts?

For our weekly SoCal IP Institute meeting on Monday, November 27, 2017, we will discuss the following cases: In re Micron Technology, Inc., (CAFC November 15, 2017) (available here). Micron was sued for patent infringement and filed a motion to transfer for improper venue. The district court denied the motion, Micron petitioned for a writ [...]

By SoCal IP|2017-11-22T15:59:35-08:00November 22nd, 2017|Infringement|0 Comments

SoCal IP Institute :: November 20, 2017 :: Ensnarement with Medical Devices; Software and the Communications Decency Act

For our weekly SoCal IP Institute meeting on Monday, November 20, 2017, we will discuss the following cases: David Jang v. Boston Sci Corp., (C.D.Cal September 29, 2017) (available here). David Jang patented an intravascular stent and sued Boston Science Corporation for infringement. After almost 10 years of litigation, the district court denied Dr. Jang’s [...]

By SoCal IP|2017-11-17T09:02:08-08:00November 16th, 2017|Infringement|0 Comments

SoCal IP Institute :: November 13, 2017 :: Comic Con and the 1st Amendment; Likelihood of Confusion

For our weekly SoCal IP Institute meeting on Monday, November 13, 2017, we will discuss the following cases: Dan Farr Productions v. United States District Court, (9th Cir. October 10, 2017) (available here). In a trademark dispute over who may actually use the term "Comic Con", the Southern District of California gave a “Suppression Order” [...]

By SoCal IP|2017-11-13T13:03:47-08:00November 9th, 2017|Litigation, Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: November 6, 2017 :: Disputes Over College and Battery Trademarks

For our weekly SoCal IP Institute meeting on Monday, November 6, 2017, we will discuss the following cases: Savannah College of Art and Design, Inc. v. Sportswear, Inc. , (S.D. Ohio October 3, 2017) (available here). Defendant owned a website where it sold sports apparel affixed with the plaintiff’s trademark for “SCAD” and “SAVANNAH COLLEGE [...]

By SoCal IP|2017-11-01T13:08:17-08:00November 1st, 2017|Litigation, Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: October 16, 2017 :: CAFC Makes it Easier to Amend Claims During IPR ; Right of Publicity and Copyright Law

For our weekly SoCal IP Institute meeting on Monday, October 16, 2017, we will discuss the following cases: Aqua Products, Inc. v. Matal, (CAFC October 4, 2017) (available here). In a very fractured decision, the CAFC found 35 U.S.C § 316(e) requires the petitioner to prove all propositions of unpatentability, (including amended claims). Aqua sued [...]

By SoCal IP|2017-10-11T11:51:53-08:00October 11th, 2017|Litigation, Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: June 12, 2017 :: Changes to Patent Venue and Google Is Still Not a Generic Term

For our weekly SoCal IP Institute meeting on Monday, June 12, 2017, we will discuss the following cases: TC Heartland LLC v. Kraft Foods Group Brands LLC (Supreme Court, March 27, 2017) (available here). Kraft Foods sued TC Heartland for patent infringement in Delaware. The district court denied TC’s motion to dismiss or transfer venue. TC [...]

By SoCal IP|2017-06-09T12:05:03-08:00June 9th, 2017|Infringement, Patent, Trademark, indefiniteness, Infringement, Inherent Distinctiveness, Noninfringement|0 Comments

SoCal IP Institute :: May 8, 2017 :: Means-Plus-Function Standard and No Summary Judgment for Trade Dress Infringement

For our weekly SoCal IP Institute meeting on Monday, May 8, 2017, we will discuss the following cases: Williamson v. Citrix Online, LLC (Fed. Cir., June 16, 2015) (available here). In the original panel opinion for this case, the majority held that use of the word “module” does not invoke means-plus-function language in patent claims, such that the [...]

By SoCal IP|2017-05-04T11:16:24-08:00May 4th, 2017|Patent, Trade Dress, Trademark, indefiniteness, Infringement, Inherent Distinctiveness, Noninfringement, Acquired Distinctiveness|0 Comments