For our weekly SoCal IP Institute meeting on Monday, May 13th, 2019, we will discuss the following cases:
Swagway v Segway and ITC., (CAFC May 9th 2019) (Available Here). Segway sued Swagway for trademark infringement on two marks related to “motorized, self-propelled, wheeled personal mobility devices, namely, wheelchairs, scooters, utility carts, and chariots”. Swagway argued that because the two marks had coexisted for over two years, Segway should have been forced to show actual confusion because a likelihood of confusion would have manifested as actual confusion given how long the marks had been used. The court rejected this argument.
Amgen Inc. v. Sandoz Inc (CAFC April 10, 2019) (Available Here) Amgen filed a lawsuit for patent infringement under the Biologics Price Competition and Innovation Act 42 U.S.C. § 262. The district court construed claims of U.S. Patents 6,162,427 (the “’427 patent”) and 8,940,878 (the “’878 patent”), and granted summary judgment of noninfringement. The Federal Circuit affirmed also holding that the use of the doctrine of equivalents should only be used in exceptional cases.
All are invited to join us on Monday May 13th, 2019, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.