Our weekly SoCal IP Institute meeting on Monday, November 2, 2015, will be a discussion of the following cases:
Multi Time Machine, Inc. v. Amazon, Inc. (9th Cir. October 21, 2015) (available here). Multi Time machine sued Amazon for trademark infringement, alleging that a customer’s search of “MTM Special Ops” resulted in photographs and links to plaintiff’s competitor’s products. The district court granted summary judgment in favor of Amazon. On appeal, the 9th Circuit affirmed the ruling in favor of Amazon.
Novartis Corp. v. Webvention Holdings, LLC & Webvention, LLC (D. Maryland October 28, 2015) (available here). Webvention acquired a patent, and sued numerous defendants, including Novartis, alleging patent infringement. The patent was subject to a reexam and Webvention filed an IDS after some of the claims survived reexam. The claims Webvention asserted against Novartis were rejected. Following the rejection, Webvention filed a covenant not to sue Novartis, and then dismissed the case. Novartis brought a motion for attorney fees under 35 U.S.C 285, and the court granted Novartis’ motion.