United States Articles | Intellectual Property Law

Mission Product Holdings, Inc. v Tempnology, LLC [2019] HIPL 96 (SCUSA)

Petitioner Mission Product Holdings, Inc., entered into a contract with Respondent Tempnology, LLC, which gave Mission a license to use Tempnology's trademarks in connection with the distribution of certain clothing and accessories. Tempnology filed for Chapter 11 bankruptcy and sought to reject its agreement with Mission. Section 365 of the Bankruptcy Code enables a debtor to "reject any executory contract"—meaning a contract that neither party has finished performing. 11 U. S. C. §365(a).

By Derek Harms SC|2021-07-13T19:18:10+02:0013 July 2021|Case Law & Judgements, United States|

Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust v Led Zeppelin [2019] HIPR 90 (USCA)

In late 1966, a musician named Randy Wolfe wrote the song “Taurus”. A copyright for Taurus was filed in December 1967 and listed Randy Wolfe as the author. The band, Led Zeppelin, formed in 1968, performed at the same time as the band (Spirit) of which Randy Wolfe was a member. In late 1971, Led Zeppelin released its fourth album, one of the tracks on which was the hit classic “Stairway to Heaven,” which was written by two of the members of the group.

By Derek Harms SC|2021-07-13T19:15:32+02:005 July 2020|Case Law & Judgements, United States|

Merck Sharp & Dohme Corp v Actavis Laboratories FL Inc [2017] HIPR 44 (DCNJ)

This matter came before the Court on plaintiff Merck Sharp & Dohme Corp.'s ("Merck") motion for partial summary judgment on defendant Actavis Laboratories FL, Inc., Andrx Corp., and Actavis Pharma, Inc.'s (collectively "Actavis") inherent anticipation defense to claim 12 of U.S. Pat. 5,661,151 (the "'151 patent") (see Dkt. No. 89). The '151 patent is directed to synthesis and clinical use of an antifungal compound, posaconazole, which is used for treating and/or preventing fungal infections.

By Derek Harms SC|2021-07-13T19:13:43+02:005 July 2020|Case Law & Judgements, United States|

Landau v Eisenberg [2019] HIPR 80 (USCA)

The United States Court of Appeals for the Second Circuit on May 1, 2019, upheld an arbitration award in a trademark dispute over the use of the mark “Bobov” within a Hasidic Jewish community. Landau v. Eisenberg, 2d Cir., No. 17-3963, 5/1/19.

By Derek Harms SC|2021-07-13T19:12:11+02:005 July 2020|Case Law & Judgements, United States|

IBM Corporation v Andrei Iancu – United States Patent and Trademark Office [2019] HIPR 73 (USCA)

The Court of Appeals for the United States Federal Circuit held that the Patent Trial and Appeal Board (PTAB) must reconsider its decision to invalidate the International Business Machines Corporation’s (IBM) U.S. Patent.

By Derek Harms SC|2021-07-13T19:10:21+02:005 July 2020|Case Law & Judgements, United States|

Heartland LLC v Kraft Foods Group Brands LLC [2017] HIPR 22 (SCUSA)

The patent venue statute, 28 U. S. C. §1400(b), provides that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business."

By Derek Harms SC|2021-07-13T19:07:14+02:005 July 2020|Case Law & Judgements, United States|

Fourth Estate Public Benefit Corp v Wall-Street.Com LLC [2019] HIPR 65 (SCUSA)

Petitioner Fourth Estate Public Benefit Corporation (Fourth Estate), a news organization, licensed works to respondent Wall-Street.com, LLC (Wall-Street), a news website. Fourth Estate sued Wall-Street and its owner for copyright infringement of news articles that Wall-Street failed to remove from its website after canceling the parties' license agreement.

By Derek Harms SC|2021-07-13T13:02:19+02:005 July 2020|Case Law & Judgements, United States|

Bowman v Monsanto Co [2013] HIPR 18 (SCUSA)

Respondent Monsanto invented and patented Roundup Ready soybean seeds, which contain a genetic alteration that allows them to survive exposure to the herbicide glyphosate. It sells the seeds subject to a licensing agreement that permits farmers to plant the purchased seed in one, and only one, growing season.

By Derek Harms SC|2021-07-13T13:00:00+02:005 July 2020|Case Law & Judgements, United States|

Athena Diagnostics, Inc v Mayo Collaborative Services, LLC [2019] HIPR 86 (USCA)

The appellant (“Athena Diagnostics”) was the exclusive licensee of the ’820 patent, covering methods for diagnosing neurological disorders by detecting antibodies to a certain protein (“MuSK”). Athena also marketed a test called FMUSK that evaluated those antibodies.

By Derek Harms SC|2021-07-13T12:57:09+02:005 July 2020|Case Law & Judgements, United States|