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Category: Willful infringement


Halloween Edition: Copyright for Banana Costume is upheld on A-Peel
October 30, 2019
Post by Brandon W. Clark
The Third Circuit recently held that a banana costume qualified for copyright protection as Rasta Imposta, a retail wholesaler of Halloween costumes, sued Kangaroo Manufacturing, a costume manufacturer, for copyright infringement, trade dress infringement, and unfair competition after Rasta discovered Kangaroo selling a banana costume that resembled one of Rasta’s costumes without a license. The costumes.......
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The Eagles Sue Hotel California
May 02, 2017
Post by Brandon W. Clark
On a dark desert highway, cool wind in my hair Warm smell of the courtroom, rising up through the air(sorry) Earlier this week, The Eagles sued a Mexico based hotel, aptly named Hotel California, alleging trademark infringement and unfair competition. The case, filed May 1, 2017, isEagles Ltd v Hotel California Baja LLC et al, U.S. District Court, Central District of California, No. 17-03276, and alleges.......
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Plan for the New Year, Maybe More Opinions of Counsel?
December 14, 2016
Post by Blog Staff
One of the most important US Supreme Court decisions in 2016 or in recent years is Halo Electronics Inc. v. Pulse Electronics Inc.  In Halo, the Supreme Court reshaped the law on enhanced damages by relaxing the standard for providing willful infringement and making it easier for patent owners to recover enhanced damages.   Before the Halo decision, obtaining enhanced damages for willful.......
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Supreme Court Issues Decision on Treble Damages
June 13, 2016
Post by Blog Staff
On the subject of willful infringement, 35 U.S.C. § 284 provides that, "[T]he court may increase the damages up to three times the amount found or assessed.‚¬ On its face, the statute allows for broad discretion by the district courts, but the Federal Circuit set out a stricter standard for awarding of enhanced damages, as In re Seagate Technology LLC. This test required clear and c.......
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Does Spotify Owe You Money? Streaming Service Sued for $150 Million in Unpaid Royalties
February 24, 2016
Post by Brandon W. Clark
Brandon W. Clark David Lowery, the frontman of Cracker and Camper Van Beethoven, has recently filed a class action lawsuit seeking at least $150 million dollars in damages against Spotify. Lowry alleges Spotify knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses. According to the complaint, which was fil.......
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Supreme Court to Review Willful Infringement Standard in Light of Octane Fitness
October 21, 2015
Post by Blog Staff
Paul S. Mazzola In the 2014 case of Octane Fitness v. ICON Health & Fitness, the Supreme Court overruled Federal Circuit jurisprudence and provided a flexible framework for district courts to grant attorney's fees in "exceptional cases"under 35 U.S.C. § 285. The Court reasoned that requiring a prevailing party to show "material inappropriate conduct"or that a case was both "object.......
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Another Billion Dollar Patent Verdict
January 03, 2013
Post by Blog Staff
Another billion dollar verdict has been handed out in a patent case. Read the verdict in Carnegie Mellon University v. Marvell Technology Group, LTD. here. This latest case continues a string of billion dollar verdicts highlighted by Jonathan Kennedy in the latest edition of MVS Briefs. Carnegie Mellon brought suit alleging infringement of two of its patents, Patent No. 6,201,839 and Patent No. 6,438,180, relat.......
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Remittitur without new trial requires legal error, not error as a matter of law
October 29, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit reversed a district court's reduction of the jury's damages award, remanding the case for a new trial on damages, and affirmed the jury's verdict of willful infringement and the district court's award of attorney fees under § 285. The district court held there was insufficient evidence as a matter of law to support the jury's damages award, so it .......
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First Circuit: Don't expect to win on appeal if you admit 7 of 8 likelihood of confusion factors
September 02, 2008
Post by Blog Staff
In a decision Friday, the First Circuit affirmed a district court's summary judgment of trademark infringement and an associated award of the defendant's profits and attorney fees to the plaintiff. The defendant used the plaintiff's registered marks in both the metatags of its website as well as in white text on a white background in the body of the site in an effort to cause consumers searching for t.......
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Irreparable harm to exclusive licensee cannot support injunction; willfulness vacated post-Seagate
August 20, 2008
Post by Blog Staff
In a decision Monday, the Federal Circuit addressed a range of issues and ultimately affirmed a district court's denial of injunctive relief and, in light of the intervening Seagate decision, vacated and remanded the case for reconsideration regarding willfulness. The court also affirmed the district court's finding of no invalidity and the infringement of some claims under the doctrine of equivalents. .......
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When market entry fee part of damages for patent infringement, permanent injunction inappropriate
January 21, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed a finding of infringement of a patent relating to the detection and classification of Hepatitis C Virus, but remanded the case for a determination of anticipation. In arguably the most interesting aspect of the decision, the court vacated the permanent injunction entered against the defendant. The plaintiff asked for and was awarded damages to compensate for th.......
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Jury verdict finding Microsoft's product activation systems infringed two patents affirmed
November 19, 2007
Post by Blog Staff
In a decision Friday, the Federal Circuit affirmed a district court's finding of infringement and no invalidity of patents relating to the reduction of software piracy. At issue was a finding of non-infringement based on the claim construction of claim limitations found in patents held by z4 Technologies. In affirming the district court decision, the court found that a reasonable juror could find that Micr.......
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Infringement and royalty rate affirmed; dismissal of willful infringement claim reversed
September 06, 2007
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed-in part a district court's grant of summary judgment of infringement of a patent, finding that the claims were properly held to include measuring devices that either directly or indirectly compare two signals to determine the proper measurement. The court reversed-in part the district court's damages award. The district court properly determined the rea.......
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En banc Federal Circuit scraps affirmative duty of care to avoid infringement
August 21, 2007
Post by Blog Staff
In a unanimous en banc decision issued late yesterday afternoon, the Federal Circuit granted a petition for mandamus requested by a party who was ordered by a district court to produce attorney-client privileged and work product protected material of its trial counsel, and to permit deposition of its trial counsel. The order was entered after the defendant disclosed it would rely upon an opinion of counsel as a.......
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Thursday at the Federal Circuit: en banc arguments on the duty of care and waiver of privilege
June 05, 2007
Post by Blog Staff
This Thursday, the Federal Circuit will sit en banc to hear oral argument in In re Seagate Technology LLC, a mandamus case regarding a district court's order to produce certain attorney-client privileged materials. (Update (6/7): the audio of the oral argument is now available online at this link.) Like in many patent cases, one of the defendants, Seagate, chose to obtain an opinion from counsel regarding .......
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Willful infringement affirmed; injunction vacated in light of eBay
April 13, 2007
Post by Blog Staff
The Federal Circuit affirmed a finding of willful infringement against a medical device manufacturer, but vacated a permanent injunction entered based on the old injunction standard to be reevaluated by the district court in light of the Supreme Court's decision in eBay v. MercExchange. The infringer obtained opinions of counsel regarding infringement at two different times. Initially.......
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Federal Circuit to decide scope of attorney-client privilege waiver en banc
January 26, 2007
Post by Blog Staff
The Federal Circuit this afternoon agreed to hear a case to determine the scope of the waiver of attorney-client privilege when advice of counsel is used to defend against a charge of willful infringement. The order in In re Seagate Technology, LLC, which can be found here, invites the parties to brief the following questions: (1) Should a party's assertion of the advice of counsel defense to willful infri.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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