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Infringement finding and denial of permanent injunction in favor of ongoing royalty affirmed

In a decision today, the Federal Circuit affirmed a jury verdict finding infringement under the doctrine of equivalents of a patent relating to hybrid engines used in motor vehicles. The court also affirmed the district court's denial of a permanent injunction and its award of an ongoing royalty on infringing vehicles, rejecting the argument that […]

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Contempt proceedings proper, but filing ANDA not within scope of injunction, so no contempt

In a decision yesterday, the Federal Circuit affirmed a district court's decision to hold a contempt proceeding for a defendant's alleged violation of an injunction "barring it from commercially manufacturing, using, selling, offering to sell, or importing into the United States generic divalproex sodium infringing" two patents. The court also affirmed the district court's decision […]

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Injunction against trademark “disparagement” reversed; no such claim under the Lanham Act

In a decision yesterday, the Ninth Circuit vacated a preliminary injunction preventing an individual from "making any comments that could be construed as to disparage" a possible trademark and logo. The court concluded that the injunction was improperly granted since the plaintiff failed to present a likelihood of success on the merits by failing to […]

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Finding of infringement of two patents affirmed, one reversed, damages award vacated

In a highly anticipated recent decision, the Federal Circuit affirmed the judgment of infringement against Vonage with respect to two Verizon patents, holding that the district court did not err in its construction of the disputed claim terms and that the claims were not obvious. With respect to a third patent, the Federal Circuit held […]

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Injunction against patentee’s assertions of infringement reversed, bad faith standard not met

In a decision last week, the Federal Circuit vacated a preliminary injunction after finding that the district court abused its discretion. The district court enjoined a patent owner from any future correspondence with any existing or potential customers of an alleged infringer (started by former employees of the patent owner), essentially stopping the patentee from […]

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Tenth Circuit: Post-sale confusion relevant, but denial of injunction still affirmed

In a decision rendered yesterday, the Tenth Circuit affirmed a district court's denial of a preliminary injunction in a trade dress infringement case. The Tenth Circuit did join multiple other circuits in holding that post-sale confusion can be relevant to a claim of trade dress infringement. Evidence of post-sale confusion, however, was still insufficient evidence […]

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Federal Circuit affirms finding of no anticipation or obviousness, no mention of KSR to be found

The Federal Circuit yesterday affirmed a decision by the District Court for the District of Delaware upholding the validity of Reissue Patent 34,712 ("the '712 patent") and the injunction preventing infringement of the '712 patent. Specifically, the court affirmed the district court's decision that the prior art reference relied upon for the defendants' anticipation argument […]

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Ninth Circuit: No confusion likely between competing energy drinks, preliminary injunction vacated

In a decision today, the Ninth Circuit vacated a preliminary injunction in a lawsuit over the trade dress of two competing energy drinks. The court held the district court's conclusion that success was likely on the merits was clearly erroneous, largely because of the dissimilarity of the two trade dresses. Hansen produces the Monster line […]

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Federal Circuit: no jurisdiction over contempt appeal, but dissolution of injunction affirmed

In a decision Wednesday, the Federal Circuit dismissed an appeal of a contempt order for lack of jurisdiction and ruled that the district court did not abuse its discretion in dissolving a preliminary injunction. The defendant was found in contempt of a preliminary injunction, but also found two new pieces of prior art that made […]

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Ninth Circuit: have another look at those two moose – denial of preliminary injunction vacated

In a decision Tuesday, the Ninth Circuit vacated a district court's denial of a preliminary injunction to Abercrombie & Fitch over an alleged infringement of its "Moose" marks by Moose Creek, a competing clothing company. The Ninth Circuit found that the district court had misapplied several of the factors used in the Ninth Circuit to […]

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