Bloomberg Law

Jack Daniel’s High Court Win Leaves Trademark ‘Rogers Test’ Hazy

Jack Daniel’s Properties Inc. convinced the US Supreme Court to barricade one path to a test for trademarks in expressive works, even as the justices declined to ax the test itself.

Court’s Inventor Addition on Water Hose Patents Upheld on Appeal

Tristar Products Inc. correctly argued that a co-inventor had been left off of six patents for an expandable water hose asserted against it in an infringement case, the US Court of Appeals for the Federal Circuit affirmed Friday,

American Airlines Preemptively Sues Patent Monetization Firm

American Airlines Inc. sought to head off an infringement lawsuit from a patent-assertion entity that has sued other companies, including retailers like Gap Inc., AutoZone Inc., and grocery chain Fiesta Mart LLC.

Connolly Letter Called ‘Gender Harassment’ by Patent Plaintiff

The owner of a patent-holding firm that’s under scrutiny in Delaware for its litigation tactics accused a federal judge of “textbook gender harassment” that’s left her “in a sense of fear and intimidation” as she fights an order to appear in court.

Grammy Winner Takes on YouTube in Trial Over Fighting Piracy

YouTube LLC will head to trial next week against Grammy-winning composer Maria Schneider, who broadly accused the video-sharing platform of unfairly making its copyright monitoring system available only to large movie studios and record labels.

Latest Stories

Apple’s Nixing of Battery-Life Patents Mostly Reversed on Appeal

Apple Inc. failed to escape a clash over allegations its portable devices use patented technology improving battery life, as the Federal Circuit revived three voided patents, upheld the cancellation of another, and sent the challenge of a fifth patent back to an administrative tribunal for further review.

Prince, Andy Warhol, and Fair Use at the Supreme Court

Did Andy Warhol violate copyright law when he used a photo of Prince as source material? We explore the case, and the key consideration of "transformative use" in this video.

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The Ugly Fight Over A Federal Judge's Retirement


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Case: Patents/Specification (Fed. Cir.)

The court affirmed the decision of the PTAB affirming an examiner’s rejection of pending claims of an inventor’s patent application as unpatentable for lacking enablement, and thus didn’t address the inventor’s challenges to the other grounds of rejection.
In re Starrett, 2023 BL 195797, Fed. Cir., 2022-2209, nonprecedential, 6/8/23

Case: Patents/Procedure (Fed. Cir.)

The court dismissed and deactivated WSOU Investments LLC’s appeals of the decisions of a district court, in this action against Dell Technologies Inc., Dell Inc., EMC Corp., and VMware Inc. for infringement of three patents related to computer networks. WSOU Investments LLC v. Dell Technologies Inc. , 2023 BL 195790, Fed. Cir., 2023-1758, nonprecedential, 6/8/23

Case: Patents/Counterclaims (N.D. W. Va.)

The court granted Regeneron Pharmaceuticals Inc.'s motion for judgment on the pleadings on Mylan Pharmaceuticals Inc.'s inequitable conduct defenses and counterclaims in Regeneron’s action for infringement of patents for use of a VEGF antagonist to treat angiogenic eye disorders. Regeneron Pharms. Inc. v. Mylan Pharms. Inc., 2023 BL 193489, N.D. W.Va., 1:22-CV-61, 6/6/23

Case: Trademarks/Injunctions (D.N.M.)

The court granted Invariant Corporation and Hyperion Technology Group Inc.'s permanent injunction in their false designation of origin counterclaim, prohibiting Security USA Services LLC from using the “Firefly” mark, in this trademark infringement action. Sec. United States Servs. LLC v. Invariant Corp., 2023 BL 194954, D.N.M., 1:20-cv-01100-KWR-KRS, 6/7/23

Case: Patents/Pleadings (S.D. Cal.)

The court granted in part and denied in part Dynamic Data Technologies LLC’s motion to dismiss Iceberg Associates LLP’s claims for breach of a transaction representation agreement and a patent purchase agreement, and an accounting. Iceberg Assocs. LLP v. Dynamic Data Techs. LLC, 2023 BL 195355, S.D. Cal., 3:22-cv-01084-RBM-DDL, 6/7/23

Case: Patents/Venue (Fed. Cir.)

The court granted Microsoft Corporation’s petition for a writ of mandamus vacating the order of a federal district court in Texas denying transfer to a federal district court in Washington of Virtru Corporation’s action for patent infringement. In re Microsoft Corp., 2023 BL 194018, Fed. Cir., 2023 -128, nonprecedential, 6/7/23

Case: Patents/Obviousness (Fed. Cir.)

The court affirmed the decision of the PTAB that claims of Blackhawk Network Inc.'s patent directed to systems for facilitating the sale and activation of draw-based lottery tickets are unpatentable, in a post-grant review by Interactive Communications International Inc. Blackhawk Network Inc. v. Interactive Commc’ns Int’l Inc., 2023 BL 194070, Fed. Cir., 2022-1650, nonprecedential, 6/7/23

Case: Trademarks/Infringement & Dilution (U.S.)

The court reversed the decision of the Ninth Circuit that VIP Products LLC’s “Bad Spaniels Silly Squeaker” dog toy is an expressive work that neither infringed nor diluted Jack Daniel’s Properties Inc.'s trademarks. Jack Daniel’s Props. Inc. v. VIP Prods. LLC, 2023 BL 195826, U.S., 22-148, 6/8/23

Case: Trademarks/Injunctions & Attorneys’ Fees (W.D. Tex.)

The court adopted a U.S. magistrate judge’s recommendation permanently enjoining Tortilla Town LLC from utilizing Tortilla Town Inc.'s trademarked works and from using or selling products and/or services under its trademark, and awarded damages and attorneys’ fees. Tortilla Town Inc. v. Tortilla Town LLC, 2023 BL 194697, W.D. Tex., SA-22-CV-00420-XR, 6/6/23

Case: Trade Secrets/Injunctions (D. Neb.)

The court denied Dice Communications LLC’s motion for a preliminary injunction and dissolved the temporary restraining order presently in force in this action against LANRover Network Services Inc. and several former employees for misappropriation of trade secrets and related claims. Dice Commc’ns LLC v. Zappolo, 2023 BL 192677, D. Neb., 8:23CV155, 6/6/23