Category Archives: Uncategorized

Lexmark injury requirement no bar to competitor’s standing at pleading stage

Posted on April 6, 2017 by rtushnet

Crocs, Inc. v. Effervescent, Inc., 2017 WL 1229707,  No. 06–cv–00605 (D. Colo. Mar. 31, 2017) Crocs sued Effervescent for patent infringement; in 2006, defendants moved to stay the case pending ITC proceedings.  In 2015, defendant Dawgs moved to reopen the … Continue reading →

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Copyright preemption and the right of publicity in the 9th Circuit

Posted on April 6, 2017 by rtushnet

Maloney v. T3Media, Inc., No.15-55630 (9th Cir. Apr. 5, 2017) Welp, the Ninth Circuit manages to gum things up again in the right of publicity/copyright intersection.  To the extent that, post-Reed, the right of publicity has to survive strict scrutiny … Continue reading →

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interpreting state law narrowly, court denies bad faith patent assertion claim

Posted on April 4, 2017 by rtushnet

Digital Ally, Inc. v. Utility Associates, Inc., 2017 WL 1197561, No. 14-2262-CM (D. Kan. Mar. 30, 2017) The parties compete in the market for in-car video and surveillance systems (which makes the court’s conclusion below that they’re not competitors a … Continue reading →

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Incontestability challenge raised too late, court rules

Posted on April 3, 2017 by rtushnet

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A., No. 11-1623 (D.D.C. Mar. 30, 2017) Some mention of my previous blogging on the issue, but that doesn’t matter to the ultimate result (though the court at least notices the incontestability … Continue reading →

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NY class certified in “flushable” wipes case with statutory damages available

Posted on April 3, 2017 by rtushnet

Kurtz v. Kimberly-Clark Corp., No. 14-CV-1142 et al., 2017 WL 1155398, — F.Supp.3d —- (E.D.N.Y. Mar. 27, 2017) (not effective until April 10, 2017) (I suspect this is another way for the judge to say “get this out of my … Continue reading →

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Appraisals are opinions, not facts

Posted on April 3, 2017 by rtushnet

Collins v. Travers Fine Jewels Inc., 2017 WL 1184305, 16-CV-03780 (S.D.N.Y. Mar. 29, 2017) Collins sued Travers for breach of contract, violations of the Uniform Commercial Code, fraudulent misrepresentation, negligence, fraud, unfair and deceptive trade practices, and false advertising.  Defendants … Continue reading →

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Notre Dame Roundtable on Scope, part 5

Posted on March 31, 2017 by rtushnet

Abraham Drassinower, Publish and Perish: Remarks on Copyright Duration Commentators: Barton Beebe and Chris Buccafusco Beebe: for non-WFH, term is calibrated to lifespan of author.  Why so reliant on the death of the author to measure protection?  Not so interested … Continue reading →

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Notre Dame Scope Roundtable, part 4

Posted on March 31, 2017 by rtushnet

Chris Buccafusco & Mark Lemley, Screening Functionality Commentators: Abraham Drassinower and Jim Gibson Gibson: regime shopping is even more troublesome than scope problems in one regime. Design patents seem to exist purely for regime shopping; everyone wants a patent right … Continue reading →

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Notre Dame Scope Roundtable, part 3

Posted on March 31, 2017 by rtushnet

Pam Samuelson, Functional Compilations Commentators: Zahr Said and Steve Yelderman Said: Framing questions: what is functionality? Does it differ in compilations v. other things?  Is it the same as the useful articles doctrine?  How do owners/litigants determine and assess functionality? … Continue reading →

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Opinion in my suit against ICE

Posted on March 31, 2017 by rtushnet

Tushnet v. U.S. Immig. & Customs Enforcement, No. 1:15-cv-00907 (D.D.C. filed Mar. 31, 2017) Thanks to my able counsel Michael Kirkpatrick of Public Citizen, initially assisted by Georgetown students from the Institute for Public Representation.  Here, the district court denies … Continue reading →

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