Tag Archives: patent

False patent marking claim fails in cannabis case despite clear falsity/motive to crush competition: mostly it didn’t work

Kremerman v. Open Source Steel, LLC, 2018 WL 5785441, No. C17-953-BAT (W.D. Wash. Nov. 5, 2018) This case involved cannabis distillation equipment. Kremerman sued OSS for design patent and trade dress infringement and related claims. OSS counterclaimed for false patent … Continue reading

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IPSC session 6

Session 6: Tort-Tinged IP Ben Depoorter (and Robert Walker), So Sue Me … Please! Reverse Nuisance in Intellectual Property Law Goldieblox case: filed declaratory judgment against Beastie Boys. Getting sued can sometimes be a boon and can bring a lot … Continue reading

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IPSC session 4

Session 4: Old and New Theories of IP Shyam Balganesh, The Common Law of Copyright Censorial copyright claims: motivated by non economic, dignitary concerns, and the author/creator’s principal objective is expurgatory—to prevent the work from circulating publicly. These claims have … Continue reading

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IPSC: keynote

Keynote: The State of IP Scholarship – Rebecca Eisenberg When she began, patent scholarship in the academy was minimal.  Early 1980s, CAFC creation prolonged the ghettoization of patent law, even though the field was poised for greater integration into the … Continue reading

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false patent marking doesn’t presumptively cause injury even in 2-player market

John Bean Technologies Corp. v. Morris & Assoc., Inc., No. 15-CV-02211, 2018 WL 3039734 (W.D. Ark. Jun. 19, 2018) JBT’s predecessor asserted Patent Act false marking claims, Lanham Act false advertising claims, and various North Carolina and Arkansas State law … Continue reading

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An actual jury verdict favoring plaintiff in false advertising case based on false patent claims

Hillman Group, Inc. v. Minute Key Inc., No. 13-cv-00707, 2018 WL 1532526 (S.D. Ohio Mar. 29, 2018) Here’s a reminder that meaningless macho banter about the competition can come back to haunt you.  The parties compete in the self-service, automatic … Continue reading

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Conference: administrative law/private law interface in IP

The Administrative-Private Law Interface in IP,  March 29, 2018 A conference co-organized by the Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law, sponsored by Qualcomm Inc. More info here. … Continue reading

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