Tag Archives: patent

failure to disclose influencer payment/review connections is misleading

Posted on December 7, 2020 by rtushnet

EIS, Inc. v. Wow Tech Int’l GMBH, 2020 WL 7027528, No. 19-1227-LPS (D. Del. Nov. 30, 2020) The parties make vibrators. EIS sued defendants for violations of the Lanham Act, Delaware common law on unfair competition, the Delaware Deceptive Trade … Continue reading →

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it’s difficult to show injury from false patent marking

Posted on September 30, 2020 by rtushnet

John Bean Technologies Corporation v. Morris & Associates, Inc., 2020 WL 5666898, — Fed.Appx. —-, 2020-1035, 2020-1081 (Fed. Cir. Sept. 24, 2020) District court ruling that false patent marking doesn’t presumptively cause injury even in a two-player market discussed here. … Continue reading →

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patent publication privilege mostly protects licensee against licensor’s false advertising claims

Posted on August 17, 2020 by rtushnet

 AU New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW, 2020 WL 4366394 (S.D.N.Y. Jul. 30, 2020) Summarizing only a few key issues: YKK entered into an exclusive licensing agreement (the ELA) with the owners of a recently issued patent. The … Continue reading →

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overstatement of claims in patent case/potential customer liability could be false advertising

Posted on June 5, 2020 by rtushnet

Shure Inc. v. ClearOne, Inc., 2020 WL 2839294, No. 19-1343-RGA-CJB (D. Del. Jun. 1, 2020) (magistrate R&R)  Skipping substantive design patent stuff (sorry, Sarah Burstein). The parties compete in the installed audio-conferencing market and have a history of litigation, including … Continue reading →

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

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ex-employees with new company trigger false advertising dispute (and submarine patent invalidity argument)

Posted on September 9, 2019 by rtushnet

AlterG, Inc. v. Boost Treadmills LLC, 2019 WL 4221599, No. 18-cv-07568-EMC (N.D. Cal. Sept. 5, 2019) The wildest allegation here involves former AlterG employees (who founded defendant Boost), one of whom allegedly got a journalist to write an article disclosing … Continue reading →

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failure to disprove other possible sources of sales defeats irreparable harm in false ad/patent case

Posted on August 23, 2019 by rtushnet

Citrix Systems, Inc. v. Workspot, Inc., 2019 WL 3858602, No. 18-588-LPS (D. Del. Aug. 16, 2019) Citrix sued Workspot for patent infringement as well as false advertising/unfair competition under the Lanham Act, the Delaware Deceptive Trade Practices Act, and common … Continue reading →

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IPSC: Closing Plenary

Posted on August 10, 2019 by rtushnet

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading →

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A Celebration of the Work of Wendy Gordon, part 2

Posted on June 14, 2019 by rtushnet

Harmless Free Riding by Wendy Gordon, Boston University School of Law  (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives) Common law imposes penalties on those who harm much more readily than … Continue reading →

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