Intellectual Property Law Blog

October 26, 2017

It’s Not Always Obvious to Combine Prior Art

Even when prior art discloses each of several concepts included within a Patent, it may still be patentable. According to the USPTO’s Patent and Trial Appeal Board (PTAB), a patent covering video game graphics (‘488 Patent) for simulating shadows was […]
October 24, 2017

Apple and Samsung Will Have a New Trial on Damages

The Supreme Court’s holding which limits damages in a design patent infringement case will be given a test run in a new trial between Apple and Samsung. In 2012, Apple claimed a $1 billion victory against Samsung for infringement of […]
October 5, 2017

The Federal Circuit Clarifies Venue for Patent Suits

The Federal Circuit has rejected the Eastern District of Texas’ test for establishing venue in a patent infringement suit. After the US Supreme Court’s holding in TC Heartland which drastically restricted the permissible venues for patent litigation from anywhere in […]
October 5, 2017

Serta Sues Casper Over Mattress Supports

Serta Simmons Bedding is going after Casper, the largest and most popular online bed company, in a recently filed lawsuit alleging patent infringement; Serta argues that three of its patents with registrations dating back to 2006 are utilized in Casper’s […]
September 29, 2017

Velcro Stands up to ‘Genericide’

Velcro is taking a stand against trademark ‘genericide’ and trying to inform the public, in a fun and entertaining way, about the danger businesses face when the public begins using their trademark as a generic noun for a type good […]
September 25, 2017

Yoko Ono Forces John Lemon to Rebrand

John Lennon’s widow, Yoko Ono, successfully forced a European drink company to rebrand its “John Lemon” beverages. Ono has been actively involved in protecting the intellectual property left in her control as part of the late Beetle’s estate, filing trademarks […]
September 22, 2017

Hershey Takes Out The Milton

The Milton Hotel in Hershey, Pennsylvania, home of The Hershey Company, recently found itself in a sticky situation after Hershey filed a trademark infringement suit over the “Milton” name. This otherwise small town has become a tourist destination for themed […]
September 20, 2017

Atari v. KitKat

Former gaming giant, Atari, is suing candy maker, Nestle, alleging trademark and copyright infringement over a new KitKat advertisement. Atari claims that the KitKat advertisement mimics the popular Breakout videogame replacing the bricks with KitKat candy bars. The litigation may […]
September 5, 2017

Nintendo Loses Patent Infringement Case Over Wii Controllers

A four-year court battle ended last week with a jury finding that Nintendo’s Wii remote controllers infringed iLife’s patented motion sensing technology. iLife’s patent was initially intended to monitor babies to prevent SIDS and monitor the elderly for sudden falls […]