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Intellectual Property – Qui Tam Action – False Patent Marking – Expired Patent — Leahy-Smith America Invents Act – Retroactive – Constitutional – No Vested Interest
Slack v. Bon Aqua International, Inc. Plaintiff’s qui tam complaint alleges that defendants marked certain products and related product packaging with expired (but previously valid) patents in violation of 35 U.S.C. § 292(a). However, during the pendency of this action, the Leahy-Smith America Invents Act became law, and § 292(c) now states, “The marking of a product … with matte[...]
Labor & Employment – Intellectual Property – Patent — Employee’s Inventions – Wage & Hour Act – REDA – Liquidated Damages – Attorney’s Fees
Morris v. Scenera Research, LLC Defendants acted in good faith and with a reasonable belief that they were not in violation of the Wage and Hour Act when they refused to pay plaintiff bonuses for patents which had not issued yet at the time plaintiff’s employment ended. However, since defendants never reduced to writing – until shortly before plaintiff’s employment ended – a chang[...]
Intellectual Property – Trade Dress Infringement – Cookware – Unfair Trade Practices – Treble Damages
Belk Inc. v. Meyer Corp. Meyer, a manufacturer of “Anolon Advanced” cookware, wins its suit alleging trade dress infringement and violation of North Carolina unfair trade practices law against defendant Belk department store, which sold a private-label cookware that was “deceptively similar”; the 4th Circuit upholds a $1.26 million damage award for plaintiff.
Intellectual Property – Trademark Infringement – Civil Practice – Res Judicata & Collateral Estoppel
Georgia-Pacific Consumer Products LP v. Von Drehle Corp. Plaintiff has filed a number of suits around the country alleging that defendant or its distributors infringed plaintiff’s trademark when they sold paper towels designed to fit into plaintiff’s enMotion paper towel dispensers. Plaintiff’s claim in this case is precluded by decisions in other courts that defendant’s actions d[...]
Intellectual Property – Trademark – Advertising – Direct & Contributory Infringement & Dilution Claims – Vicarious Infringement & Unjust Enrichment
Rosetta Stone Ltd. v. Google Inc. In language-learning company Rosetta Stone’s trademark infringement suit against Google over use of the Rosetta Stone mark in Google’s online advertising platform, the 4th Circuit vacates summary judgment for Google on plaintiff’s claims for direct infringement, contributory infringement and dilution of plaintiff’s mark, but upholds summary judgme[...]
Corporate – Merger – Civil Practice – Pleadings Amendment – Relation Back – Real Party in Interest – Intellectual Property – Patent Application – Tort/Negligence – Attorneys – Legal Malpractice
Revolutionary Concepts, Inc. v. Clements Walker PLLC Although an inventor had assigned his patent rights to a Nevada corporation, a North Carolina corporation hired the defendant-law firm to apply for the patents. The Nevada corporation filed this action to assert its rights as assignee. Subsequently, the two corporations merged, with the Nevada corporation being the surviving entity. The[...]
Intellectual Property – Trademark Infringement – Radio Farm News – Other Uses – Laches Defense
Ray Communications Inc. v. Clear Channel Communications Inc. Although plaintiff communications company, which registered the Agrinet service mark in 1972 and has used it for radio broadcast of farm news, acknowledges it permitted certain uses of the Agrinet mark in some local markets by predecessors of defendant Clear Channel Inc., the district court erred in granting defendant summary ju[...]
Intellectual Property – Copyright & Trademark Infringement – Civil Practice – Collateral Estoppel – Corporate Judgment – Officer’s Individual Liability
Universal Furniture International, Inc. v. Frankel In a lawsuit against one of only two officers and part owner of Collezione Europa USA, Inc., the defendant is collaterally estopped from denying Collezione’s infringements of plaintiff’s copyright and trademark, which were established in a separate lawsuit. Plaintiff’s motion for summary judgment is granted as to the issue of co[...]
Constitutional – Preemption – Ethanol Blending Statute – Federal Renewable Fuel Program – Intellectual Property – Lanham Act – PMPA – Commerce Clause
American Petroleum Institute v. Cooper North Carolina’s Ethanol Blending Statute – which allows gasoline marketers in our state to participate in the blending of ethanol and gasoline (and the tax credits that go along with such blending) – does not conflict with and is not preempted by the Federal Renewable Fuel Program, the Lanham Act, or the Petroleum Marketing Practices Act, nor [...]
Intellectual Property – Patent Infringement Claim – Insecticide Application — ‘Comprising’ Phrase – Disclaimed Method
BASF Agro B.V. v. Makhteshim Agan of North America, Inc. The use of the word “comprising” as a transitional phrase in the patents at issue creates a presumption that the patents’ claims are open-ended. However, the inventor specifically disclaimed the prior-art “barrier” method of insecticide application. Therefore, the inventor rebutted the presumption that the claims of his pa[...]
Civil Practice – Personal Jurisdiction – Collateral Estoppel — German Companies – Intellectual Property – U.S. & European Patents
Steag Energy Services GmbH v. Ebinger Plaintiff’s addition of a slander of title claim and some new evidence is not enough to allow the court to reconsider a prior decision of the N.C. Court of Appeals, which held that N.C. courts lack personal jurisdiction over the German defendants. Defendants’ motion to dismiss is granted.
Intellectual Property – Labor & Employment – Inventor/Employee – Patent Ownership – Compensation Contract – Termination – REDA Claim
Morris v. Scenera Research, LLC Plaintiff’s own words reveal that the defendant-employer hired him to invent; however, there are genuine issues of fact as to whether there was a clear agreement about the assignment of patents and as to the compensation due to plaintiff for patent assignments he made in 2008.
Top Legal News
- Catesha Hargro: Finding pathways forward
- Cooper vetoes bill over control of election boards
- Judge dismisses state lawmaker’s defamation suit
- 5th Circuit blocks Louisiana redistricting hearings
- Bonnie Keen: Charting her own course
- Courts’ work will continue amid government shutdown
- NC lawmakers to redraw district maps again
- Mississippi activists ask to join water lawsuit
- State judge blocks gender-affirming care ban
- Menendez pleads not guilty in wide-ranging corruption case
- Lawyer in Trump-Russia probe confirmed for Connecticut high court
- Commercial vehicle crash claims life of wife, mother: $3.99 million settlement
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
