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Latest from Weintraub Tobin

The IP Law Blog

District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds

By Eric Caligiuri

May 7, 2021

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”…

The IP Law Blog

Kobe Bryant Estate Files for Numerous Trademarks Associated with Apparel and Footwear

By Josh H. Escovedo

April 30, 2021

If you pay much attention to sneakers, you might know that the agreement between Nike and the Bryant Estate for Nike’s line of Kobe sneakers recently expired. Although Kobe started his career with Adidas, he changed to Nike in 2003, and he stayed there for the rest of his life. Many people expected the estate to reach a deal with Nike to continue the partnership, but the deal has officially expired without any sort of…

The IP Law Blog

The Rogers Test Gets a Remake in Colorado

By Scott Hervey

April 22, 2021

In the 9th Circuit (as well as the 2nd, 5th, 6th, and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game, etc., including as part of the title of an expressive work) is the 2nd Circuit’s test from the 1989 case of Rogers v. Grimaldi. The Rogers test was adopted by the 9th Circuit in…

The IP Law Blog

Pfizer and BioNTech Claim Immunity from COVID-19 Vaccine Testing IP Claim

By Jessica R. Corpuz

April 16, 2021

COVID-19 coronavirus vaccine in doctor hands

Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech’s Covid-19 vaccine. Allele holds a patent for a fluorescent protein called mNeonGreen, which causes some cells to glow when exposed to certain kinds of light. Allele does not claim that mNeonGreen is used in the vaccine or was used by Pfizer and BioNTech to develop the vaccine, but rather that mNeonGreen…

The IP Law Blog

Fair Use Shields Google in Its Copyright Battle with Oracle

By Jo Dale Carothers

April 8, 2021

Google office building in the Company's campus in Silicon Valley

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. The platform allows “computer programmers to develop new programs and applications” for Android-based devices. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37…

The IP Law Blog

De Novo or Abuse of Discretion? Trademarks, The Unclean Hands Defense, and Summary Judgment Review

By James Kachmar

April 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc. v. Metal Sport, Inc. (decided Feb. 16, 2021). In the Metal Jeans case, Gary Topolewski owned Metal Jeans and was…

The IP Law Blog

How to Challenge a Patent in the PTO

By Audrey A Millemann

March 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. The PTO provides three procedures by which a patent can be challenged: inter partes review (IPR), post grant review (PGR), and ex parte reexamination. In IPRs and PGRs, the challenger and the patent owner both participate, and the…

The IP Law Blog

Federal Circuit Set to Have First Vacancy in Six Years

By Eric Caligiuri

March 19, 2021

On March 16, 2021, U.S. Circuit Judge Evan J. Wallach for the Federal Circuit Court of Appeals announced he plans to take senior status on May 31, 2021. This semi-retirement is set to create the first vacancy at the Federal Circuit in almost six years. The Federal Circuit handles all appeals of patent cases from Districts Courts in the U.S., and appeals from various government agencies. Thus, the Federal Circuit is the only one of…

The IP Law Blog

Is the Best Defense to a Copyright Infringement Claim No Defense at All?

By Josh H. Escovedo

March 12, 2021

Red Copyright Symbol on Wodden Floor lean on green Grunge Wall with Copy Space - 3D-Illustration

We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by photographers against celebrities who reposted photos on their social media accounts. Two specific celebs who have taken a stand are Emily Ratajkowski and LeBron James. I am writing today to discuss what may be a new strategy in such copyright…

The IP Law Blog

SPIN Trademark Has Peloton Wrapped Around the Axel

By Scott Hervey

March 5, 2021

Fitness machine at home woman biking on indoor stationary bike exercise indoors for cardio workout. Closeup of shoes on bicycle

While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING. Mad Dogg registered SPIN on…

Weintraub Tobin

Weintraub Tobin Blogs

Blog Authors

District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds

Kobe Bryant Estate Files for Numerous Trademarks Associated with Apparel and Footwear

The Rogers Test Gets a Remake in Colorado

Pfizer and BioNTech Claim Immunity from COVID-19 Vaccine Testing IP Claim

Fair Use Shields Google in Its Copyright Battle with Oracle

De Novo or Abuse of Discretion? Trademarks, The Unclean Hands Defense, and Summary Judgment Review

How to Challenge a Patent in the PTO

Federal Circuit Set to Have First Vacancy in Six Years

Is the Best Defense to a Copyright Infringement Claim No Defense at All?

SPIN Trademark Has Peloton Wrapped Around the Axel

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