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IPO Daily News™

Monday, 11 September 2017 12:39 pm

Federal Circuit Summaries Logo

* * INFRINGEMENT COMPLAINT HAD SUFFICIENT INFORMATION TO AVOID DISMISSAL

Lifetime Industries, Inc. v. Trim-Lok, Inc., 17-1096 — On 7 September in an opinion by Judge LOURIE, the Federal Circuit reversed a district court’s dismissal of Lifetime’s infringement complaint. The patent claimed a two-part seal for use in mobile living quarters, such as recreational vehicles (RVs), featuring a “slide-out room.” The Federal Circuit said the district court erred in dismissing Lifetime’s direct infringement claim on the basis that Trim-Lok manufactured only one of two components of the patented invention. Lifetime pleaded facts sufficient to reasonably infer that Trim-Lok created the infringing combination by installing its seal on an RV manufactured by Forest River, which rendered the claim “sufficiently plausible to survive a motion to dismiss.”

The district court erred in dismissing Lifetime’s induced infringement claim for inadequately pleading Trim-Lok’s intent to infringe. Lifetime pleaded evidence that tended to show infringement and Trim-Lok’s prior knowledge of the patent, which in combination gave rise to a reasonable inference of intent. The district court also erred in dismissing Lifetime’s contributory infringement claim for failure to plead Trim-Lok’s intent to infringe. Contributory infringement required only knowledge of the patent and of infringement and Lifetime plausibly pleaded both.
(1 to 4 stars rate impact of opinion on patent & trademark law)

INTERNATIONAL TRADEMARK ISSUES DISCUSSED AT IPO’S ANNUAL MEETING

Attend the 2017 IPO Annual Meeting in San Francisco, California from 17-19 September for a session on “International Trademark Issues.” This session will outline the law relating to the most common themes of brand protection in different jurisdictions. TRAVIS BACHMAN (3M Innovative Properties Co.), MATT DICK (D Young & Co LLP), and RICHARD STOCKTON (Banner & Witcoff, Ltd.) will discuss strategies for pre-launching products, how to best protect the products in multiple jurisdictions, tips on how to stop infringement, and the effects of Brexit on brand protection.

IP IN THE MASS MEDIA

Photographer Sues Model Gigi Hadid for Copyright Infringement

Today The Fashion Law blog reported that photographer PETER CEPEDA sued GIGI HADID for copyright infringement, claiming that the model posted a photo of herself taken by Cepeda to Instagram and Twitter without authorization.

IP Chat Channel Logo

THIS WEEK ON IPO’S IP CHAT CHANNEL: PRIVATE RIGHT OR PUBLIC RIGHT? PREVIEW OF OIL STATES AT THE U.S. SUPREME COURT

Tune in to the IP Chat Channel on Thursday, 14 September, at 2p.m. ET to hear about Private Right or Public Right? Preview of Oil States at the U.S. Supreme Court. The oral argument in Oil States might not take place for months, but conversations about the case already enliven the offices of IP practitioners both in-house and at law firms. If the U.S. Supreme Court decides that AIA post-grant proceedings are unconstitutional, some think a period of chaos will follow, throwing into doubt, for instance, the status of the more than 1,300 patent claims the Patent Trial and Appeal Board has already canceled. In addition to vast practical implications, the case also will force contemporary answers to legal and philosophical questions about patents that somehow need to be adjudicated despite hundreds of years of U.S. case law: are patents private property that can only be invalidated by an Article III court? Or are they a public right closely entwined with a federal agency, thus giving the agency the power to revoke?

Our panel — WILLIAM JAY (Goodwin Procter LLP), Prof. ADAM MOSSOFF (George Mason University), and KENT RICHLAND (Greines, Martin, Stein & Richland) — will offer a uniquely informed and balanced discussion of the case. It includes a patent professor who is strongly identified through his writing and research with the argument that patents are private rights; a top Supreme Court litigator who recently argued on behalf of an IPR petitioner in a recent petition for cert. (that was denied) that the validity of a patent concerns a public right that can be cancelled by the agency that erroneously granted the patent; and an appellate lawyer who argued a 2011 Supreme Court case, Stern v. Marshall, that concerned the constitutionality of adjudicating matters outside of Article III courts and resulted in a major disruption of bankruptcy courts.

IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

WIN FREE CLE AT THE IPO ANNUAL MEETING

Almost two hundred of the attendees at next week’s IPO Annual Meeting will not be IPO members…yet. The meeting is a great time to meet nonmembers, tell them why IPO is so great, and win when they join. If a nonmember lists you as their recruiter on their membership application, you will be able to choose one of the prizes below.

• One organization pass for three months of unlimited CLE through the IP Chat Channel,
• One complimentary registration to the 2018 IPO Annual Meeting,
• Two complimentary nights from the hotel room block during the 2018 Annual Meeting,
• One month of advertising space on the IPO.org homepage,
• Advertising space in an issue of the IPO Corporate Monthly.

Click here for information that can be shared with nonmembers. Stop by the registration desk at the Annual Meeting or e-mail us at membership@ipo.org for more information.