2019

woot woot. Congratulations to my colleagues Rob Isackson, Matt Kaufman, Henry Gabathuler, Hoda Rifai-Bashjawish, Leana Lorenzana, and Natania Buchbinder. After prevailing at summary judgement that it had not infringed plaintiff’s patent claims, our client Repro-Med Systems Inc. was awarded $992k in fees. We now have legal holdings that Rob is a ‘seasoned patent litigator’ and

Well, maybe I’ve overstating it. In a turn of events suspected by some, but nevertheless surprising, the CAFC has ruled that the judges of the PTAB are not appointed properly under the Appointments Clause of Article 2. As ‘principal officers,’ PTAB judges should be appointed by the President, and confirmed by the Senate. Presently, PTAB

Plaintiff alleges use of the logo on the left for mobile banking services, defendant Facebook is allegedly using the logo on the right to promote its upcoming CALIBRA digital wallet. Both parties used the same design firm.

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This defamation suit involves a gun-control editorial published by the NY Times, which argued that a “link to political incitement was clear” between an ad circulated by Sarah Palin’s PAC depicting a map of congressional districts with a crosshair over certain ‘targeted’ districts, and the shooting of Congresswoman Gabby Giffords’, whose district had been depicted.

Plaintiff uses the GORILLA PLAYSETS mark for outdoor play-sets. Defendant sold GORILLA GYM indoor exercise equipment, such as a pull-up bar, however it included accessories for children (such as ‘trapezes’). Plaintiff sues and defendant was enjoined from selling infringing play-sets. The injunction did not set out time-frames for compliance. Defendant, alleging that it was sitting

Alleged bad guys send emails that display Amazon trademarks and offer victims Amazon gift cards or other rewards if they fill out a survey about their Amazon shopping habits. The victims do not receive an Amazon gift card, but they are provided an opportunity to purchase male enhancement pills, or CBD oil.

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Plaintiff photographer pled that Scholastic had exceeded its license. Plaintiff didn’t provide particulars as to the infringement, arguing that any information supporting such an allegation was within Scholastic’s control. Second Circuit has ‘some sympathy’ for plaintiff’s position, but will not relax 12(b)(6) standards.

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