2019
Leason Ellis Wins $992k Fee Award
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…
Berners-Lee’s Original Proposal to CERN That Led To the World Wide Web
CAFC Rules That We Are Living In Incorrect Computer Simulation, Doesn’t Articulate Remedy
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…
Complaint in Finco v Facebook re CALIBRA logo
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.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2019/10/calibra-facebook-complaint-1.pdf” download=”all”]Complaint in Mossack Fonseca v Netflix (re LAUNDROMAT – the Panama Papers movie)
Well, now we know there’s a movie named The Laundromat coming up on Netflix.
Mossack Fonseca is the Panamanian law firm implicated in the ‘Panama Papers’ incident.
The Laundromat is a Netflix movie based on a book about the firm. Gary Oldham plays Mossack, Antonio Banderas playes Fonseca, and Meryl Streep, the General…
2d Circuit: Palin v. NY Times – Could we use a dispositive motion between Rule 12b6 and Rule 56?
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.
11th Circuit: Defendant Did Some, But It Didn’t Do All Things It Could Have Done To Comply With Injunction
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…
Amazon Complaint Details Affiliate Marketing Scheme (and Names Domain Names)
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.
Paragraphs 19 through…
2d Circuit: Copyright Complaint Cannot Be Based On Mere Suspicion
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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