- Posted on: Oct 22 2021
In the News: Recent Intellectual Property Highlights
Week of 10/11/2021 | Provided by: Rob Greenspoon
Adasa v. Avery Dennison
Following an Oregon federal jury’s finding that Avery Dennison infringed an inventor’s patent for RFID tags, a federal magistrate judge on Thursday determined the company owed more than $62 million, which includes about $20 million in sanctions. In an order on October 14, U.S. Magistrate Judge Mustafa T. Kasubhai said that Avery Dennison owed Clarke McAllister’s ADASA Inc. — which uses RFID, or radio frequency identification — $62,407,801.50. That number includes the more than $26.6 million jury verdict that ADASA initially won in May, along with $9.4 million in damages that the judge said were tied to “additional infringing tags” that Avery Dennison had discovered after that jury verdict.
DBL Wins Temporary Restraining Order Against Medela for Think Green d/b/a Haakaa
Dunlap Bennett & Ludwig won a TRO against Medela for Think Green d/b/a Haakaa, a New Zealand company that makes eco-friendly manual breast pumps. Because of likely design patent and trade dress infringement, the Swiss conglomerate must temporarily exit the U.S. market for their knock-off.
Federal Circuit Issued Opinion in Mobility WorkX v. Unified Patents
The Federal Circuit issued an opinion in Mobility WorkX v. Unified Patents. Dunlap Bennett & Ludwig represented amicus curiae US Inventor. Though not Dunlap Bennett & Ludwig’s case, it was a 2-1 decision in which both the majority and dissent commented on DBL’s amicus brief and the statistical analysis DBL presented as showing a due process problem at the Patent Trial and Appeal Board. DBL Partner Rob Greenspoon was quoted in an article by Bloomberg Law.
Dunlap Bennett & Ludwig Featured in Leading Patent Blog PatentlyO
Publicity in the leading patent blog PatentlyO about an order by the Fifth Circuit Court of Appeals (from Friday Oct. 8) rebuffing the USPTO’s attempt to move Dunlap Bennett & Ludwig’s nonprofit client US Inventor’s appeal to the Federal Circuit in an Administrative Procedure Act case. This was a technical and tactical ruling, but shocked the experts, since conventional wisdom holds that these appeals always go to the Federal Circuit (not the regional circuits), and the Fifth Circuit is expected to be less tolerant of government overreach. This ruling was also featured in Friday’s Law.com Skilled in the Art blog (with mention of DBL).
Supreme Court Called For Views of Solicitor General
The Supreme Court called for the views of the Solicitor General In Re PersonalWeb, a case where Dunlap Bennett & Ludwig represented amicus party CFL Technologies. In DBL’s amicus brief, DBL had argued in favor of a grant of certiorari, and this ruling makes that outcome much more likely. The issue is whether an arcane 1909-vintage preclusion doctrine has been wrongly expanded by the Federa.
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Posted in: Intellectual Property