Conditioning Fluids
28 Feb 2012
View patents here: issued on February 28, 2012 & issued on December 12, 2012
Defense of Laches Bars Tillamook Creamery’s Trademark Infringement Claim Brought 25 Years After First Notice
7 Jan 2012
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that defendant’s request for an injunction on a theory of trademark infringement under 15 U.S.C.S. § 1114(1) was barred by laches. Tillamook Country Smoker v. Tillamook County Creamery Association, Case No. 04-35843 (9th cir., Oct. 11, 2006). Defendant Tillamook County Creamery...
In Defense of M-S-T: The Federal Circuit’s Decision in Dyestar v. C.H. Patrick
6 Dec 2011
The U.S. Court of Appeals for the Federal Circuit issued an opinion in the Dystar Textilfarben v. C.H. Patrick Co. and Bann Quimica decision that defended the use of the “motivation-suggesting teaching” (hereinafter: “M-S-T”) test in order to determine a finding of obviousness in the matter of patented inventions. The opinion is of particular interest...
Unscrupulous Copyist, Beware the Doctrine of Equivalents
6 Nov 2011
In Abraxis Bioscience, Inc. v. Mayne Pharma (USA), Inc., Case No. 06-1118 (Fed. Cir., Nov. 15, 2006), pharmaceutical company, Mayne Pharma, Inc. (Mayne), lost an appeal from a district court’s decision finding their infringing product was specifically designed to mimic their competitor’s improved anesthetic. But although Abraxis Bioscience, Inc. (Abraxis) ultimately won their patent infringement...