Ideas Not Rising To The Level Of Protectable IP Do Not Trigger An Obligation To Assign

In Bio-Rad Laboratories, Inc. v. ITC, No. 2020-1785, (Apr. 29, 2021), the Federal Circuit affirmed the ITC’s decision that Bio-Rad infringed three patents owned by 10X Genomics by importing and selling microfluidic systems.

Bio-Rad presented an ownership defense to infringement—that it co-owned and therefore could not infringe—the asserted patents. Inventors on 10X Genomics’ asserted patents worked at Bio-Rad before inventing the claimed subject matter. While employed by Bio-Rad, these inventors assigned to Bio-Rad their “entire right […]

By | May 5th, 2021 ||

District Court Awards §285 Sanctions Against Patent Owner For Arguments Made To PTAB In Preliminary Response

Game and Technology (GAT) filed a patent infringement complaint against Wargaming, a foreign entity, on July 9, 2015. There was a dispute over whether service was ever effectuated. Ultimately, in February 2016, Wargaming’s counsel waived service in exchange for an extension of time to answer. Then, over a year later, on March 13, 2017, Wargaming filed an IPR petition.

In the preliminary response, GAT first argued that Wargaming’s petition was time barred as filed one […]

By | May 4th, 2021 ||

Taste The Lawsuit: Wrigley Brings Trademark Infringement Claim

On May 3, 2021, WM Wrigley Jr. Company (“Wrigley”) filed a complaint against a host of cannabis companies and their respective owners (collectively “Defendants”) in the United States District Court for the Central District of California alleging trademark infringement, dilution, and unfair competition. Wrigley is the owner of many famous trademarks that are registered with the United States Patent and Trademark Office (“USPTO”), including SKITTLES, STARBURST, and LIFE SAVERS (collectively the “Marks”). Wrigley’s trademark infringement claim […]

By | May 3rd, 2021 ||