Author name: Gary

District Courts, Utility Patent

ABC IP v. AS Designs (Rare Breed Triggers MDL) — Court Denies TRO Against Unreleased Product Because Patent Owners Could Not Show Likely Infringement

An Eastern District of Texas judge let patent owners accuse a not-yet-released product before serving infringement contentions, but refused a temporary restraining order because their showing rested only on the defendants’ marketing statements, with no physical product or specifications to compare against the claims.

District Courts, Patent Subject Matter Eligibility, Utility Patent

TQ Delta v. DISH Network — Court Upholds Phase-Scrambling Patent Under Section 101 but Invalidates Its Sibling Patent as Abstract

After a patent case pending since 2015, a Delaware federal judge held that claims directing bit and phase scrambling to reduce peak-to-average power ratio are patent-eligible, but that claims for calculating scrambled phases without applying them are abstract and lack an inventive concept.

District Courts, Trade Secret, Federal, Trade Secret, State

Varonis Systems v. Guanciale — DTSA Claim Survives but Global Non-Compete and Non-Solicits Held Unenforceable in Cyera Hiring Dispute

A Delaware federal court let a technology company’s federal trade secret claim proceed against two former sales engineers and a rival, but dismissed the Delaware trade secrets act claim and held the employment agreements’ worldwide non-compete and non-solicitation covenants overbroad and unenforceable.

District Courts, Patent Subject Matter Eligibility, Utility Patent

BitHarmony v. Warner Bros. Discovery — Video-Transcoding Patents Survive Section 101 at Pleading Stage, but Pre-Suit Knowledge and Direct Infringement Allegations Dismissed

Sitting by designation in Delaware, Federal Circuit Judge Bryson denied dismissal on patent eligibility grounds because the complaint plausibly alleged inventive concepts, but dismissed speculative pre-suit knowledge and multi-defendant direct infringement allegations with leave to amend.

Copyright, District Courts

Timeless Production v. Vitvitskiy — Default Judgment Denied in YouTube Copyright and DMCA Counter-Notice Case for Lack of Jurisdiction, Standing and Damages Proof

A Northern District of California magistrate judge denied a $1.5 million default judgment against a Ukraine-based YouTube channel operator, because the video producer did not address personal jurisdiction, did not show it was the copyright owner who sent the takedown notices needed to sue under DMCA Section 512(f), and offered no evidence of damages.

Copyright, District Courts

Steinarsdottir v. Tripscout — Travel Brand Directly Liable for Reposting Influencer’s Photos Through Overseas Contractors, but Lost-Sales Damages Fail

A D.C. federal judge granted partial summary judgment for an Icelandic influencer on liability for 52 reposts of her photos and videos by a travel company’s Instagram and TikTok accounts, holding that outsourcing the posting to overseas contractors does not avoid direct infringement liability, while rejecting her lost-sales damages theory and leaving other issues for a jury.

District Courts, Trademark, Federal

Arro-Mark v. Warren — “Mighty Marker” Trademark Injunction Denied Where Reseller Did Not Itself Use the Mark on Third-Party Listings

A New Jersey federal judge denied a marker manufacturer’s request for a preliminary injunction and contempt finding against its former reseller, holding that the record did not show the reseller itself used the “Mighty Marker” mark on listings posted by third-party websites and that the manufacturer had not shown irreparable harm.

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