Author name: Gary

Other International (India), Trademark, State

Dabur India v. Emami — Delhi High Court Upholds Trade Dress Injunction Against ‘Cool King’ Hair Oil for Copying Navratna Oil’s Red Packaging

The Delhi High Court Division Bench upheld a temporary injunction restraining Dabur from selling its ‘Cool King Thanda Tael’ cooling hair oil, finding its trade dress deceptively similar to Emami’s Navratna Oil — holding that a distinctive ensemble of red packaging, hibiscus imagery, and cooling motifs acquired secondary meaning over three decades.

Copyright, District Courts

Disney v. MiniMax — Court Denies Dismissal of AI Copyright Suit, Finds Hailuo AI’s Character Generation Plausibly Infringes

A Central District of California judge denied motions to dismiss Disney, Universal, and Warner Bros.’ copyright claims against the makers of Hailuo AI, finding that the video-generation tool’s reproduction of iconic characters like Spider-Man and Darth Vader plausibly constitutes both direct and contributory infringement.

District Courts, Trade Secret, Federal

Control Technology v. Omni Energy — Court Denies Both Sides’ Summary Judgment in Trade Secret Case Involving Departing Employees Who Secretly Prepared RFPs for Competitor

A federal court in the Eastern District of Missouri denied cross-motions for summary judgment in a trade secret case where departing employees allegedly prepared requests for proposals for a competitor while still employed, sending the case to trial on misappropriation and fiduciary duty claims.

District Courts, Trade Secret, Federal

AGI SureTrack v. OPISystems — Court Recommends Adverse Inference Sanctions for Spoliation of Agricultural Trade Secrets

A federal magistrate in Kansas recommended adverse inference sanctions against OPISystems for spoliation of evidence in a trade secret case involving stolen agricultural grain-bin management source code, after finding that a former employee stored proprietary code on personal devices and a competitor failed to preserve it.

District Courts, Utility Patent

Collision Communications v. Samsung — Judge Denies Injunction Despite $445M Verdict, Even as DOJ Backs NPE’s Irreparable Harm Claim

In a closely watched case, Judge Gilstrap denied a permanent injunction against Samsung despite a $445.5 million willful infringement verdict, finding that the non-practicing patent owner failed to show the balance of hardships favored relief — even though the court accepted its irreparable harm argument, supported by an unusual joint DOJ-USPTO Statement of Interest.

Other International, Utility Patent

Philips v. Rajesh Bansal — Delhi High Court Sets Aside SEP Damages, Holds DVD Patent Not Proven Essential and Imports Exhausted Under Indian Law

The Delhi High Court Division Bench reversed a single judge’s infringement and damages decree against DVD importers, holding that Philips failed to prove its DVD decoding patent was essential to the standard and that the defendants’ imports from licensed manufacturers triggered patent exhaustion under Section 107A(b) of the Indian Patents Act.

Right of Publicity, Seventh Circuit

D’Ambrosio v. Meta Platforms — Seventh Circuit Holds Social Media Ad Revenue Does Not Create ‘Commercial Purpose’ Under Illinois Right of Publicity Act

The Seventh Circuit affirmed dismissal of right of publicity, doxing, and defamation claims arising from Facebook dating-group posts, holding that Meta’s ad-based revenue model does not create a ‘commercial purpose’ under Illinois law merely because advertisements appear near user-generated content featuring someone’s likeness.

Federal Circuit, Utility Patent

Universal Electronics v. Roku — Federal Circuit Affirms PTAB Finding That Remote Control Patent Claims Are Obvious

The Federal Circuit affirmed the PTAB’s finding that claims of Universal Electronics’ remote control codeset patent (U.S. Patent No. 9,847,083) are unpatentable as obvious, agreeing with the Board’s broad construction of ‘protocol and formatting information’ as ‘information needed to transmit a signal from one device to another in a way that the receiving device can make sense of and use the signal.’

Federal Circuit, Utility Patent

Seoul Semiconductor v. Finelite — Federal Circuit Affirms Samsung’s Limited Indemnification in LED Patent Dispute

The Federal Circuit affirmed that Samsung’s 2012 sales agreement with Finelite unambiguously incorporated a full contract of sale that limited Samsung’s indemnification obligations to Hong Kong — where title to LED chips passed — leaving Finelite without indemnity coverage for U.S. patent infringement claims brought by Seoul Semiconductor.

Federal Circuit, Utility Patent

Actelion Pharmaceuticals v. Mylan Pharmaceuticals — Federal Circuit Affirms That pH Claims Require Standard-Temperature Measurement

The Federal Circuit affirmed that Actelion’s patent claims requiring a bulk solution with ‘a pH of 13 or higher’ refer to pH measured at standard temperature (25±2°C), not at the solution’s actual operating temperature, finding no literal or equivalent infringement by Mylan’s generic epoprostenol drug.

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