Author name: Gary

Fifth Circuit, Trade Secret, Federal

EnvTech Inc. v. DeBusk — Fifth Circuit Opens Door to RICO Treble Damages in Trade Secret Cases

The Fifth Circuit revived a trade secret RICO claim, holding that the systematic acquisition of trade secrets—not merely their ongoing use—can satisfy RICO’s ‘pattern of racketeering activity’ requirement, potentially enabling treble damages and attorney fees for trade secret owners whose secrets were stolen in a pattern of competitive IP raids.

Copyright, Federal Circuit

Aljindi v. United States — Federal Circuit Confirms §1498(b) Is Exclusive Path for Copyright Claims Against the Government

In a nonprecedential ruling, the Federal Circuit affirmed that copyright infringement claims against the U.S. government must proceed exclusively under 28 U.S.C. §1498(b) and cannot be recast as Tucker Act ‘takings’ claims — a ruling arising from a pro se plaintiff’s allegation that the government used his AI dissertation without compensation.

District Courts, Patent Subject Matter Eligibility

IngenioShare v. Epic Games — Patent for Multi-Platform Messaging Identity Struck Down Under § 101

A North Carolina federal judge dismissed a patent infringement suit against Epic Games (Fortnite) with prejudice, holding that U.S. Patent 10,142,810 — claiming a method for managing communications across services using a single user identifier — was directed to an abstract idea and lacked any inventive concept under Alice.

Other International (India), Trademark, Federal

Intas Pharmaceuticals v. Sun Pharma — Delhi High Court Vacates BEVETEX Trademark Injunction, Holds INN-Derived Prefixes Are in the Public Domain

India’s Delhi High Court Division Bench reversed a single-judge injunction against Intas Pharmaceuticals’ BEVATAS cancer drug, holding that the INN-derived prefix ‘BEV/BEVA’ is publici juris and that ten years of concurrent market use with no actual confusion disproved likelihood of confusion with Sun Pharma’s BEVETEX.

Copyright, Fourth Circuit

Deque Systems v. BrowserStack — Fourth Circuit Affirms Summary Judgment After Copyright Plaintiff’s Repeated Failure to Disclose Damages

The Fourth Circuit affirmed summary judgment for BrowserStack after Deque Systems repeatedly failed to disclose its damages calculations in a copyright infringement case over web accessibility software, holding that the district court properly excluded Deque’s damages evidence under Rule 37(c)(1) and that Deque failed to raise a genuine dispute on injunctive relief.

Federal Circuit, Patent Subject Matter Eligibility

AGI SureTrack v. Farmers Edge — Federal Circuit Affirms Farming Data Patents Are Ineligible Under §101 but Reopens Attorney’s Fees Question

The Federal Circuit affirmed that patents claiming automated farming data collection using generic computer components are directed to patent-ineligible abstract ideas under Alice, but vacated the district court’s unexplained denial of attorney’s fees and remanded for further proceedings.

District Courts, Utility Patent

Densys v. Align Technology & Medit — Dental Scanning Patents Survive Section 101 Challenge, but Willfulness and Indirect Infringement Claims Dismissed

The District of Delaware denied Align Technology’s bid to invalidate two intra-oral dental scanning patents under Section 101, finding the claims directed to specific technological improvements rather than abstract ideas, while dismissing willful and indirect infringement claims against both Align and Medit for failure to adequately plead pre-suit knowledge.

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