EU Courts, Trademark, Federal

Disney v. “MICKEY IS FREE!” Applicant — EUIPO Board of Appeal Rejects Public-Domain Slogan as EU Trademark for Clothing

The First Board of Appeal of the European Union Intellectual Property Office dismissed an appeal against refusal to register “MICKEY IS FREE!” as an EU trademark for clothing, finding that despite the applicant’s public-domain commentary intent, average consumers would focus on “MICKEY” and associate it with Disney.

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.

District Courts, IP Law

In re Amitiza Antitrust Litigation — First-Ever Pay-for-Delay Jury Verdict Hits Takeda with $885 Million in Damages

A federal jury became the first in history to hold a pharmaceutical company liable for an anticompetitive pay-for-delay reverse-payment settlement, awarding $885 million in single damages—automatically trebled to more than $2.6 billion—against Takeda Pharmaceuticals for delaying generic competition for its IBS drug Amitiza, thirteen years after the Supreme Court’s FTC v. Actavis decision opened the door to such claims.

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.

Federal Circuit, International Trade Commission, Utility Patent

BISSELL v. ITC — Federal Circuit Affirms That Redesigned Tineco Vacuums Do Not Infringe, Clarifies Expert Reliance on Discovery Source Code

The Federal Circuit affirmed the ITC’s finding that Tineco’s redesigned wet-dry vacuum cleaners do not infringe BISSELL’s patents, while also establishing that ITC experts may rely on source code produced in discovery but never formally admitted as a hearing exhibit under FRE 703.

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