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June 2007
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August 2007

Central Mfg., Inc. v. Brett

Trademark infringement and unfair competition action against a baseball bat company and a former baseball player. The court decided that there was no evidence of any use of the mark in commerce and that canceling the mark was appropriate. Download... Read more →

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Pharmastem Therapeutics, Inc. v. Viacell, Inc.

This patent infringement action was brought by appellant PharmaStem Therapeutics, Inc., in the United States District Court for the District of Delaware. PharmaStem sued six defendants (four of which are appellees before us in this appeal), alleging that the defendants... Read more →

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China's Impact on Intellectual Property

The U.S. Commercial Service is pleased to announce the USPTO is sponsoring a China-focused intellectual property (IP) "roadshow" in Philadelphia as part of the USPTO's public awareness and enforcement of intellectual property rights in the global marketplace. The event will... Read more →

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Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd.

This case raises the question of whether an equivalent is foreseeable within the meaning of Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 535 U.S. 722, 740 (2001) (“Festo VIII”), and subject to surrender under the doctrine of prosecution history... Read more →

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Hutchins v. Zoll Med. Corp.

This appeal arises from charges of patent and copyright infringement based on a computer-assisted system of administering emergency procedures, primarily cardiopulmonary resuscitation (CPR). Mr. Donald C. Hutchins charged Zoll Medical Corporation with infringement of Hutchins' United States Patent No. 5,913,685... Read more →

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Honeywell Int'l, Inc. v. Universal Avionics Sys. Corp.

This case concerns a patent on aircraft technology that plaintiffs Honeywell International, Inc., and Honeywell Intellectual Properties, Inc., (collectively, “Honeywell”) asserted against defendant Universal Avionics Systems Corp. We hold that the district court correctly interpreted the disputed terms of the... Read more →

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Zomba Enters., Inc. v. Panorama Records

Panorama Records, Inc. (“Panorama”), a purveyor of karaoke discs, resembles the majority of these participants. It entered the business of recording and selling karaoke discs without considering whether doing so infringed the intellectual property rights of others. Before long, this... Read more →

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Hansen Beverage Co. v. Nat'l Beverage Corp.

National Beverage Corporation, Shasta Beverages, Inc., NewBevCo., Inc., and Freek’N Beverage Corporation (collectively, “National”) appeal the district court’s grant of a preliminary injunction prohibiting National from infringing upon the trade dress of Hansen Beverage Company’s line of “Monster” energy drinks.... Read more →

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Young v. Lumenis, Inc.

William P. Young appeals from the judgment of the United States District Court for the Southern District of Ohio holding that claims 1-5 of U.S. Patent 6,502,579 (the “’579 patent”) are invalid as indefinite under 35 U.S.C. § 112, ¶... Read more →

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Saunders Group, Inc. v. Comfortrac, Inc.

The Saunders Group, Inc., brought this patent infringement action in the United States District Court for the Eastern District of Virginia, Docket No. 1:05cv69. Saunders alleged that the defendants are liable for infringement of U.S. Patent No. 6,899,690 (“the ’690... Read more →

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