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August 2021
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Hepp v. Facebook

Section 230 of the Communications Decency Act of 1996 bars many claims against internet service providers. See 47 U.S.C. § 230(c). But Section 230 does not bar intellectual property claims. § 230(e)(2). The question presented in this appeal is whether... Read more →

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Beasley v. Howard

Musicians David Beasley and William Howard are embroiled in a long-running dispute over the rights to the band name “Ebonys.” Beasley filed two petitions before the Trademark Trial and Appeal Board (“TTAB”) to cancel Howard’s registered THE EBONYS mark. The... Read more →

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In Re MaxPower Semiconductor, Inc.

MaxPower Semiconductor, Inc. (“MaxPower”) directly appeals the Patent Trial and Appeal Board’s (“Board”) determinations to institute inter partes review proceedings, which involve four MaxPower patents. MaxPower alternatively seeks a writ of mandamus to review those decisions. IT IS ORDERED THAT:... Read more →

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Hamilton International Ltd. v. Vortic LLC

Hamilton International Ltd. sued Vortic LLC and its founder, Robert Thomas Custer, for selling wristwatches that featured restored antique pocket watch parts with Hamilton’s trademark. Following a bench trial, the District Court entered judgment on all claims in favor of... Read more →

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Bell v. Wilmott Storage Services, LLC

The panel reversed the district court’s grant of summary judgment in favor of the defendant based on a putative de minimis use defense in a copyright case, and remanded for consideration of remaining defenses and damages issues. The panel held... Read more →

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Ayla, LLC v. Alya Skin Pty. Ltd.

Reversing the district court’s dismissal of a trademark infringement action for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2), and remanding, the panel held that defendant Alya Skin Pty. Ltd., an Australian skincare company, was subject... Read more →

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HTC Corp. v. Telefonaktiebolaget LM Ericsson

After negotiations for a patent licensing agreement soured, the plaintiffs sued the defendants and alleged that they had breached their contractual obligation to offer a license on fair, reasonable, and nondiscriminatory terms. The jury found in the defendants’ favor, and... Read more →

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Piano Factory Group, Inc. v. Schiedmayer Celesta GmbH

In this trademark case, the appellants, Piano Factory Group, Inc., and Sweet 16 Musical Properties, Inc. (collectively, “Sweet 16”), seek review of a decision of the Trademark Trial and Appeal Board (“TTAB” or “Board”) that ordered the cancellation of a... Read more →

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Lubby Holdings LLC v. Chung

Henry Chung appeals a judgment of the United States District Court for the Central District of California, finding that Mr. Chung was liable for infringing U.S. Patent No. 9,750,284 (the “’284 patent”) and awarding damages of $863,936.10. Although we conclude... Read more →

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Belcher Pharmaceuticals, LLC v. Hospira, Inc.

This is an appeal from a decision of the U.S. District Court for the District of Delaware that U.S. Patent No. 9,283,197, which Appellant Belcher Pharmaceuticals, LLC asserted against Appellee Hospira, Inc. in a patent infringement suit under the Hatch-Waxman... Read more →

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