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A reporter on recent patent and trademark opinions from the United States District Court for the District of Massachusetts

Nutter McClennen & Fish LLP
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USA
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March 10 2010

This is a four-month issue of the Patent and Trademark Bulletin for the District of Massachusetts following a hiatus for the 20092010 holiday season

Patent and trademark bulletin for the District of Massachusetts

Nutter McClennen & Fish LLP
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USA
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May 7 2010

The District Court (Young, D.J) granted in part and denied in part the motion of Plaintiff Bose Corp. (“Bose”) to dismiss andor to strike three counterclaimsone to cancel Bose’s trademark and two for inequitable conduct during patent prosecutionbrought by Lightspeed Aviation, Inc. (“Lightspeed”

Federal Circuit clarifies reissue recapture rule in MBO Labs v. Beckton, Dickinson & Co. dispute

Nutter McClennen & Fish LLP
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USA
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November 18 2010

The Federal Circuit affirmed in part and reversed in part the decision of the District Court (Tauro, J.) granting summary judgment for defendant Becton, Dickinson & Company (“B&D”) on the grounds that certain claims of plaintiff MBO Laboratories, Inc.’s (“MBO”) U.S. Reissue Patent No. 36,885 (the “RE ’885 patent”) were invalid for reissue recapture

Judge Gertner construes scope of patent related to prenatal screening for Down Syndrome

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Perkinelmer, Inc. and its subsidiary (“Perkinelmer”) brought this action against Intema Ltd. (“Intema”) seeking a declaratory judgment that the patent-in-suit is invalid and not infringed

District court dismisses trademark infringement and unfair competition claims against Under Armour

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Ruggers, Inc. (“Ruggers”) brought this action against defendants United States of America, Rugby Football Union, Ltd. (“USA Rugby”) and various other clothing vendors including Under Armour, Inc. (“Under Armour”), alleging inter alia false advertising and trademark infringement under the Lanham Act and unfair competition under M.G.L. c. 93A

Bear Republic Brewing Co. loses motion to preliminarily enjoin use of its RACER 5 and RED ROCKET marks

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Bear Republic Brewing Co. (“Bear Republic”), owner of the marks RACER 5 and RED ROCKET, sued defendant Central City Brewing Co. (“Central City”) for trademark and trade dress infringement and moved for a preliminary injunction to preclude Central City from using its mark RED RACER

Court rules on numerous motions in patent spat related to LEDs, including motions addressing ownership, inventorship, validity, and enforceability

Nutter McClennen & Fish LLP
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USA
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November 18 2010

The District Court (Young, D.J.) ruled on more than ten motions, including a motion to dismiss, a motion to clarify claim constructions, and a number of motions for summary judgment filed by both Plaintiff Gertrude Neumark Rothschild (“Rothschild”) and the Defendant Cree, Inc. (“Cree”

District court finds personal jurisdiction over defendants in Berklee College of Music, Inc. trademark and copyright lawsuit

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Berklee College of Music, Inc. (“Berklee”) brought this action against Defendants Music Industry Educators, Inc. (“MIE”) and its majority owner John Terrell, alleging trademark and copyright infringement, unfair competition, and deceptive trade practices under M.G.L. c. 93A stemming from publication of Berklee’s copyrighted material and trademarks on MIE’s website

$1.6 million judgment in favor of patentee in street-hockey ball lawsuit upheld

Nutter McClennen & Fish LLP
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USA
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November 18 2010

As reported in the AprilMay 2009 edition of the Patent & Trademark Bulletin for the District of Massachusetts, the district court awarded Plaintiff Gentile $1,897,650.84, which included treble damages for willful infringement of the patent-in-suit concerning a street hockey ball partially filled with non-toxic liquid antifreeze

Gore wins summary judgment of non-infringement in case brought by Millipore

Nutter McClennen & Fish LLP
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USA
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November 18 2010

Plaintiff Millipore Corporation (“Millipore”) brought this action against Defendant W.L. Gore Associates, Inc. (“Gore”) for infringement of U.S. Patent No. 7,293,477 (the “’477 patent”), concerning fluid sampling devices and kits comprising of components of same

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