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Results: 1-10 of 113

Richardson v. Stanley Works, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 16 2010

The scope of a design patent claim must be construed to identify the ornamental and functional aspects of the design, and applying the ordinary observer test, the trier of fact must determine whether the deception that arises is a result of the similarities in the overall design, not of similarities in ornamental features in isolation

The fact that a patentee used equivocal language when communicating with an accused infringer will not prevent a court from applying equitable estoppel

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 2 2010

The district court granted the accused infringer’s motion for dismissal on equitable estoppel grounds based on the patentee’s three years of silence after contacting the accused infringer concerning infringement

Whirlpool sued by artist over designs for kitchenaid mixers

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 10 2013

Plaintiff Nicole Dinardo designs and sells hand painted KitchenAid Mixers. Whirlpool, which owns KitchenAid, allegedly approached Dinardo regarding

SiRF Technology, Inc. v. ITC

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 23 2010

The International Trade Commission ("ITC") issued an exclusion and cease and desist order on importation of certain Global Positioning System ("GPS") devices and products after finding that the devices and products infringed certain patents

Photographer and LavAzza coffee settle copyright infringement lawsuit

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • January 21 2010

In September 2009, Paolo Pizzetti sued Annie Leibovitz and LavAzza coffee for copyright infringement alleging that Leibovitz and LavAzza used one of Pizzetti's photographs in the 2009 LavAzza calendar without permission

Resqnet.com, Inc. v. Lansa, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • February 10 2010

District courts performing reasonable royalty calculations must exercise vigilance when considering past licenses to technologies other than the patent in suit

Where an ambiguous disclosure otherwise might have sufficed to support an earlier priority date, contrary arguments made to persuade an examiner to allow the application may preclude the priority claim

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 11 2010

The district court entered summary judgment in favor of the accused infringer, holding that a patent issuing on a continuation-in-part application related to collapsible storage containers was not entitled to an earlier filing date because material claimed had been disclaimed during prosecution of the priority patent by patentee’s attorney

Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 15 2009

Plaintiff bore the burden of proving ownership of the patents pursuant to a contractual agreement and failed to do so; the district court correctly dismissed the suit without prejudice