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Results: 1-10 of 129

Court finds Starbucks coffee diluted by competitor
  • Winston & Strawn LLP
  • USA
  • January 7 2010

The Second Circuit Court of Appeals recently partially overruled a lower court and held that Wolf Borough Coffee, Inc. dba Black Bear Micro Roastery's "Charbuck's Blend" and "Mister Charbucks" coffee brands diluted Starbucks' famous "Starbucks" mark in violation of the Federal Trademark Dilution Act (FTDA


A broader independent claim cannot be nonobvious where a dependent claim stemming from that independent claim is invalid for obviousness
  • Winston & Strawn LLP
  • USA
  • March 9 2010

Following a five-day trial, the jury returned a special verdict that defendant willfully infringed claims of a patent relating to a cooling device designed to mount within the drive bay of a computer, that certain independent claims were not invalid as obvious, but that certain dependent claims were obvious


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


A patent’s preamble limits the invention only if it recites essential structure or steps, or is necessary to give life, meaning, and vitality to the claim
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The patent-in-suit related to technology intended to decrease the time needed to decode digital television transmissions


The standard to evaluate the sufficiency of incorporation by reference language in the patent specification is whether the identity of the incorporated reference is clear to a reasonable examiner in light of the documents presented
  • Winston & Strawn LLP
  • USA
  • April 27 2010

A patent applicant involved in a patent interference proceeding appealed a finding by the Board of Patent Appeals and Interferences (“Board”) that the claims of its present ‘880 application were unpatentable for lack of written description


Apple wins 16 domain names from cybersquatter
  • Winston & Strawn LLP
  • USA
  • January 11 2010

Apple, Inc. filed two UDRP Complaints against Daniel Bijan at the National Arbitration Forum ("Forum") in November 2009


Bollywood different from Hollywood at Trademark Office
  • Winston & Strawn LLP
  • USA
  • February 15 2010

Even if the mark THE HOLLYWOOD REPORTER has acquired sufficient distinctiveness to be granted trademark registration by the US Trademark Office, that does not support an application to register THE BOLLYWOOD REPORTER, since the two are not legally equivalent


Pequignot v. Solo Cup Company, No. 2009-1547 (Fed. Cir. June 10, 2010)
  • Winston & Strawn LLP
  • USA
  • June 22 2010

Leaving expired patent number markings on products after the patents have expired, even knowingly, does not show a purpose of deceiving the public


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


The context in which a term is used in the asserted claim can be highly instructive
  • Winston & Strawn LLP
  • USA
  • January 27 2010

The patentee sued the accused infringer on a patent related to automatically calling an elevator and taking a passenger to a specific location based on passenger specific information