Monthly Archives: August 2021

No Coextensive Nexus for Gravity-Fed Soup-Can Dispenser

By James Juo. The Federal Circuit in Campbell Soup Co. v. Gamon Plus, Inc., Nos. 20-2344 and 21-1019 (Fed. Cir. Aug. 19, 2021), reversed the Patent Trial and Appeal Board in two inter partes reviews regarding U.S. Design Pat. Nos. D612,646 and D621,645 (the `646 Patent, and `645 Patent, respectively) owned by Gamon. The Court […]

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Lanham Act’s Extraterritorial Scope According to the Tenth Circuit

By James Juo. The Tenth Circuit has held that the Lanham Act extends to extraterritorial conduct involving foreign defendants making foreign sales in Hetronic International, Inc. v. Hetronic German Gmbh, Nos. 20-6057 & 20-6100 (10th Cir. Aug. 24, 2021). Plaintiff, a US company that manufactures and sells wireless Radio Remote Controls (RRC) for industrial equipment […]

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Court Denies Amendment to Accuse Additional Cannabis Containers of Patent Infringement

The District of Colorado in All Plastic Inc. v. SamDan LLC et al., No. 1:20-cv-01318, has denied a motion to amend a complaint to accuse additional products (namely, certain cannabis containers that were commercially released after the filing of the lawsuit) of patent infringement because, under the circumstances, the plaintiff earlier should have determined whether […]

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Beware of Private Trademark Registers

by James Juo. After your trademark application is filed with the U.S. Patent and Trademark Office (“USPTO”), you may receive a notice in the mail (which may look like an invoice) asking for a hefty “publication fee” or “private listing” for your trademark. The notice may have official sounding names such as “World Trademark Register” […]

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Recovering Attorneys’ Fees in Intellectual Property Cases

If someone has violated your intellectual property rights, it’s only natural that you’d want to get your attorneys’ fees back when the case is finalized. Depending on the jurisdiction, the circumstances of the case and the type of intellectual property at stake, this may be possible. As always, the best way to find out whether […]

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