Patent venue is governed by 28 U.S.C. § 1400(b), which provides: “Any civil action for patent infringement may be brought in the judicial district where; the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” The Supreme Court has held “that a domestic corporation […]
It is a constitutional requirement for a party to have standing. TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2203 (2021). For parties to have standing, there must be a legally recognized injury in fact to the plaintiff, traceable to the defendant, and redressable by the court. See Lujan v. Defs. of Wildlife, 504 U.S. 555, […]
Maintaining the secrecy of documents produced in the context of discovery between parties is generally more permissible than in the context of court filings because there is a strong presumption in favor of the openness of court records. See, e.g., In re National Prescription Opiate Litigation, 927 F.3d 919, 938-939 (6th Cir. 2019); Shane Grp., […]
On September 26, 2023, the U.S. Patent and Trademark Office (USPTO) issued U.S. Patent No. D1,000,000. The one-millionth design patent. This design patent was issued to Agustina Huckaby of Fort Worth, Texas, for a dispensing comb. Huckaby, a licensed cosmetologist, markets her business under the federally registered trademark POMP AND POWDER. The first U.S. design […]
The “ordinary observer” test for design-patent infringement is as follows: [I]f, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other, the […]