Florida Lawyer News Services | Robbins Equitas

(Tampa bankruptcy attorney) In re Ferguson

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(U.S. Fed. Cir., Administrative Law, Intellectual Property, Patent) The Board of Patent Appeals decision sustaining the rejection of plaintiff’s patent application, directed to a marketing paradigm for bringing products to market, is affirmed where plaintiff’s patent claims do not cover patent-eligible subject matter under 35 U.S.C. section 101 and are not within the parameters of the statutory requirements.

United Nat’l Ins. Co. v. Spectrum Worldwide, Inc.

(U.S. 9th Cir., Contracts, Insurance Law, Intellectual Property, Media Law, Remedies, Trademark) In a suit by an insurance company for reimbursement of its settlement contribution in a trademark infringement action, summary judgment for plaintiff is affirmed where: 1) a “first publication” exclusion found in the excess insurance policy applied to infringement claims; 2) defendant was judicially estopped from claiming that it first published infringing material after it purchased the policy; and 3) the district court did not abuse its discretion in finding two defendants jointly and severally liable for repayment of plaintiff’s contribution.

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(Tampa florida lawyer) County of Santa Clara v. Super. Court of Santa Clara County

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(Cal. App., Civil Procedure, Copyright, Government Law) In an issue of first impression in which petitioner-county sought extraordinary relief from a superior court order requiring it to disclose its geographic information system basemap to a real party in interest, petitioner’s writ petition is denied where: 1) the law calls for unrestricted disclosure of the information sought here, subject to the payment of costs to be determined by the trial court; and 2) petitioner-county is not entitled to the relief.

OBX-Stock, Inc. v. Bicast, Inc.

(U.S. 4th Cir., Intellectual Property, Trademark) In a trademark infringement action concerning the term “OBX,” summary judgment for Defendant is affirmed, where “OBX” was purely a geographically descriptive mark with no secondary meaning.

Ball Aerosol
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Specialty Container, Inc. v. Ltd. Brands, Inc.

(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Retail) In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.

United Nat’l Ins. Co. v. Spectrum Worldwide, Inc.

(U.S. 9th Cir., Contracts, Insurance Law, Intellectual Property, Media Law, Remedies, Trademark) In a suit by an insurance company for reimbursement of its settlement contribution in a trademark infringement action, summary judgment for plaintiff is affirmed where: 1) a “first publication” exclusion found in the excess insurance policy applied to infringement claims; 2) defendant was judicially estopped from claiming that it first published infringing material after it purchased the policy; and 3) the district court did not abuse its discretion in finding two defendants jointly and severally liable for repayment of plaintiff’s contribution.

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