Introduction On December 18, 2012, the U.S. District Court for the Northern District of Georgia issued a decision dismissing a copyright infringement action and all but one of the pendent state law claims. There is no indication from that decision, however, that as to three state law claims […]
In a complaint filed in the Atlanta Division of the Northern District of Georgia on December 10, 2012, The American Registry of Radiologic Technologists (“ARRT”) seeks to enjoin Antonine X. Brown (“Brown”) for trademark infringement and to recover damages. This lawsuit concerns a species of trademarks known as “certification […]
On December 10, 2012, Cumming-based Mattress Safe, Inc. filed a complaint against New Jersey-based Hospi-Tel Manufacturing Co. (“Hospi-Tel”) in the U.S. District Court for the Northern District of Georgia, alleging trademark infringement and related causes of action. Mattress Safe is the named owner of record of the following […]
Introduction On November 26, 2012, Mr. Michael Chow and other plaintiffs affiliated with the MR CHOW restaurants doing business in New York, London, Miami, and Beverly Hills (and soon in Las Vegas) filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit of a judgment […]
The Supreme Court acted with faster-than-expected speed, granting a petition to review an Eleventh Circuit decision upholding a “pay for delay” agreement (also called a “reverse payment” agreement),[1] which involves the patented drug AndroGel®, against an antitrust attack. As reported in Bloomberg.com, “Companies have struck more than 100 […]
The title of Zac Brown Band’s album You Get What You Give, released in September 2010, may prove ironically prophetic if a new copyright lawsuit results in an award of sought remedies. The complaint, filed on November 30, 2012 by creative leatherworker Kyle Landas, alleges that Landas personally presented […]
VitalStim, LLC (VitalStim), ESD, LLC (ESD), DJO, LLC ((DJO), and Empi, Inc. (Empi) filed suit on December 3, 2012, against eSwallow USA, LLC (eSwallow) asserting infringement of four patents: U.S. Patent 5,725,564 (the ‘564 Patent), U.S. Patent 5,987,359 (the ‘359 Patent), U.S. Patent 6,104,958 (the ‘958 Patent), and […]
“A declaratory action allows a party ‘who is reasonably at legal risk because of an unresolved dispute, to obtain judicial resolution of that dispute without having to await the commencement of legal action by the other side.’”[1] In the patent litigation context, declaratory judgment actions are frequently brought […]
On November 30, 2012, Plaintiff Avion Pharmaceuticals, LLC (“Avion”), which claims to have an exclusive license to trademarks comprising the term PRENATE in whole or in part (“the PRENATE Marks”), filed suit for infringement against Lawrenceville, Georgia-based TherapeuticsMD, Inc. and Boca Raton, Florida-based BocaGreenMD, Inc. (stated to be […]
In a complaint filed in the Atlanta Division of the Northern District of Georgia on November 28, 2012, Clark Equipment Company d/b/a Bobcat Company (”Bobcat Company”) against Nighthawk Machinery, LLC (“Nighthawk”) seeks to recover from Nighthawk for infringement of its DURACORE trademark. For a history of the Clark […]
Georgia IP Litigation 