Suit Against Kimberly-Clark Transferred from Western District of Washington Mirrors Recently-Filed Complaint

In a recent post, we reported that Pedigo Products, Inc. (“Pedigo”) and its subsidiary OR Specific (“OR-S”) (collectively, “Pedigo”) filed suit on February 5, 2013 in the Northern District of Georgia against Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Global Sales, LLC (collectively, “Kimberly-Clark”), alleging infringement of U.S. Patent No. […]

Comverge Asserts Infringement of Patents Disclosing Power Management/Energy Load Devices and Methods against Entek Systems, a Company Operated by Inventors of Some of the Patents

Energy load devices and methods permit utilities to dial down the amount of electricity used by consumers during peak periods by sending command signals to devices (such as air conditioners) that require large amounts of electricity.  By reducing the electrical demand of large consumption appliances during peak periods, […]

Northern District of Georgia Adopts Special Master’s Patent Claim Construction and Summary Judgment Denial Recommendations Over Sprint’s Objections

In an order entered on February 5, 2013, the Northern District of Georgia adopted the Report and Recommendation of a Special Master concerning disputed patent claim interpretation issues.  This marks the second time in less than a month that the Northern District of Georgia issued this type of […]

Northern District of Georgia Finds Insufficiencies in Both a Covenant Not to Sue and in a MSJ of Patent Obviousness

In an order entered on February 6, 2013, the Northern District of Georgia denied both a plaintiff’s motion to dismiss its own patent infringement claim and a defendant’s motion for summary judgment on its counterclaim for a declaratory judgment of patent invalidity (obviousness).  In denying the plaintiff’s motion, […]

Commenting Upon Applicable Twombly/Iqbal Standards, Northern District of Georgia Refuses to Dismiss Indirect Patent Infringement Allegations

In an order entered on February 8, 2013, the Northern District of Georgia followed recent Federal Circuit precedent holding that the Supreme Court’s decisions in Twombly and Iqbal[1] apply to allegations of indirect patent infringement (i.e., inducement of infringement and contributory infringement).  However, disagreeing with the defendant that […]

Shaw Industries Files Declaratory Judgment Action Against Hershey Over KISSES® Marks

In a case that has already drawn considerable publicity, carpet giant Shaw Industries Group, Inc. (“Shaw”), of Dalton, Georgia, filed a complaint in the Northern District of Georgia against The Hershey Company, of Hershey, Pennsylvania, and Hershey Chocolate and Confectionary Corporation, of Wheat Ridge, Colorado (collectively, “Hershey”), asking the […]

Travel Spike, LLC Re-Files Service Mark Infringement and Cyberpiracy Complaint in Northern District of Georgia

A service mark infringement and cyberpiracy lawsuit has reappeared on the Northern District of Georgia’s docket. The Current Lawsuit On January 30, 2013, Smyrna, Georgia-based Travel Spike, LLC (“Travel Spike”) filed a complaint (“the January 30 Complaint”) against New York City-based Travora Media, Inc. (“Travora”), asserting several counts […]