New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Sports

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Summary Judgment Shot Down in Rifle Patent Lawsuit

hunting rifle-1In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard, but denied the motion with respect to infringement under the doctrine of equivalents. The case arose when the plaintiff, Davies Innovations, Inc., the owner of a U.S. patent … Continue Reading

Bottom of the Ninth Disclosure of New Damages Theory Warrants More Discovery

In a recent opinion in a patent infringement case concerning a baseball pitching simulator, Judge Vanessa Bryant in the District of Connecticut issued an order to administratively close the case, pending further damages discovery. The discovery was needed because the plaintiff ProBatter apparently disclosed a new damages theory late in the case, just months before trial. … Continue Reading

Serial Adversaries Are Still No Big Deal

Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial adversaries are still no issue. Judge Talwani again found no evidence that Cooley’s representation of two separate … Continue Reading

Congratulations to Proskauer’s Mark Harris, Named “Litigator of the Week” for Biosig Patent Victory at the Federal Circuit

We wish to express our congratulations to Proskauer’s appellate litigator Mark Harris, who spearheaded a significant patent litigation victory on April 27 when the Federal Circuit reaffirmed a decision vacated by the Supreme Court, ruling in favor of Biosig Instruments in what is now the leading case concerning whether patent claims are invalid as indefinite. The Am Law … Continue Reading

Serial Adversaries Are No Big Deal

Massachusetts District Court Judge Indira Talwani reminded litigants that for lawyers to be conflicted out of a case, they must be on the other side of the “v” from a former client, not a former adversary, since the issue is ultimately whether counsel will be constrained from vigorous representation of their new client.  The order concerned a case … Continue Reading

Non-Party Dodges Impleader Attempt in “CrossFit” Trademark Infringement Suit

The alleged infringer of the “CrossFit” trademark may have gotten winded after reading a recent order from Judge Saylor.  In that case, Plaintiff CrossFit alleged that Donald Mustapha—who appeared pro se—infringed its trademark by offering exercise programs under the “CrossFit” name.  In response to the complaint, Mustapha filed so-called “counterclaims” against various third parties, which were … Continue Reading

No Helmet Needed in D. Mass. When Facing Motion to Strike New Counterclaims

In a recent trade dress infringement case involving manufacturers of sporting helmets, Judge Saylor set forth a unique approach in deciding a motion to strike newly added counterclaims.  The case started out, as they often do, with patent claims.  In its original complaint, plaintiff Bern Unlimited alleged that defendant Burton Corp. infringed a design patent directed … Continue Reading
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