New England IP Blog

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

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Pre-Sale Use of Data Storage Trademark Not Enough to Secure Priority Rights

database-4A Massachusetts federal court recently found multiple early uses of a sought-after trademark insufficient to confer priority of rights.  The dispute concerned two technology companies, Nexsan and EMC, each seeking to use the UNITY mark in connection with their computer data storage technologies. The Court held that EMC’s pre-sale uses did not establish “use in commerce” and … Continue Reading

Judge Young Addresses Possibility Versus Plausibility in Patent Pleadings

semionductor-4Judge Young granted a plaintiff leave to file an amended complaint that satisfactorily pushed its claim from merely possible to plausible, in a recent opinion from the District of Massachusetts. The analysis is instructive to prospective plaintiffs as to the threshold showing of use that must be made to sufficiently support a patent infringement claim. In the original complaint, the … Continue Reading

Judicial Efficiency: Judges Young and Stearns Agree to Single Claim Construction Hearing

Presiding over separate but related patent infringement suits against tech-industry giants can be neither straightforward nor efficient. The limits of judicial efficiency are further exacerbated when lawsuits involving the same patents are assigned to two or more judges, as each judge must separately construe the terms of the patents. Addressing this problem, Judges Young and … Continue Reading

New Guidelines for a Motion to Stay an IPR

To stay or not to stay? That is the question.  Oftentimes, a company being sued for patent infringement on a patent being reviewed at the Patent Office would ask that the court stay the litigation and wait for the outcome of the Patent Office’s review.  The Patent Office’s new inter-partes review (“IPR”) proceeding essentially culminates … Continue Reading
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