New England IP Blog

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

Category Archives: Infringement/Willfulness

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A Trademark Licensor Is Not Its Licensee’s Keeper

It appears Oban’s case against Nautilus now has no pulse.  In a recent opinion in Oban US, LLC v. Nautilus, Inc. and Sports Beat, Inc., Judge Arterton granted Nautilus’ motion to dismiss Oban’s claims against Nautilus for contributory trademark infringement, vicarious copyright infringement, trade dress infringement, and unfair competition under the Lanham Act and “unspecified” state … Continue Reading

Veracode Wins Patent Infringement Trial Against Appthority

Following a nine day trial, last Friday a Boston jury delivered a patent infringement verdict in favor of Veracode, Inc. and Rovi Solutions Corporation.  In the case before Judge Woodlock in the U.S. District Court for the District of Massachusetts, Veracode and Rovi accused Appthority, Inc. of infringing two patents.  The two asserted patents, U.S. … Continue Reading

No Pay Day for Protegrity’s Indirect Infringement Claims in Paymetric Case

When it comes to pleading indirect and willful infringement, complaints short on facts can be short-lived.  In Protegrity Corporation v. Paymetric, Inc., District Judge Vanessa L. Bryant granted Paymetric’s motion to dismiss Protegrity’s claims for contributory infringement, inducement of infringement, and willful infringement.  Paymetric did not challenge the sufficiency of Protegrity’s pleading for direct infringement. … Continue Reading

LevelUp Credited with Non-Infringement

When LevelUp was sued for patent infringement by an individual plaintiff, Jack Barron (“Barron”), it scored an aggressive win in part because of a finding that its mobile app was akin to an electronic credit card.  According to the court’s order, LevelUp is the creator of an app, “that allows users to pay for goods … Continue Reading

Motion to Amend Infringement Contentions Denied Based on Futility

District Judge Nathaniel Gorton denied a plaintiff’s motion for leave to amend its infringement contentions, finding the amendments, if allowed, would be “futile.” This eventful case involves Amphastar Pharmaceuticals’ alleged infringement of Momenta Pharmaceuticals’ patent covering procedures related to an anticoagulant drug marketed as Lovenox (generically known as enoxaparin). Momenta filed suit in September, 2011, days after … Continue Reading

Protegrity’s Protective Patent Push

The Connecticut-based data security company, Protegrity Corporation, continued its aggressive stance regarding its data protection patent portfolio this month. On June 6, Protegrity sued Gazzang, Inc., a competitor data security company based in Austin, Texas, in the Connecticut federal district court. This suit marks the fourteenth patent infringement complaint that Protegrity has brought in Connecticut … Continue Reading
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