Federal Appeals Court Affirms ‘Word Salad’ Is Insufficient Foundation For Patent Infringement

The U.S. Court of Appeals for the Federal Circuit in NexStep, Inc. v. Comcast Cable Commc’ns, LLC issued a precedential decision affirming a district court’s order vacating a jury verdict of infringement because it was supported by nothing more than “word salad” from the patent holder’s expert witness. The court found the expert testimony deficient in several respects, but mainly found it lacking for failing to explain “what the function, way, and result of both the claimed device and […]

By | November 3rd, 2024 ||

The Prevailing Winds Of Public Interest: Tailoring Injunctive Relief In Patent Litigation Through Carve Outs

Grants of permanent injunctions in U.S. district court patent litigation remain uncommon since the landmark decision in eBay v. MercExchange. LexMachina’s 2021 Patent Litigation Report highlights that courts grant fewer than fifteen permanent injunctions annually in the U.S. One such injunction was recently granted in Siemens Gamesa Renewable Energy A/S, v. General Electric Co. (“Siemens”) by the District of Massachusetts. That case is notable not only because it granted an injunction, but also because it took a novel approach […]

By | December 13th, 2022 ||

Trademark Enforcement Injunctions In The NFT Landscape

Trademark enforcement best practices in the NFT landscape continue to evolve.

A court in Italy granted an injunction in favor of the Italian soccer team Juventus based on the unauthorized use of its well-known trademarks in the NFT digital landscape. The Italian court addressed a case where a blockchain platform, Blockeras, minted and commercialized collectible cards in the form of NFTs on its “Coin of Champions” NFT collection and “COC” token ecosystem. As explained in […]

By | December 11th, 2022 ||