2011 November Archive

Los Angeles Based Surfer Kelly Slater Issued Patent For Wave Pool

By Mandour & Associates, APC on November 29, 2011

wave-200x132 Los Angeles – Eleven-time world surfing champion Kelly Slater was recently issued a patent by the USPTO for a wave pool. Slater’s Kelly Slater Wave Company applied for patent protection with the USPTO in 2008 after developing a donut shaped wave pool creating a barrel wave. According to Slater, the USPTO issued the patent after a three year application process. Read the rest »

Posted in: Patent Registration

Apple Continues Battle With Amazon Over ‘App Store’ Trademark

By Mandour & Associates, APC on November 28, 2011

Trademark Infringement LawLos Angeles – Much to the chagrin of players in the mobile market, Apple has managed to register the trademark for the term “App Store” for its iTunes App Store. However, now that Amazon is calling its Android app sales portal the “Amazon Appstore,” Apple has been trying to fight it in a trademark infringement lawsuit since March. Read the rest »

Trademark Dispute Over Toucan Logo Resolved

By Mandour & Associates, APC on November 22, 2011

Trademark LawsLos Angeles – A Trademark dispute concerning Fruit Loops mascot Toucan Sam was recently resolved without litigation. The dispute began when cereal maker Kellogg asked San Francisco based cultural heritage group the Mayan Archaeology Initiative (MAI) to cease using a logo that Kellogg claimed was too familiar to the well-known Fruit Loops mascot, Toucan Sam. Read the rest »

San Diego Judge Rules that Patent Infringement Award Against Microsoft Is Excessive

By Mandour & Associates, APC on November 16, 2011

MicrosoftSan Diego – A federal judge in a San Diego district court recently held that a jury award in a patent infringement action against Microsoft totaling $70 million was excessive and not supported by substantial evidence. District court judge Marilyn Huff has ordered either that the damage award be reduced or that Microsoft opt to re-try the case. Read the rest »

Posted in: Patent Infringement

Amazon’s Kindle Fire a Hot Target For Patent Lawsuit

By Mandour & Associates, APC on November 16, 2011

Orange County – Amazon’s Kindle Fire hit the market yesterday, and it is already the subject of a patent lawsuit. Smartphone Technologies, LLC claims that Amazon directly infringed on several touch screen related patents. It also claims that Amazon indirectly infringed on these patents by allowing its customers to use the device. It filed suit in federal court against Amazon in the Texas Eastern District and seeks royalty fees. Read the rest »

Posted in: Patent Infringement

Las Vegas Switch Data Center Files Trademark Infringement Lawsuit

By Mandour & Associates, APC on November 14, 2011

Los Angeles – Switch Communications Group, LLC, the operator of a large data center in Las Vegas, has filed a trademark infringement lawsuit against a Canadian man over his registration of the switch.net Internet domain name last month. Read the rest »

Supreme Court Clarifies Standard Of Proof For Indirect Patent Infringement

By Mandour & Associates, APC on November 14, 2011

supreme_court-192x164 Los Angeles – The Supreme Court recently clarified the standard of proof required to prevail in an action for indirect patent infringement by intending to induce infringement in a recent case, Global-Tech Appliances v. SEB S.A., 131 S. Ct. 2060 (2011). Prior to the ruling, it was unclear whether the inducing party must have acted only to induce the infringing act or whether the inducing party must have also intended that the infringing act actually infringe the patent at issue. The Supreme Court recently held that to be liable for inducing patent infringement under 35 U.S.C. § 271(b), the defendant must have knowledge that the infringing act it induced constituted patent infringement. Read the rest »

Posted in: Patent Infringement

BASCOM Wins Jury Verdict In Patent Infringement Suit Against AOL

By Mandour & Associates, APC on November 10, 2011

Patent LawyerSan Diego – Internet software company BASCOM Global Internet Services, Inc. recently received a favorable jury verdict finding that AOL infringed patents owned by BASCOM. The case was brought by plaintiff BASCOM concerning allegedly infringing use of BASCOM’s patents involving internet filtering technology by defendant AOL. After a weeklong trial, the jury awarded $10,000,000 to BASCOM as a royalty for AOL’s past infringement. Read the rest »

Posted in: Patent Infringement

Occupy Wall Street Movement Inspires Rush to Trademark Office

By Mandour & Associates, APC on November 10, 2011

LA Trademark LawyerLos Angeles – As the Occupy Wall Street Movement receives increasing press coverage and national visibility, merchants have increasingly attempted to market related merchandise to protesters and supporters. As of November 10, 2011, several companies have filed for trademark protection for different trademarks and slogans related to the movement. The USPTO has recently received trademark applications from various merchants seeking to register trademarks such as “Occupy,” “Occupy DC 2012,” “We are the 99 percent,” and “Occupy Wall St.” Read the rest »

Bayer CropScience Files Patent Infringement Lawsuit Against Dow AgroSciences

By Mandour & Associates, APC on November 10, 2011

wheat-seed1-200x133 Los Angeles – German based Bayer CropScience recently amended its complaint in its patent infringement lawsuit against Dow Agro Sciences in a Delaware Federal Court adding additional counts of patent infringement. Bayer alleges that Dow’s application for approval to market a three-gene herbicide tolerant soybean infringed on seven Bayer patents. Read the rest »

Posted in: Patent Infringement