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Sprint, Novozymes, Uncommon, Taco John, Soulja Boy: Intellectual Property
Sprint Nextel Corp., the third- largest U.S. mobile-phone carrier, lost an appeal of a $2.78 million trial verdict over patents for a way to determine the location of a wireless telephone.
The U.S. Court of Appeals for the Federal Circuit yesterday upheld the verdict won by closely held Enovsys LLC, which sued Overland Park, Kansas-based Sprint and several subsidiaries in 2006.
Two patents cover inventions that use global positioning satellites to locate a mobile device, and select whether to disclose that information based on a user’s security settings. The suit targeted Sprint’s iDen and CDMA wireless networks.
“We are still reviewing the ruling and are in the process of determining what additional actions we might pursue,” Jason Gertzen, a spokesman for Sprint, said in an e-mail.
The Federal Circuit “reached the right result,” said Greg Dovel of Dovel & Luner LLP in Santa Monica, California, who argued the case for Los Angeles-based Enovsys.
Sprint’s case was argued by Donald R. Dunner of Washington’s Finnegan, Henderson, Farabow, Garrett & Dunner LLP.
In a 2-1 decision, the Federal Circuit in Washington said the trial judge was correct to deny Sprint’s request to overturn the jury’s verdict. Sprint argued that it didn’t infringe the patents and the judge erred in his interpretation of terms describing the invention. At issue in the case were patents 5,918,159 and 6,560,461.
Verizon Wireless and AT&T Inc. are the two biggest U.S. wireless carriers.
The case is Enovsys LLC v. Nextel Communications Inc., 2009-1167, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Enovsys LLC v. Nextel Communications, 06cv5306, U.S. District Court, Central District of California (Los Angeles).
Novozymes Will Argue Danisco Willfully Infringes U.S. Patent
Novozymes A/S will amend its U.S. patent-infringement lawsuit against Danisco A/S to assert the alleged infringement is “willful,” entitling Novozymes to an award of enhanced damages, court documents show.
Novozymes wants the trial be held in June next year if the court grants its request for an order preventing Danisco from making or selling in the U.S. an alpha amylase enzyme used in biofuels, according to documents filed July 30 in federal court in Madison, Wisconsin. The case was filed May 11, the day its patent 7,713,723 on the enzyme was issued.
“As Danisco is maintaining the product on the market, the infringement becomes willful,” Mikkel Viltoft, general counsel for Bagsvaerd, Denmark-based Novozymes, said yesterday in a phone interview.
Carl Johan Corneliussen, a spokesman for Danisco, declined to discuss details of the case when reached by telephone.
Both companies produce enzymes that break down organic material, such as grain, corn, woodchips and agricultural waste, to form bioethanol, which is used as an alternative to fossil fuels. Biofuels made from crop remnants can be blended with carbon-based fuels and has the potential to replace one-third of the gasoline consumption by 2030, Novozymes has said.
If Novozymes’ request for a court order isn’t granted, the company asked for an expedited trial on liability issues to take place in February 2011, with damages to be discussed in separate proceedings later. Copenhagen-based Danisco proposed an October 2011 trial regardless of whether Novozymes gets the injunction or not.
“We expect within a short period of time to have that part of the whole procedure settled,” Viltoft said.
In 2007, Danisco paid Novozymes $15.3 million to settle a patent dispute over a different enzyme used in ethanol production. In a separate case, Danisco filed a U.K. patent- infringement lawsuit against Novozymes over an unspecified enzyme on July 19.
The case is Novozymes A/S v. Danisco A/S, 10-cv-00251, U.S. District Court, Western District of Wisconsin (Madison).
For more patent news, click here.
Trademark
San Francisco Tourist Shops Named in Fake Designer Goods Case
Shops in San Francisco’s Fisherman’s Wharf area were indicted in a federal enforcement action against West Coast retailers suspected of selling fake designer goods.
Eight different stores, in a neighborhood popular with tourists, were accused of selling fake versions of more than 70 designer brands including those of Coach Inc., Nike Inc. and Liz Claiborne Inc.’s Kate Spade unit. Merchandise categories included clothing, leather goods, jewelry and watches, scarves and sunglasses. The indictments were unsealed Aug. 2.
More than $100 million worth of fake merchandise was seized by U.S. Immigration and Customs Enforcement, according to a statement from the U.S. Department of Justice. The action marked the largest counterfeiting case ever brought by customs authorities against West Coast retailers, John Morton, Immigration and Customs Enforcement director, said in a statement.
In addition to the stores, 11 people were named in the indictment. They were either owners or employees of the accused stores, or owners of storage units where the fake goods were stored.
The investigation began in December 2007 with the interception of a container at the Port of Oakland containing more than 50,000 counterfeit designer accessories with an estimated value of more than $22 million. The consignee for that shipment was one of the accused stores.
Uncommon Claims It Doesn’t Infringe Marks of UncommonGoods
Uncommon LLC, a Chicago-based seller of customizable cases for mobile telephones, asked a court to declare it isn’t infringing trademarks belonging to UncommonGoods LLC.
The Chicago company said it’s been threatened with infringement litigation by Brooklyn, New York-based UncommonGoods, a seller of furniture, jewelry, apparel, and toys.
Additionally, the New York company initiated two proceedings asking the U.S. Patent and Trademark Office to deny Uncommon’s trademark registrations, according to the complaint filed Aug. 2 in federal court in Chicago. UncommonGoods operates the www.uncommongoods.com website through which it sells such items as a water-powered clock, and a bicycle wheel with an embedded gyroscope that keeps the bike balanced.
Uncommon claims its business reputation and ongoing relationships with its customers and potential customers have been damaged by the New York company’s actions. It does business through its www.getuncommon.com website.
It asked the court to declare it isn’t infringing UncommonGoods’ trademarks, and to order the New York company to stop asserting that its rights are being violated. Additionally, Uncommon asked for awards of attorney fees and litigation costs.
Uncommon is represented by Nicholas S. Lee and Edward L. Bishop of Bishop & Diehl Ltd. of Schaumburg, Illinois.
The case is Uncommon LLC v. UncommonGoods LLC, 1:10-cv-04818, U.D. District Court, Northern District of Illinois (Chicago).
Taco John’s Forces Iguana Grill to Abandon ‘Taco Tuesday’
Taco John’s International Inc., a fast-food chain based in Cheyenne, Wyoming, is demanding Oklahoma City’s Iguana Mexican Grill halt its “Taco Tuesday” taco promotion, the Oklahoman reported.
Although the Wyoming chain registered the phrase with the U.S. Patent and Trademark Office in 1989, Tortilla Flats operates the www.tacotuesday.com website and says it has used the phrase since 1976, according to the newspaper.
The Iguana Grill said it will quit using the name for its $1 taco nights, which it will continue to hold, according to the Oklahoman.
Taco John’s, with 425 outlets, presently has no restaurants in operation in Oklahoma, the newspaper reported.
For more trademark news, click here.
Copyright
‘Soulja Boy’ Sued for Infringing Clothing Text Copyright
Deandre Cortez Way, a rap musician who performs as “Soulja Boy,” was sued for copyright infringement by a Michigan clothing designer.
Clement Brown Jr. claims Way infringed the “textual work” known as “Laundry money” that he applies to clothing. The text, which begins “grind ... hustle hard ... double up ... flip ... stack ... get your weight up” is infringed by the “S.O.D. Money Gang Code of Honor” that is tattooed on Way’s chest, according to the complaint filed July 30 in federal court in Detroit.
Brown also objects to the use of the “Money Gang Code” on the Sod Money Gang Entertainment Inc. website for Way’s record label. He claims that Way and musicians known as Jbar and Arab are using this code on social-media sites to increase “sales of concert tickets, record albums, clothing apparel and other items.” Jbar and Arab are codefendants with Way.
Way was never given permission to use any portion of Brown’s work, according to court papers. Brown accused Way of “taking full credit” for the work and not acknowledging the misappropriation.
Brown asked the court to direct Way and the other defendants to quit infringing his work, and to order the seizure and destruction of all allegedly infringing products and promotional materials. He also seeks an award of money damages, attorney fees and litigation costs.
He is represented by Jeffrey P. Thennisch of Pontiac, Michigan’s Dobrusin & Thennisch PC.
The case is Clement Brown Jr. v. Deandre Cortez Way, 2:10-cv-13016-VAR-MAR, U.S. District Court, Eastern District of Michigan (Detroit).
IP Moves
Edwards Angell Adds Brian Murphy to New York IP Practice Group
Edwards Angell Palmer & Dodge LLP hired Brian P. Murphy for its IP practice, the Boston-based firm said in a statement.
Murphy, a patent litigator, joined from Philadelphia’s Morgan Lewis & Bockius LLP. He has represented clients whose technologies have included biotechnology, consumer products, biomedical devices, pharmaceuticals and electronics. He will practice in New York.
He has an undergraduate degree in chemistry from the University of Virginia and a law degree from Fordham University.
To contact the reporter on this story: Victoria Slind-Flor in Oakland, California, at vslindflor@bloomberg.net.
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