Supreme Court Upholds Patentability of Software and Business Methods

June 28, 2010 | Intellectual Property News

In Bilski v. Kappos, an inventor had filed a patent application for a process of buying a commodity at a low price under a periodic contract and selling it at a higher price. Setting aside the question of whether the claimed invention was even remotely new, the Patent Office rejected it because it was not […]

Court of Appeals Reins in False Marking Litigation

June 10, 2010 | Intellectual Property News

For more than a century, the patent statutes have made it illegal to include a patent number on a product that is not actually covered by the patent. 28 U.S.C. 292 provides that the use of a patent number, or the words “patented” or something similar, on a product or in advertising for the product, […]

False patent marking requires greater attention

February 5, 2010 | Intellectual Property News

For more than a century, the patent statutes have made it illegal to include a patent number on a product that is not actually covered by the patent. 28 U.S.C. 292 provides that the use of a patent number, or the words “patented” or something similar, on a product or in advertising for the product, […]

BLG prevails in Eighth Circuit appeal; contract ruled to require arbitration of patent claims

August 27, 2009 | Intellectual Property News

BLG attorneys achieved an order requiring a plaintiff in a patent infringement action to assert its claims in arbitration against BLG client Costco. In this action, filed in federal court in St. Louis, the plaintiff asserted claims for design patent infringement and trade dress infringement. We argued that because the plaintiff was a former vendor […]

BLG obtains preliminary injunction against trademark and domain name infringement

August 20, 2009 | Intellectual Property News

BLG attorneys obtained a preliminary injunction leading to an eventual stipulated judgment in favor of our client Suarez Corporation Industries against Earthwise Technologies and Earthwise Innovations. This action involved trademark infringement and breach of contract claims in which former distributors of products originating with our client continued to use infringing trademarks and Internet domain names. […]

BLG wins summary judgment finding trade dress to be functional in slurry pump case

August 15, 2009 | Intellectual Property News

BLG attorney Larry Graham teamed up with Beresford Booth in defending their client Atlas Equipment Company against charges that their slurry pumps infringed a trade dress owned by Weir Slurry Group and Weir Minerals. This complicated case involved gathering evidence and testimony from witnesses in China, Australia, and across the United States in order to […]

BLG prevails in inter partes reexamination; patent claims upheld

June 5, 2009 | Intellectual Property News

In a statistically rare event, BLG attorneys have achieved a decision upholding the patentability of the claims of a patent related to a laryngoscope for their client Verathon. After asserting the patent against others in litigation, an inter partes reexamination request was filed to challenge the validity of the patent. During the reexamination process, BLG […]

BLG wins summary judgment of patent invalidity in ski patent defense

June 5, 2009 | Intellectual Property News

BLG defended its client K2 by obtaining an order invalidating a patent that had been asserted against K2. The lawsuit was filed by Paul Nelson, who owned a patent related to a short, wide ski. Mr. Nelson had succeeded in licensing the patent to others before suing K2 in a patent infringement lawsuit filed in […]

BLG obtains favorable claim construction ruling and settlement in patent infringement defense

February 5, 2009 | Intellectual Property News

BLG attorneys defended their client Progressive International in a patent infringement case related to avocado slicers. The patent was originally licensed to Progressive, then terminated. Progressive redesigned its product to avoid the patent, with the assistance of BLG attorneys. The patent owner later sued Progressive while claiming that the redesigned product infringed the patent. BLG […]

BLG wins Federal Circuit appeal in defense of patent infringement

January 8, 2009 | Intellectual Property News

BLG attorneys prevailed in the defense of a patent infringement action asserted against BLG client Arctic Cat. In this action, BLG obtained a dismissal of the action on procedural grounds related to failure to participate in pretrial events such as a pretrial conference, and for failure of a corporate party to be represented by counsel. […]