Intellectual Property Litigation Category Archives

The Use of Trademarks in Video Games: Does “Realism” Serve as a Defense to Infringement?

The video game industry has grown exponentially over the last two decades and was supercharged by the COVID-19 pandemic.  As developers seek to build more realistic virtual worlds in their products, including both video games and the metaverse, they increasingly include trademarks, trade names and trade dress in these virtual worlds.  One important issue that confronts game developers is ...

The video game industry has grown exponentially over the last two decades and was supercharged by the COVID-19 pandemic.  As developers seek to build more realistic virtual worlds in their ...

When is Infringement Willful: Is Pre-Lawsuit Knowledge of a Patent Required for Enhanced Damages?

Damages for patent infringement have reached new heights in recent years, passing even the one-billion-dollar mark. A jury recently awarded VLSI Technology $2.175 billion in damages against Intel Corporation for infringement of patents related to electronic device processor chips, which the U.S. District Court for the Western District of Texas upheld in denying Intel’s Rule 50(b) Motion for Judgment ...

Damages for patent infringement have reached new heights in recent years, passing even the one-billion-dollar mark. A jury recently awarded VLSI Technology $2.175 billion in damages against Intel Corporation for ...

Venue Lies Where You Lay It: Strict Construction of Forum Selection Clauses in the Ninth Circuit

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal ...

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the ...

What Makes a Non-compete Enforceable in Washington?

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers and vendors, or proprietary business information.  So what happens when employees move on, taking that training and knowledge with them?  Ex-employees sometimes are uniquely positioned to open up a ...

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers ...

Robin Thicke’s “Blurred Lines”: Sometimes the Best Defense is a Good Offense

With both NCAA and NFL football now upon us, I am reminded of the popular adage, “the best defense is a good offense.”  The saying can also apply in law. Take, for example, the case of Robin Thicke, the artist behind the song “Blurred Lines.”  While “Blurred Lines” was definitely the song of the summer, it also allegedly used ...

With both NCAA and NFL football now upon us, I am reminded of the popular adage, “the best defense is a good offense.”  The saying can also apply in law. ...