Skilled in the Art: Will Federal Circuit Tee Off on the Claim Construction From Hell? + Ins and Outs of Transfers in WD-Texas + PTO Gets Last Word on Generic Dot-Com Trademarks
It took nearly 12 years and four district court judges to construe a single claim on a patented golf club. Now the Federal Circuit will get involved.
October 30, 2020 at 03:00 PM
14 minute read
Welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham. Here's what's crossing my desk this week:
|- It took 12 years to construe a single limitation on a golf club patent. And now the Federal Circuit's about to get involved.
- Skilled in the Art convenes a mini-roundtable on the law of convenience transfers and their application in the Western District of Texas.
- PTO: Registering a generic dot-com is no longer impossible, but it's still a heavy lift.
As always, you can email me your feedback and follow me on Twitter.
Who's Arguing: The Claim Construction from Hell
It took nearly 12 years and four district court judges to construe a single claim on a patented golf club.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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