“Imaginary slice” does not provide a valid basis for infringement

Neville v Foundation Constructors Background Steve Neville et al. (“Neville”) are the assignees of US Patent Nos 7914236 and 9284708 directed to foundation piles.  The claimed foundation piles include an “end plate having a substantially flat surface disposed perpendicular to the centerline of the tubular pile,” or, “an end plate closing the second end of […]

Flip-flopping inventorship does not invalidate Egenera’s patent

Egenera v Cisco Background Egenera sued Cisco in the US District Court of Massachusetts alleging that Cisco’s servers infringe US patent number 7,231,430 (“the ‘430 patent”).  Prior to claim construction and alongside an IPR proceeding, Egenera petitioned the USPTO to remove an inventor from the ‘430 patent.  According to Egenera, this change was necessitated by […]

Directional claim limitations deprive Topps of sweet sweet victory

Topps-Co.-v.-Koko_s-Confectionery-Nov…d-10990-S.D.N.Y, August 27, 2020 Background The Topps Company (“Topps”) is the owner of US Patent No. US6660316, directed to a candy product having the commercialized embodiment “Juicy Drop Pop” (“JDP”): Claim 1 of the ‘316 patent recites, in pertinent part:  A packaged candy product, comprising: a housing including a front face and a back face, […]

Apple opposes “Prepear” trademark application for meal prep app

Apple v Prepear Notice of Opposition Apple has filed an opposition to the registration of a trademark application for an image of a pear, as used in connection with a meal preparation app.  Apple claims that the mark, shown side by side below with Apple’s mark, is likely to cause confusion and/or dilute Apple’s famous […]