Things go from bad to worse for L’Oreal in their multifaceted litigation with Olaplex

In 2018, the Federal Circuit reversed the District Court of Delaware’s refusal to grant Liqwd a preliminary injunction against L’Oreal Liqwd v L’Oreal Preliminary Injunction.  Many reported earlier this summer on L’Oreal’s expensive loss to Olaplex in the District Court of Delaware.  (See, e.g., https://www.bloomberg.com/news/articles/2019-08-12/l-oreal-owes-startup-91-million-for-stealing-its-trade-secrets).  L’Oreal has now been dealt another blow by the Federal […]

UK Court Holds “Consisting Essentially of” Language does not give Rise to “Objectionable Uncertainty”

Anan Kasei v Neo Chemicals Though the claims at issue in this UK infringement action recited properties that could be deemed to be the claimed oxide’s “essential characteristics,” it is interesting to compare this case with HZNP v. Horizon Pharma (see my recent post for further details), recently decided by the Federal Circuit. The UK […]

Nike’s battle against Skechers continues – the gloves (or shoes?) come off

Nike has sued Skechers for infringement of 12 of Nike’s design patents.  The complaint alleges that Skechers business strategy is to knock-off the successful designs of it’s competitors, while in previously battles, Skechers has asserted that it merely “takes inspriation” from competitive products, in a process referred to internally as “Skecherizing”.2019-PATENT-Nike-v-Skechers

Tug Toy Survives §101 Challenge on Motion to Dismiss

FYF-JB, LLC sued Pet Factory for allegedly infringing its tug-toy patent.  Pet Factory responded with a motion to dismiss, arguing that the asserted claims are not patent eligible, and further, noncompliant with 35 USC §112.  FYF-JB v Pet Factory In particular, FYF-JB’s tug-toy patent (US 9,681,643) describes that a need existed in the art for […]

Amazon held strictly liable in products liability case

In Oberdorf v. Amazon https://www2.ca3.uscourts.gov/opinarch/181041p.pdf, plaintiffs sued Amazon after the d-ring on a dog collar bought on Amazon failed, resulting in the retractable leash attached thereto recoiling back and hitting plaintiff in the face, permanently blinding her in one eye.  The 3rd circuit court of appeals reversed the district court and held that Amazon can […]