Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit: The Doctrine of Equivalents Is Not a Binary Choice
On March 9, 2021, a Federal Circuit panel of Judges Newman, Moore, and Hughes issued a unanimous opinion, authored by Judge Moore, in Edgewell Personal Care Brands, LLC v. Munchkin, Inc., Case No. 2020-1203. The panel vacated the Central District of California's grant of summary judgment of noninfringement on one patent, reversed the judgment of noninfringement of a second patent, and remanded for further proceedings. Slip Op. at 13.
Edgewell Personal Care Brands, LLC and International Refills Company, Ltd. (Edgewell) sued Munchkin, Inc. (Munchkin) for infringement of U.S. Patent Nos. 8,899,420 (the '420 Patent) and 6,974,029 (the '029 Patent). Both the '420 and '029 patents are directed to improved cassette designs for Edgewell's Diaper Genie product, "which is a diaper pail system that has … (i) a pail for collection of soiled diapers; and (ii) a replaceable cassette that is placed inside the pail and forms a wrapper around the soiled diapers." Id. at 2. The accused products, "Munchkin's Second and Third Generation refill cassettes" were "marketed as being compatible with Edgewell's Diaper Genie" products. Id.
The '420 Patent claims a cassette with a "clearance" that "prevents users from installing [it] upside down." Id. at 3. At summary judgment, the parties' "dispute focused on whether the claims required a clearance space … when the cassette was installed." Id. at 4. The district court concluded that clearance "required space after cassette installation" and "[b]ased on that construction … granted Munchkin summary judgment of noninfringement." Id.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.