Intellectual Property Cases
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Intellectual Property

U.S. District Court — Southern District of California
Uncategorized

Strike 3 Holdings v. John Doe — S.D. Cal. Allows ISP Subpoena for Adult-Content Copyright Defendant’s Identity, Imposes Confidentiality Protection

The court allowed a serial adult-content copyright plaintiff to issue an early subpoena to an internet service provider for the name and address of a John Doe defendant identified only by IP address, but ordered confidential treatment of any identifying information produced and gave the Doe defendan

U.S. District Court — Central District of California
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Pardis Music v. Caltex Trading — C.D. Cal. Grants Remand After Plaintiff Drops Federal Copyright Claims

Judge Hernán D. Vera remanded a music-rights case to Los Angeles Superior Court after Pardis Music dropped its federal copyright infringement claims (which it could not pursue federally because it lacked a registered copyright under 17 U.S.C. § 411(a)), eliminating federal-question jurisdiction.

U.S. District Court — Northern District of California
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Calise v. Meta Platforms — N.D. Cal. certifies interlocutory appeal on Facebook’s Terms of Service obligations and Limitation of Liability

Judge White certifies for Ninth Circuit interlocutory appeal two questions arising from his earlier denial of Meta’s motion to dismiss in a putative class action alleging Facebook failed to combat scam advertisements: whether Meta’s Terms of Service and Community Standards impose an affirmative anti

U.S. District Court — Northern District of California
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Clear View West v. Steinberg, Hall & Associates — N.D. Cal. denies judgment on pleadings in retractable-screens trademark and trade-secret suit

Judge Illston denies the Steinberg defendants’ motion for judgment on the pleadings in Clear View West’s eleven-count action over their alleged scheme — while serving as CVW’s Director of Sales — to launch a competing APOLLO retractable-screen brand using CVW’s trade secrets and to redirect CVW dist

U.S. District Court — Northern District of California
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Oracle v. Procore — N.D. Cal. magistrate refines trade-secret disclosure and discovery scope

Magistrate Judge Beeler resolves four discovery disputes in Oracle’s trade-secret suit against Procore over construction-payment software, holding that Oracle’s 174-file disclosure is sufficiently particular, financial discovery extends beyond Procore Pay, and Procore must search text messages on em

U.S. District Court — Northern District of California
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Trinidad v. OpenAI — N.D. Cal. dismisses pro se claims that ChatGPT user’s prompts were stolen IP

Judge Tigar dismisses with prejudice a pro se plaintiff’s sweeping claims that her prompts to ChatGPT created trade secrets and copyrights that OpenAI then commercialized in its Study Together, Deep Research Agent, and ChatGPT Agent features, holding that none of the claims plausibly states a basis

U.S. District Court — Southern District of California
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Smith Interface Technologies v. Apple — S.D. Cal. Strikes Plaintiff’s Indirect Patent Infringement Contentions Without Leave to Amend

Adopting the magistrate judge’s report and recommendation, the court struck Smith Interface Technologies’ indirect infringement contentions against Apple without leave to amend, finding the contentions failed to provide the specific factual identification required by the Southern Distric

U.S. District Court — Central District of California
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Hoffman v. Goli Nutrition — C.D. Cal. Grants Summary Judgment to VMG Investors on Trade Secret Claim Where Vitamin Friends Lacked Ownership

Judge Christina Snyder granted summary judgment for VMG Partners and other investors on a Defend Trade Secrets Act claim because plaintiff Vitamin Friends LLC could not show it owned the supplier trade secrets — its affiliate Better Nutritionals did. Repeat fraud, RICO, and breach-of-fiduciary-duty

Bundesgerichtshof, I. Zivilsenat (German Federal Court of Justice, First Civil Senate, responsible for trademark and unfair competition law)
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BGH “Moneypenny” — Bundesgerichtshof Holds That James Bond’s Moneypenny Has No Independent Work-Title Protection Under German Trademark Law

Germany’s Federal Court of Justice held that the name of the James Bond character “Miss Moneypenny” does not enjoy independent work-title protection under § 5(1) and (3) German Trademark Act, because the fictional figure lacks the visual individuality and standalone fame required t

Unified Patent Court, Court of Appeal
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UPC Court of Appeal — Amgen v. Sanofi & Regeneron (UPC_CoA_528/2024) — Sets Out the UPC’s Inventive-Step Framework: Realistic Starting Point, Objective Problem, “Would Not Could”

In a same-day companion ruling to Meril v. Edwards, the UPC Court of Appeal articulated a comprehensive inventive-step framework: identify the objective problem from the perspective of the skilled person, choose a realistic starting point in the prior art, and assess whether the skilled person &#821

Unified Patent Court, Court of Appeal
Uncategorized

Meril v. Edwards Lifesciences (UPC_CoA_464/2024 et al., EP 3 646 825) — UPC Court of Appeal Same-Day Companion to Amgen v. Sanofi: “Same Parties” Test, Embodiment Coverage, and Non-Obvious-Alternative Inventive Step

Same-day companion to Amgen v. Sanofi/Regeneron, the UPC Court of Appeal in Meril v. Edwards held that the ‘same parties’ test under Art. 33(4) UPCA looks to identity of interests; that disclosed embodiments are generally covered by the patent claims unless the specification clearly teac

Bundesgerichtshof, I. Zivilsenat (BGH affirmance) — affirming Bundespatentgericht (BPatG), 29. Senat
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BGH “Testarossa” — Federal Court of Justice Affirms BPatG Ruling That Ferrari’s Bad-Faith Challenge to “Testa Rossa” Trademark Fails Without Proof of Damaging or Obstructing Intent

Germany’s Federal Court of Justice dismissed Ferrari’s appeal challenging the “Testa Rossa” trademark, leaving in place the BPatG’s January 2025 ruling that bad-faith trademark applications under § 8(2) No. 10 MarkenG require objective evidence of damaging or obstructin

Unified Patent Court, Court of Appeal — Panel 2
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UPC Court of Appeal — Boehringer Ingelheim v. Zentiva (UPC_CoA_446/2025) — Marketing Authorisation Alone Does Not Imminent-Infringe, But Completion of National Pricing & Reimbursement Procedures Can

The UPC Court of Appeal set out a workable test for when a generic pharmaceutical’s pre-launch activity creates an imminent threat of infringement supporting provisional measures: a bare marketing authorisation does not, but completion of national health-technology-assessment, pricing, and rei

대한민국 대법원 제1부 (Supreme Court of Korea, First Division)
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Korea Supreme Court 2025다202970 — Territoriality Defeats Indirect-Infringement Claim Against Korean Manufacturer of 13-Valent Pneumococcal Vaccine Components Exported for Foreign Assembly

Korea’s Supreme Court affirmed dismissal of indirect patent-infringement claims against a domestic manufacturer that produced 13 individual conjugate substrates in Korea but exported them for final mixing into a 13-valent pneumococcal vaccine abroad, holding that under the territoriality princ

Cour de cassation (French Supreme Court for Civil and Commercial Matters), Commercial Chamber
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Cour de cassation, Chambre commerciale, 14 mai 2025 (n° 23-21.296) — Trademark Forfeiture for Non-Use Requires Court to Identify Autonomous Sub-Categories Within Registered Goods/Services

France’s Cour de cassation held that when assessing trademark forfeiture for non-use under Article L.714-5 CPI, courts must analyze whether the proven use covers an autonomous sub-category of goods or services narrower than the registered category — looking to the purpose or destination of the

Unified Patent Court, Court of First Instance — Local Division Düsseldorf
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UPC Local Division Düsseldorf — Sanofi & Regeneron v. Amgen (UPC_CFI_505/2024) — Framework for Infringement of Second Medical-Use Claims and Rejection of “Pleading Ignorance”

The UPC Düsseldorf Local Division articulated the substantive framework for second medical-use claim infringement: the alleged infringer must offer or place the medicinal product on the market in a way that leads or may lead to the claimed therapeutic use, with knowledge or constructive knowledge th

Tribunal judiciaire de Paris, 3ème chambre, 1ère section
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Tribunal judiciaire de Paris, 10 avril 2025 (n° 22/10720) — Hermès v. Maison R&C — First French “Upcycling” Decision Holds Recombining Authentic Hermès Scarves Into Denim Jackets Constitutes Copyright and Trademark Infringement

The Paris Judicial Court issued France’s first major upcycling decision, holding that incorporating cut pieces of authentic Hermès silk scarves into Levi’s denim jackets — even when sold as commercial ‘upcycling’ — constitutes copyright infringement, trademark infringement, a

Court of Justice of the European Union, Grand Chamber
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BSH Hausgeräte v. Electrolux (C-339/22) — CJEU Grand Chamber Holds EU Member-State Courts Have Cross-Border Jurisdiction Over European Patent Infringement Outside Their Forum, Even When Validity Defenses Are Raised

The CJEU Grand Chamber held that Article 4(1) of Regulation 1215/2012 entitles a court of a defendant’s domicile member state to hear infringement claims regarding a European patent’s national parts validated in other member states (and even in non-EU states), notwithstanding invalidity

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