Hala Mourad
Subscribe to Hala Mourad's PostsEight-Month Delay on Transfer Motion Ruling Is “Egregious,” Warrants Stay
By Hala Mourad on Feb 11, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit issued a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, stating that the district court’s eight-month delay in ruling on the motion while allowing substantive issues to proceed “amounted to egregious delay and...
Continue Reading
2020 IP Law Year in Review: Patents
By Amol Parikh, Cecilia Choy, Amy Mahan, PhD, Hala Mourad, Colin J. Stalter and Elizabeth Teter on Jan 28, 2021
Posted In Patents
Executive Summary In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business strategy. This Special Report discusses some of the most important decisions. The Federal Circuit issued several panel...
Continue Reading
No Appellate Jurisdiction to Review Post-Verdict Appeal of Previously Denied SJ Motion
By Hala Mourad on Jan 21, 2021
Posted In Trademarks
In a closely watched trademark/counterfeiting case, the US Court of Appeals for the Second Circuit affirmed a judgment for contributory infringement, award of permanent injunction and monetary damage award against a commercial landlord found to have been willfully blind to trademark infringement and counterfeiting occurring on its leased property. Omega SA v. 375 Canal, LLC,...
Continue Reading
Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims
By Hala Mourad on Nov 4, 2020
Posted In Trademarks
The US Court of Appeals for the 11th Circuit reversed a district court’s grant of summary judgment for the defendant on trade dress infringement and trade dress dilution claims, finding that evidence relating to the likelihood of confusion was not viewed in the light most favorable to the plaintiff. However, the Court affirmed the grant...
Continue Reading
Significant Third-Party Discovery Too Complex for ITC Early Disposition Program
By Hala Mourad and Jay Reiziss on Oct 22, 2020
Posted In Patents, Technology
The US International Trade Commission (ITC) denied a proposed respondent’s request to use the early disposition program to determine whether a complainant met the domestic industry requirement in a Section 337 investigation. The ITC concluded that the issues proposed for resolution were too complex to be decided within 100 days of institution because significant third-party...
Continue Reading
Non-Respondent’s Product Cannot Be Adjudicated for Infringement in Context of General Exclusion Order
By Hala Mourad and Jay Reiziss on Oct 15, 2020
Posted In Patents
The US International Trade Commission issued a general exclusion order (GEO) excluding from entry into the United States products infringing patents directed to luxury vinyl tile, but vacated findings in the Initial Determination (ID) adjudicating infringement for products belonging to entities not named as respondents in the investigation. The Commission explained that a finding should...
Continue Reading
By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection
By Hala Mourad on Oct 8, 2020
Posted In Copyrights
The US Court of Appeals for the Sixth Circuit affirmed a jury verdict in favor of a copyright owner in a lawsuit alleging infringement of the copyright in a home-services training manual, finding that the jury was correctly instructed that a work’s incorporation of some copyrighted content does not invalidate the copyright in the work’s...
Continue Reading
Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order
By Hala Mourad on Jul 30, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision denying a petition for rescission of a general exclusion order (GEO) prohibiting importation of products accused of patent infringement, because a post-investigation invalidity attack is not a changed condition warranting rescission. Mayborn Grp., Ltd. v. Int’l Trade Comm’n,...
Continue Reading
Reliance on Common Sense Permitted in Obviousness Analysis
By Hala Mourad on Jul 9, 2020
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit affirmed a final written decision from the Patent Trial and Appeal Board (PTAB) finding patent claims directed to aircraft lavatories obvious based on prior art because a skilled artisan would have used common sense to incorporate a missing limitation into the prior art. B/E Aerospace, Inc....
Continue Reading
Advertising Falls within Commercial Activity Exception to Sovereign Immunity
By Hala Mourad on Jun 18, 2020
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed a district court’s denial of a motion to dismiss a copyright infringement suit on the ground of sovereign immunity, holding that advertising activity in the United States on behalf of a sovereign government falls within the commercial activity exception to sovereign immunity. Pablo Star Ltd. v....
Continue Reading
