Hala Mourad
Subscribe to Hala Mourad's PostsHala Mourad focuses her practice on intellectual property litigation matters in federal district court and the US International Trade Commission. She works with clients to litigate patent cases spanning various technologies including consumer electronics, telecommunications, medical and surgical devices, materials engineering, and biotechnology. She has experience in all phases of litigation from pre-litigation investigations through trial and appeal.
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Employment Agreement Assignment Provisions Don’t Reach Post-Employment Inventions
By Hala Mourad on May 6, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit rejected a biotechnology company’s argument that assignment provisions in its employment agreements granted ownership rights in post-employment inventions. Bio-Rad Laboratories, Inc. v. Int’l Trade Comm’n, Case No. 20-1785 (Fed. Cir. Apr. 29, 2021) (Taranto, J.) 10X filed an International Trade Commission (ITC) complaint against Bio-Rad, alleging...
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Zero Hero: Disclaiming Disputed Term Renders Dispute Moot
By Hala Mourad on Apr 15, 2021
Posted In Trademarks
The Trademark Trial & Appeal Board redesignated as precedential a decision dismissing a beverage company’s opposition to trademarks using the term “ZERO” for zero-calorie drinks after the trademark applicant disclaimed the term ZERO in its pending applications, the sole remedy requested in the opposition. Royal Crown Co., Inc. v. The Coca-Cola Co., Opposition Nos. 91178927...
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First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum
By Hala Mourad on Mar 11, 2021
Posted In Patents
After issuing a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, the US Court of Appeals for the Federal Circuit denied a subsequent mandamus petition to compel transfer after that district court denied the transfer. In re SK hynix Inc., Case No....
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Eight-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...
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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...
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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,...
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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...
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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...
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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...
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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...
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