Keval Amin

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Keval Amin is a member of the Intellectual Property Practice Group, focusing on various litigation matters involving patents, trademarks, copyright and trade secrets. Read Keval Amin's full bio.

The $X Factor: Demystifying Damages Calculations


By on Jun 13, 2024
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license agreements were economically comparable to a hypothetically negotiated agreement between the parties. EcoFactor, Inc. v. Google LLC, Case No....

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Standing Ovation…Denied!


By on May 9, 2024
Posted In Patents

The US Court of Appeals for the Federal Circuit reversed a district court’s decision in a patent dispute for a lack of subject matter jurisdiction because the plaintiff lacked constitutional and statutory standing. Intellectual Tech LLC v. Zebra Technologies Corporation, Case No. 22-2207 (Fed. Cir. May 1, 2024) (Prost, Taranto, Hughes, JJ.) In 2011, OnAsset...

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Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive


By on Apr 25, 2024
Posted In Trademarks

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. Katherine Vidal, Director of the United States Patent and...

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Faulty Jury Instruction Tampered With Tamper-Proof Trial


By on Apr 4, 2024
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court decision after concluding that a jury instruction on the objective indicia of nonobviousness that failed to specify all indicia on which evidence had been received constituted prejudicial legal error. Inline Plastics Corp. v. Lacerta Group,...

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Be Cool: Don’t Construe the Construction


By on Mar 21, 2024
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision after concluding that the patent owner’s proposed construction would require the parties to construe the construction. CoolIT Systems, Inc. v. Katherine Vidal, Director of the United States Patent & Trademark Office, Case No. 22-1221 (Fed. Cir....

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Copyrightability? Think Outside the Checkbox


By on Feb 22, 2024
Posted In Copyrights

The US Court of Appeals for the Eighth Circuit affirmed a district court’s judgment that a customer intake form was not copyrightable because it lacked requisite originality. Ronald Ragan, Jr. v. Berkshire Hathaway Automotive, Inc., Case No. 22-3355 (8th Cir. Feb. 2, 2024) (Grasz, Smith, Gruender, JJ.) Ronald Ragan claimed that he owned the Guest...

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Sliced and Diced: Operating Manuals Are Printed Publications


By on Feb 15, 2024
Posted In Patents

The US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s non-obviousness determination, finding that the Board erred in determining that an operating manual did not qualify as printed publication prior art. Weber, Inc. v. Provisur Technologies, Inc., Case Nos. 22-1751; -1813 (Fed. Cir. Feb. 8, 2024) (Reyna, Hughes, Stark,...

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Bling It On: Laches Prevents Profit Disgorgement in Diamond-Studded Trademark Battle


By on Feb 8, 2024
Posted In Trademarks

In a dispute involving allegedly counterfeit luxury watches, the US Court of Appeals for the Fifth Circuit affirmed a district court’s finding of trademark infringement and its finding that a laches defense prevented disgorgement of profits. Rolex Watch USA, Incorporated v. BeckerTime, L.L.C., Case No. 22-10866 (5th Cir. Jan. 26, 2024) (Douglas, King, Willett, JJ.)...

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Don’t Cut, Paste, Copyright: Bonding over Borrowed Words


By on Jan 25, 2024
Posted In Copyrights

The US Court of Appeals for the Seventh Circuit affirmed a district court’s award of attorneys’ fees and its determination that trivial additions to existing documents were not copyrightable. UIRC-GSA Holdings, LLC v. William Blair & Company, L.L.C., and Michael Kalt, Case Nos. 23-1527; -2566 (7th Cir. Jan. 12, 2024) (Brennan, Flaum, Kirsch. JJ.) UIRC,...

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