Kathleen Lynch
Subscribe to Kathleen Lynch's PostsKathleen (Kat) Lynch focuses her practice on intellectual property litigation and trademark enforcement matters. Read Kat Lynch's full bio.
Strong Signal: Personal Jurisdiction Over Foreign Defendant Based on Confluence of Factors
By Kathleen Lynch on Mar 21, 2024
Posted In Copyrights
The US Court of Appeals for the Fifth Circuit concluded that a district court had personal jurisdiction over a foreign defendant’s website that purposefully targeted a US-based audience. DISH Network, LLC v. Bassam Elahmad, Case No. 23-20180 (5th Cir. Mar. 8, 2024) (Willett, Wilson, Ramirez, JJ.) (per curiam). DISH Network sued Bassam Elahmad, a German...
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Gentlemen, Start Your Engines: Even Bland Works Support Copyright
By Kathleen Lynch on Mar 7, 2024
Posted In Copyrights
The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid copyright. Premier Dealer Servs. Inc. v. Allegiance Adm’rs LLC, Case No. 23-3394 (6th Cir. Feb. 26, 2024) (Sutton, C.J.; Clay,...
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Struggling to Master the Alice Two-Step: Search Result Display Ineligible for Patent Protection
By Kathleen Lynch on Jan 18, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed subject matter that is ineligible under 35 U.S.C. § 101. IBM v. Zillow Group, Inc., Case No. 22-1861 (Fed. Cir. Jan. 9, 2024)...
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TikTok: Federal Circuit Follows Fifth Circuit, Transfers Case for Witness Convenience
By Kathleen Lynch on Dec 21, 2023
Posted In Patents
In the first mandamus decision applying the US Court of Appeals for the Fifth Circuit’s new transfer motion guidelines under 28 U.S.C. 1404(a), the Federal Circuit followed suit and transferred a case for witness convenience. In re Samsung Elecs. Co., Ltd., Case No. 2023-146 (Fed. Cir. Dec. 14, 2023) (nonprecedential) (Prost, Hughes, Stoll, JJ.) (per...
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TikTok Makes It Out of West Texas to Sunny Northern California
By Kathleen Lynch on Nov 16, 2023
Posted In Copyrights
The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure was appropriate. In re TikTok, Inc., Case No. 23-50575 (5th Cir. Oct. 31, 2023) (Smith, Southwick,...
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No Money, Mo’ Problems: Speculative Damages Award Cannot Stand
By Kathleen Lynch on Oct 26, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions but reversed a premature judgment as a matter of law (JMOL) on obviousness and an imprecise damages award. Cyntec Company, Ltd. v. Chilisin Electronics. Corp., Case No. 22-1873 (Fed. Cir. Oct. 16, 2023) (Moore, Stoll, Cunningham, JJ)...
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Rimini, Meeny, Miny, Moe: Ninth Circuit Affirms Most PI Violation Findings, Reverses Others
By Kathleen Lynch on Sep 7, 2023
Posted In Copyrights
Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but reversed on certain issues where the district court overextended the injunction. Oracle USA, Inc. v. Rimini St., Inc., Case...
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Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement
By Kathleen Lynch on Aug 24, 2023
Posted In Trademarks
In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including almost $43 million in profit disgorgement. Dewberry Engineers v. Dewberry Group, Case Nos. 22-1622; -1845 (4th Cir. Aug. 9,...
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Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction
By Kathleen Lynch on Aug 17, 2023
Posted In Antitrust, Patents, Trade Secrets
The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata Corp. v. SAP SE, Case No. 22-1286 (Fed. Cir. Aug. 1, 2023) (nonprecedential) (Lourie, Taranto, Hughes, JJ.) Teradata makes and sells data...
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Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement
By Sarah Bro and Kathleen Lynch on Aug 3, 2023
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc., Case Nos. 21-56150; -56236 (9th Cir. July 24, 2023) (Callahan, Nelson, Thomas, JJ.) Brandy Melville manufactures clothing and home goods...
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