Tessa Kroll

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Tessa Kroll focuses her practice on intellectual property litigation matters. She is a registered patent agent. Read Tessa Kroll's full bio.

Foreign Video-Hosting Website Can’t Escape Long Arm of the Law


By on Sep 15, 2022
Posted In Copyrights

Focusing on the first prong of the minimum contacts test (whether the foreign defendant purposefully directed its activities at the United States) the US Court of Appeals for the Ninth Circuit reversed a district court holding that it lacked specific personal jurisdiction over the operators of a Japanese-language video-hosting website and remanded the case for...

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Yes, and It Counts! Single Purchase in Forum Establishes Personal Jurisdiction over Infringer


By on Sep 1, 2022
Posted In Trademarks

The US Court of Appeals for the Seventh Circuit affirmed exercise of personal jurisdiction over a foreign online retailer for a trademark infringement claim where the trademark owner purchased the only allegedly infringing article sold in the forum. NBA Properties, Inc. v. HANWJH, Case No. 21-2909 (7th Cir. Aug. 16, 2022) (Ripple, Scudder, JJ.) NBA...

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Too Little Too Late: No Tenable Misappropriation Claim Based on 11-Year-Old Prototype


By on Aug 11, 2022
Posted In Trade Secrets

In a dispute between an employer and a former employee, the US Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment against an employer asserting trade secret misappropriation and breach of implied-in-fact contract claims relating to an 11-year-old prototype developed by a former employee. The Court also affirmed the...

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Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law


By on Jul 28, 2022
Posted In Trade Secrets

The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed to protect people from strategic lawsuits against public participation (SLAPP). Harper v. Crédito Real Bus. Cap., Case No. 21-0212 (Tex....

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No Harm, No Foul: No False Advertisement Where Trade Association Failed to Show Injury


By on Jun 30, 2022
Posted In Trademarks

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a home inspector association on a false advertising claim brought by a competitor, finding no evidence of injury or harm and explaining that harm could not be presumed merely from the fact that the parties...

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Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding


By on Jun 2, 2022
Posted In Copyrights, Trademarks

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive products were legal and could support a valid trademark. AK Futures LLC v. Boyd St. Distro, LLC, Case No. 21-56133 (9th Cir. May 19,...

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Over My Dead Body: Defendant Can’t “Wait Until He Dies” to Pay Arbitration Award


By on May 5, 2022
Posted In Uncategorized

The US Court of Appeals for the Seventh Circuit reversed the district court’s interpretation of an arbitration award, finding that the defendant could not “wait until he dies” to pay a portion of the damages award. Nano Gas Techs., Inc. v. Roe, Case Nos. 21-1809; -1822 (7th Cir. Apr. 25, 2022) (Rovner, St. Eve, Jackson-Akiwumi,...

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Missed Connection: Avoid Claim Construction Rendering Independent Claim Narrower Than Dependent Claim


By on Apr 14, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated a district court’s claim constructions concerning generic independent claims that were amended after a species restriction requirement, because the district court disregarded the doctrine of claim differentiation after incorrectly concluding that the examiner had mistakenly rejoined withdrawn claims. Littelfuse, Inc. v. Mersen USA EP Corp.,...

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Long-Felt Need Not Felt Long Enough to Overcome Obviousness


By on Feb 24, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit upheld a finding that patents covering Narcan, a naloxone-based intranasal opioid overdose treatment, were obvious despite evidence of long-felt need. Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc., Case No. 20-2106 (Fed. Cir. Feb. 10, 2022) (Prost, Stoll, JJ.) (Newman, J., dissenting). In 2012, during...

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Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit


By on Jan 27, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action from the District of New Jersey to the Western District of Texas, finding that the district court did not abuse its discretion in departing from the first-to-file rule. In re Amperex...

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