Tessa Kroll
Subscribe to Tessa Kroll's PostsTessa Kroll focuses her practice on intellectual property litigation matters. She is a registered patent agent. Read Tessa Kroll's full bio.
Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding
By Tessa Kroll 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 Tessa Kroll 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 Tessa Kroll 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the doctrine of claim differentiation after incorrectly concluding that the examiner had mistakenly rejoined withdrawn claims.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 Tessa Kroll 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 Tessa Kroll 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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