Tag Archives: District of Massachusetts Cases

Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC § 1782 to take discovery related to patent inventorship in connection with an Opposition proceeding pending before the European Patent Office (EPO). The court, in exercising its discretion under the U.S. … Continue Reading

Twombly and Iqbal Survive a Rampage

CMYKThe District of Massachusetts recently grappled with the proper analytical standard when faced with a Fed. R. Civ. P. 12(b)(6) motion to dismiss in a patent infringement case. Judge Burroughs held that the familiar Twombly/Iqbal framework applied. In Rampage LLC v. Glob. Graphics SEI, No. 16-cv-10691-ADB, 2017 WL 239328 (D. Mass. Jan. 19, 2017), plaintiff … Continue Reading

UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

Empty stage with band equipmentWe have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing. Tom Scholz and Barry Goudreau were once bandmates in BOSTON, and since Goudreau left the group in 1981, the two have occasionally litigated the … Continue Reading

A Common Cue Creates No Confusion

Car stereoCue, Inc. sells high-end home audio equipment (e.g., table radios and speakers). In 2007, it applied to register the trademark CUE ACOUSTICS, and in late 2009 the USPTO allowed its application. Cue’s CUE ACOUSTICS mark was registered in August 2012, and later that year, its application for a separate mark—CUE—was allowed. Cue filed a Statement … Continue Reading

CardiAQ’s Inventorship Challenge Survives

CardiAQ Valve Techs., Inc. v. Neovasc Inc., No. 14-CV-12405-ADB, 2016 WL 1642573 (D. Mass. Apr. 25, 2016) Neovasc began its business relationship with CardiAQ in June, 2009, by providing services and supplies for the development of CardiAQ’s TMVI heart valve device. Though the relationship lasted only 10 months, the parties exchanged hundreds of technical emails … Continue Reading

Court Silences Sound Spark Studios’ Trademark Claims

In the summer of 2012, Jeremy Southgate applied with the United States Patent and Trademark Office to register a design mark for “Sound Spark Studios.” A little over a year-and-a-half later, Southgate formed Sound Spark Studios, LLC, and he registered it in Delaware. He characterized the entity as a “music and entertainment company.” The Sound … Continue Reading

More than a Feeling, Less than Trademark Infringement

Empty illuminated stageIn Scholz v. Goudreau, No. 13-CV-10951, 2015 WL 5554012 (D. Mass. Sept. 21, 2015) rock legends are before the District of Massachusetts grappling, in part, over a familiar band’s legacy. After guitarist Barry Goudreau left the band BOSTON in 1981, he filed a suit against Thomas Scholz—one of the band’s founders—as well as BOSTON’s other … Continue Reading

Method Claims of a Medical Device-Based Patent Found Invalid under Section 101 in Further Erosion of Patent Rights

On August 28 and September 15, 2015, certain asserted claims of Exergen’s United States Patent No. 7,787,938 (the “‘938 patent”) were found invalid under 35 U.S.C. § 101 on two separate summary judgment motions. See Exergen Corp. v. Brooklands Inc. (“Brooklands”), No. 12-cv-12243-DPW (August 28, 2015) and Exergen Corp. v. Thermomedics, Inc. (“Thermomedics”), No. 13-cv-11243-DJC (September … Continue Reading
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