Imagine That IP Law Blog

Beauty is in the eye of the beholder is a catch phrase well known and of ancient origin. Benjamin Franklin even had a wry turn at it in Poor Richard's Almanack, 1741: “Beauty, like supreme dominion is but supported by opinion.”  As it turns out, however, in the opinion of the District Court of Delaware, “beauty,” or in this case, enhancement of the skin is not a term one ought to have in their patent claims, because that which relies on opinion is indefinite in the eyes of the court. Univ. of Mass. and Carmel Labs., LLC v. L’Oréal Inc., D.Del. (April 21, 2021).

University of ... Read More ›

A recent opinion issued by a federal court in the District of New Jersey provides a cautionary tale regarding patent infringement cases. In EagleView Techs., Inc. v. Xactware Solutions, Inc., plaintiff, EagleView filed a motion for enhanced damages and attorneys’ fees. The Court granted enhanced damages and attorneys’ fees, excluding those associated with the pretrial phase. The basis for this judgement follows.

Enhanced Damages

Pursuant to 35 U.S.C. 284, the court may increase damages up to three times the amount found. Enhanced damages serve as a punitive sanction for ... Read More ›