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judge lee
Rosetta Stone Challenges Use of Trademark Language Online
Late last month, the United States Court of Appeals for the Fourth Circuit heard arguments in a case accusing search giant, Google, of violations of federal and state trademark laws when it sold keyword advertising based on Rosetta Stone's marks to competitors, some of which market counterfeit...
Withdrawal of Damages Claim Precludes Jury Trial
While jury trials are more common in patent infringement suits, under some circumstances a patentee may prefer a bench trial. A recent Order from Judge Lee reaffirms that a plaintiff may switch course and opt for a bench trial by waiving its damages claim, even if the waiver is made on the eve...
Judge Lee applies Therasense and Global-Tech in Summary Judgment Ruling
Among his eleven summary judgment rulings in MeadWestvaco’s (“MWV”) patent infringement suit against Rexam and Valois, Judge Lee dismissed claims of inequitable conduct under Therasense but allowed claims of inducement of infringement to survive under the Supreme...
EDVA Judge Denies Production of Non-Testifying Experts' Test Results in Patent Case
On July 18, EDVA Judge Gerald Bruce Lee rejected MeadWestvaco’s effort to obtain the results of expert testing done by Rexam PLC shortly after it received MeadWestvaco's cease and desist letter regarding its patent for a "Fragrance Product, Dispenser and...
Why Google Won
At the end of April, we posted about Google’s victory over Rosetta Stone in the Eastern District of Virginia suit (case no. 1:09-cv-00736) over the use of the prominent language software company’s marks in Google’s AdWords advertising program. Judge Gerald Bruce Lee has now handed...
