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Noteworthy In re Dembiczak SunHill Industries turned to Gordon & Jacobson after many years of representation by a large New York IP firm which had been unsuccessful in obtaining a patent for SunHill's famous Halloween Pumpkin Leaf Bag invention. The result was a successful appeal to the Court of Appeals entitled In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999). Prior to the Supreme Court’s holding in KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007), In re Dembiczak was among the most oft-cited cases by patent practitioners when making arguments of non-obviousness. SoundTube Entertainment, Inc. v. Brown Innovations, Inc. Although Gordon & Jacobson tries to keep its clients out of litigation wherever possible, in this case, we needed to bring suit so that SoundTube could continue making sales of its product without interference from Brown who was threatening to sue for infringement. In order to keep the costs of the case to a minimum, we managed the case by hiring local counsel in Massachusetts to bring a Declaratory Judgment of non-infringement. Prior to expensive discovery, we prepared a successful summary judgment motion and brief which caused the Court to decide the case in SoundTube's favor. Soundtube Entertainment, Inc. v. Brown Innovations, Inc., 233 F. Supp. 2nd 188 (D. Mass. 2002). Nicholas J. Webb's Fortune Formula - Your Guide to Converting Ideas to Wealth This audio-video program featured a series of lectures by David Gordon on Intellectual Property protection. » To view PDF, please download Acrobat Reader. » back to top |
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