Upcoming Intellectual Property Week: August 9, 2021



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(Reuters) – Here are some upcoming events of interest to the intellectual property law community. Unless otherwise specified, all times are local and court appearances are virtual due to the COVID-19 pandemic.

Tuesday August 10

9 a.m. – A new trial will open in Marshall, Texas to determine the appropriate amount of damages Apple owes Optis Wireless Technology LLC, after an east Texas jury awards Optis plus $ 500 million last year for Apple’s violation of its core wireless standard. patents. Although U.S. District Judge Rodney Gilstrap has claimed Apple was responsible for the infringement, he said he was entitled to a new jury trial over the damages because the sentence may not have been in line with Optis’ responsibility to authorize SEPs in a fair, reasonable and non-discriminatory manner (FRAND), noting that the jury “has never heard the acronym FRAND nor heard testimony on the impact of this concept on the award of equitable damages “.

The case is Optis Wireless Technology LLC v. Apple Inc, US District Court for the Eastern District of Texas, No. 2: 19-cv-00066. For Apple: Mark Selwyn of Wilmer Cutler Pickering Hale & Dorr, Melissa Smith of Gillam Smith. For Optis: Jason Sheasby & Annita Zhong of Irell & Manella, Sam Baxter of McKool Smith, Jill Bindler of Gray Reed & McGraw.

9:00 a.m. – The 11th United States Circuit Court of Appeals will hear oral arguments in a copyright dispute between Yellow Pages Photos Inc and YP LLC, which operates as “The Real Yellow Pages”. YPPI – which owns the copyright to a database of stock images used for phone book ads – sued YP in Florida federal court in 2017 for allegedly using his photos in thousands of cases. yellow pages ads without permission. United States District Judge Charlene Edwards Honeywell issued summary judgment against YP, ruling that it had licenses to use the photos of the yellow page publishers to whom YPPI had licensed the images. YPPI argues on appeal that questions of fact regarding the terms of the licenses should have prevented Honeywell from ruling for YP.

The case is Yellow Pages Photos Inc. v. YP LLC, 11th United States Court of Appeals, No. 20-13627. For YPPI: Richard Fee of Fee & Jeffries. For YP: Eric Leon from Latham & Watkins, Ronald Hanes from Trombley & Hanes.

Wednesday August 11

9:30 a.m. – U.S. District Judge Alan Albright to hold a hearing on Intel’s sealed motion for a retrial in a case where he lost a $ 2.18 billion jury verdict on infringement claims patent of the non-practicing entity VLSI Technology. A jury at Albright’s court in Waco, Texas – a hotspot for patent cases – found in March that Intel had infringed two of VLSI’s chip manufacturing patents. Intel escaped liability for alleged infringement of additional VLSI patents in the same court in April, and a third lawsuit between Intel and VLSI is currently scheduled for December.

The case is VLSI Technology LLC v Intel Corp, US District Court for the Western District of Texas, No. 6: 21-cv-00057. For VLSI: Morgan Chu d’Irell & Manella. For Intel: Bill Lee of Wilmer Cutler Pickering Hale & Dorr.

Friday August 13

10:40 a.m. – U.S. District Judge Lorna Schofield in Manhattan to hear arguments regarding the Rise Brewing canned cold brew coffee maker preliminary injunction motion against PepsiCo, which Rise accused of infringing its brands with its energy drink morning “Mtn Dew Rise”. Rise Brewing said in its June complaint that Pepsi’s drink is likely to confuse consumers by flooding the market with its drink of the same name, intended to replace ready-to-drink coffee drinks like Rise. Pepsi’s response to the preliminary injunction motion is expected Tuesday.

The case is Rise Brewing v. PepsiCo Inc., United States District Court for the Southern District of New York, No.1: 21-cv-06324. For Rise Brewing: Jason Rosenberg and Paul Tanck from Alston & Bird. For Pepsi: Timothy Durst of Baker Botts, Sondra Hemeryck of Riley Safer Holmes & Cancila.

Do you know of an event that could be included in a coming week on intellectual property? Contact Blake Brittain at blake.brittain@thomsonreuters.com

Blake brittain

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Contact him at blake.brittain@thomsonreuters.com


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