Upcoming Intellectual Property Week: September 7, 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 in person.

Tuesday September 7

9:30 a.m. – A jury trial will begin in Delaware federal court over BASF’s antitrust counterclaims in a patent litigation with Ingevity Corp, based in North Charleston, South Carolina. In response to Ingevity’s infringement claims, BASF said Ingevity wrongly linked the license of its patent for “carbon adsorbents”, which are used to capture harmful emissions from automobiles, to the purchase of its products. Ingevity denies the allegations. U.S. District Judge Richard Andrews ruled in November that Ingevity’s patent was invalid.

The case is Ingevity Corp v. BASF Corp, U.S. District Court for the District of Delaware, No.1: 18-cv-01391.

For Ingevity: Jeffrey Thomas of Gibson Dunn & Crutcher, Karen Keller of Shaw Keller, Rustin Mangum of Mangum Ririe.

For BASF: Thomas Friel of King & Spalding, Rodger Smith of Morris Nichols Arsht & Tunnell.

Thursday September 9

9 a.m. – U.S. District Judge Jed Rakoff in Manhattan will preside over a remote trial over Easy Spirit’s claims that Skechers Commute Time shoes infringe its Traveltime brand. Easy mind called Skechers shoes are a “glaring copy” of their Traveltime slip-ons. The late District Judge William Pauley rejected Easy Spirit’s trade dress infringement claims based on the shoe’s design in January, but allowed its claims that Skechers infringed the trademark under its “Traveltime” name to continue to stand trial.

The case is Easy Spirit LLC v. Skechers USA Inc., United States District Court for the Southern District of New York, No.1: 19-cv-03299.

For Easy Spirit: Darren Saunders by Peroff Saunders, Catherine Deist by Mukasey Frenchman.

For Skechers: Robert Lee and Andrew Ligotti from Alston & Bird, Daniel Petrocelli and Jeffrey Barker from O’Melveny & Myers.

11:45 am – U.S. District Judge Lorna Schofield in Manhattan will hear arguments by phone on the Rise Brewing canned cold brew coffee maker preliminary injunction motion against PepsiCo, which Rise has accused of breaking its marks with its morning ” Mtn Dew Rise “energy drink. Rise Brewing stated in its June complaint that Pepsi 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. This hearing has been postponed to August 13.

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.

Friday September 10

10:00 am – U.S. District Judge Susan Illston in San Francisco to Hold a Hearing on General Motors and its Self-Driving Car subsidiary Cruise LLC to temporarily block Ford’s use of the name “BlueCruise” for its driving technology hands free. GM and Cruise accused Ford in July of infringing Cruise’s trademark in its name as well as GM’s “Super Cruise” trademark for its Cadillac automated driving technology. Ford responded last month that the GM and Cruise trademarks were inapplicable as generic or descriptive. Ford first announced its use of the BlueCruise name in April.

The case is Cruise LLC v Ford Motor Co, U.S. District Court for the Northern District of California, No. 3: 21-cv-05685.

For the cruise: Margaret Caruso and Diane Doolittle of Quinn Emanuel Urquhart & Sullivan.

For the Managing Director: Dale Cendali and Diana Torres of Kirkland & Ellis.

For Ford: William Brewster and Gregory Gilchrist of Kilpatrick Townsend & Stockton.

Do you know of an event that could be included in a coming week on intellectual property? Contact Blake Brittain at [email protected]

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