Defendant is not prevailing party for fees where plaintiff voluntarily dismissed the case after invalidity at the USPTO

O.F. Mossberg & Sons v. Timney Triggers was decided on April 13, 2020, on appeal from the District of Connecticut. Plaintiff Mossberg brought a suit for patent infringement against defendant Timney. While the case was stayed, the USPTO in an ex parte reexamination “rejected all pending claims over the cited …

Balance of the harms disfavors injunction where movant does not show irreparable harm

LEGO v. ZURU is a nonprecedential case decided on January 15, 2020, on appeal from the District of Connecticut. Plaintiff LEGO filed a complaint against defendant ZURU for copyright, trademark, and patent infringement and obtained a temporary restraining order. After a hearing, the court granted LEGO’s motion for a preliminary …

District court erred in holding that Octane Fitness does not apply to the Lanham Act

Romag Fasteners v. Fossil was decided on August 9, 2017 on appeal from the District of Connecticut. There, after the jury returned a verdict for trademark and patent infringement for plaintiff Romag, the district court granted attorney fees under the Patent Act but not under the Lanham Act, finding that defendant …