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10 Mar 2020, 1:44 pm by Rebecca Tushnet
Of course, the reason the statements in Lexmark might still not have been commercial advertising or promotion was that they were made to Lexmark’s competitors, which is still a problem under prong (3)—it’s not super plausible that they were designed to directly generate sales of Lexmark’s products, though they could have decreased the supply of competing products indirectly. [read post]
23 Apr 2010, 8:21 am
(See Law.com article ) The Court recounted, "In 2005, we affirmed a grant of partial summary judgment for Lexmark International ("Lexmark") in a suit brought by Lexmarks one-time partners, BDT Products [read post]
30 May 2017, 8:53 am by Jason Rantanen
  The theory relied upon by the Federal Circuit in decisions such as Malkinkrodt, and reaffirmed by the en banc court in Lexmark v. [read post]
4 Dec 2013, 6:10 pm by Joe Mullin
The dispute got very heated, with Lexmark ultimately going to SCC's customers to say that the company was infringing on Lexmark's intellectual property. [read post]
11 Aug 2016, 5:45 pm by Jake Linford
This project uses the Federal Circuit's dispute in Lexmark (on remand) over the breadth of the holding in Quanta. [read post]
27 Aug 2014, 8:43 pm by Richard M. Re
But, in doing so, Lexmark silently demolished one of the foundations underlying Steel Co. [read post]
6 Apr 2017, 8:27 am by Rebecca Tushnet
” Crocs argued that Dawgs failed to allege standing under the Lanham Act or a cognizable injury that was proximately caused by the alleged Lanham Act violation, but Lexmark didn’t foreclose Dawgs’ claim at the pleading stage. [read post]
12 Aug 2021, 11:52 am by Rebecca Tushnet
” Do Lexmark’s zone of interests and proximate cause requirement apply to false endorsement? [read post]
29 Aug 2015, 8:00 am by Ars Staff
Smith has devoted his life to the office supply company founded by his father—a company that’s now under legal attack by printing behemoth Lexmark International, Inc. [read post]
3 Feb 2018, 8:58 pm by Patent Docs
Early Reports and New Ideas after Lexmark" on February 8, 2018 from 2:00 to 3:00 pm (ET). [read post]
2 Apr 2015, 12:25 pm by Rebecca Tushnet
(I think the court misreads Lexmark’s language—the fact that it’s not advertising doesn’t mean that it didn’t proximately cause Mitchell’s harm; defamation generally does proximately cause reputational harm when it’s actionable. [read post]
7 Oct 2015, 9:11 pm by Lisa Larrimore Ouellette
Last Friday, the Federal Circuit heard en banc argument on whether it should adopt a U.S. rule of international patent exhaustion in Lexmark v. [read post]