Dexter Hamilton
Subscribe to Dexter Hamilton's PostsDexter Hamilton focuses his practice on intellectual property litigation matters.
Change Between Provisional and Nonprovisional Application Is Lexicography
By Dexter Hamilton on Dec 19, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court judgment of noninfringement, finding that deleting a portion of a definition between a provisional application and a nonprovisional application was evidence that the patentee intended to exclude the deleted language from the claim scope. DDR Holdings, LLC v. Priceline.com LLC and Booking.com...
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Chill Out: Request for Profit Disgorgement Isn’t Entitled to Jury Trial
By Dexter Hamilton on Dec 5, 2024
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its trade dress had acquired the required secondary meaning. National Presto Industries Inc. v. U.S. Merchants Financial...
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