Tessa Kroll
Subscribe to Tessa Kroll's PostsTessa Kroll focuses her practice on intellectual property litigation matters. She is a registered patent agent. Read Tessa Kroll's full bio.
Too Little Too Late: No Tenable Misappropriation Claim Based on 11-Year-Old Prototype
By Tessa Kroll on Aug 11, 2022
Posted In Trade Secrets
In a dispute between an employer and a former employee, the US Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment against an employer asserting trade secret misappropriation and breach of implied-in-fact contract claims relating to an 11-year-old prototype developed by a former employee. The Court also affirmed the...
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Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law
By Tessa Kroll on Jul 28, 2022
Posted In Trade Secrets
The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed to protect people from strategic lawsuits against public participation (SLAPP). Harper v. Crédito Real Bus. Cap., Case No. 21-0212 (Tex....
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No Harm, No Foul: No False Advertisement Where Trade Association Failed to Show Injury
By Tessa Kroll on Jun 30, 2022
Posted In Trademarks
The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a home inspector association on a false advertising claim brought by a competitor, finding no evidence of injury or harm and explaining that harm could not be presumed merely from the fact that the parties...
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Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding
By Tessa Kroll on Jun 2, 2022
Posted In Copyrights, Trademarks
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive products were legal and could support a valid trademark. AK Futures LLC v. Boyd St. Distro, LLC, Case No. 21-56133 (9th Cir. May 19,...
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Over My Dead Body: Defendant Can’t “Wait Until He Dies” to Pay Arbitration Award
By Tessa Kroll on May 5, 2022
Posted In Uncategorized
The US Court of Appeals for the Seventh Circuit reversed the district court’s interpretation of an arbitration award, finding that the defendant could not “wait until he dies” to pay a portion of the damages award. Nano Gas Techs., Inc. v. Roe, Case Nos. 21-1809; -1822 (7th Cir. Apr. 25, 2022) (Rovner, St. Eve, Jackson-Akiwumi,...
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Missed Connection: Avoid Claim Construction Rendering Independent Claim Narrower Than Dependent Claim
By Tessa Kroll on Apr 14, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court’s claim constructions concerning generic independent claims that were amended after a species restriction requirement, because the district court disregarded the doctrine of claim differentiation after incorrectly concluding that the examiner had mistakenly rejoined withdrawn claims. Littelfuse, Inc. v. Mersen USA EP Corp.,...
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Long-Felt Need Not Felt Long Enough to Overcome Obviousness
By Tessa Kroll on Feb 24, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit upheld a finding that patents covering Narcan, a naloxone-based intranasal opioid overdose treatment, were obvious despite evidence of long-felt need. Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc., Case No. 20-2106 (Fed. Cir. Feb. 10, 2022) (Prost, Stoll, JJ.) (Newman, J., dissenting). In 2012, during...
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Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit
By Tessa Kroll on Jan 27, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action from the District of New Jersey to the Western District of Texas, finding that the district court did not abuse its discretion in departing from the first-to-file rule. In re Amperex...
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