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Posts published in “Case Alerts”

Kiss Nail Products Sues Three Chinese Companies for Infringement of United States Patent No. 10,010,148 (Oct. 9, 2018, U.S. District Court for Eastern District of New York)

In this action, the plaintiff, Kiss Nail Products, Inc. (“Kiss”), a New York-based company, seeks to recover monetary damages from and enjoin the continued infringement of United States Patent No. 10,010,148 (“148 Patent”) by Shenzhen Kaylux Technology Co. Ltd. (“Kaylux”), Guangzhou Menarda Electrical Co., Ltd. (“Menarda”), Shenzhen Manjiu Import and Export Trade Co., Ltd. (“Manjiu”), all formed under the laws of the PRC. In relevant part, Kiss sells the Instawave® Automatic Hair Curler product (the “Instawave”), described as a hair curler featuring “a rotating member for wrapping hair around a heated barrel in order to assist with forming curls in…

Independent Contractor Files Suit against City of New York and China Construction America for Injuries Sustained on Gerritsen Inlet Bridge Construction Site (October 3, 2018, Supreme Court for the State of New York)

The plaintiff, John Gallagher (“Gallagher”), an employee of Hellman Electric Corporation, commenced an action against the City of New York (“the City”) and China Construction America, Inc. (“CCA”), a subsidiary of China State Construction Engineering Corp. Ltd. . on October 3rd, 2018. The plaintiff alleges that the City and CCA both own the Gerritsen Inlet Bridge (“a part of the arterial highway known as the Belt Parkway, in the County of Kings, City and State of New York”) with all the duties of care owed by an owner/occupier; CCA having been hired as a general contractor by the City for…

A New Jersey Company – Juul Labs – Filed Multiple Lawsuits against Several Chinese Companies for Infringement on Four Patents It Acquired (Oct. 3, 2018, U.S. District Courts in California and New Jersey)

Juul Labs, Inc., a Delaware incorporated company having its principal place of business in New Jersey (“Juul”), previously acquired from the inventors four patents on “Cartridge for Use with a Vaporizer Device”, “Vaporization Device Systems and Methods”, and “Vaporizer Apparatus”, which all were issued by the USPTO August through September 2018. On October 3, 2018, soon after its acquisition of these patents, Juul filed at least three separate patent infringement lawsuits, all on the same day, against several defendants, many of which are Chinese companies, arguing that the defendants’ certain products had infringed its patents, praying for immediate enjoinment and…

Ex-employee sought judicial relief from post-employment compulsory IP assignment at a California State Court; case now transferred to District Court in Taxas (Sep. 25, 2018, U.S. District Court in Texas)

As Futurewei and its parent company Huawei filed a lawsuit against their ex-principal engineer Yiren Ronnie Huang (“Ronnie”) in December 2017 (see our last post on this blog), Ronnie, in response, filed a lawsuit at a California state court against Futurewei and Huawei (collectively “Defendants”) to seek judicial relief from the compulsory assignment of his inventions to Defendants set forth in his employment contract with Defendants. Between January 2011 and May 2013, Ronnie was a principal engineer at Futurewei, specializing in R&D. Ronnie’s employment contract contains compulsory invention assignment provisions that are so broad that Ronnie was required to assign…