Volume 23, Issue 1 Surveys

Carpenter v. United States
138 S. Ct. 2206 (2018)

By Cera J. Armstrong

Cell Site Location Information (“CSLI”) is a timestamped record created every time a cell phone connects to a radio-antennae, called a “cell site.”1 Cell sites are comprised of directional antennas that divide service areas into sectors. Usually found on towers, cell sites can also be found on common public fixtures to increase the geographic concentration of cell sites and create stronger cellular networks. Cell phones scan multiple times per minute to connect with cell sites.

View PDF – Armstrong – Carpenter v. United States

Royal Crown Co. v. Coca Cola Co.
892 F.3d 1358 (Fed. Cir. 2018)

By Belle Borovik

Plaintiff Royal Crown Company Inc. (“Royal Crown”) appeals the decision of the Trademark Trial and Appeal Board (“Board”) to approve The Coca Cola Company’s (“TCCC”) trademark application for the use of ZERO as part of combination marks without requiring disclaimer of the term ZERO.

View PDF – Borovik-Royal Crown Co. v. Coca Cola Co.

Oracle Am., Inc. v. Google LLC.
886 F.3d 1179 (Fed. Cir. 2018)

By Colin Johnson

Appellant Oracle America, Inc. (“Oracle”) is an American computer technology corporation that specializes in developing and marketing database software and technology management systems. Cross-Appellant Google Inc. (“Google”), is an American technology company that specializes in Internet-related services and products.

View PDF – Johnson -Oracle Am., Inc. v. Google LLC.

Adidas Am., Inc. v. Skechers USA, Inc.
890 F.3d 747 (9th Cir. 2018)

By Krystel Sanford

Appellee Adidas America, Inc. (“Adidas”) is a leading manufacturer of athletic shoes and apparel. Appellant Skechers USA, Inc. (“Skechers”) competes with Adidas in the market for athletic shoes and apparel.

View PDF – Sanford – Adidas Am., Inc. v. Skechers USA, Inc

Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC
138 S. Ct. 1365 (2018)

By Aaron Shaw

Petitioner, Oil States Energy Services, LLC (“Oil States”), obtained a patent for a technology which protected wellhead equipment employed in oil fracturing. Oil States sued Greene’s Energy Group, LLC (“Greene’s Energy”), for infringing upon said patent. Both companies operate in the oilfield services sector. Greene’s Energy disputed the patent’s validity in the district court contending that two of the patent’s claims were unpatentable. Simultaneously, Greene’s Energy petitioned the US Patent and Trademark Office (“PTO”) for an inter partes review.

View PDF – Shaw – Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC

WesternGeco LLC v. ION Geophysical Corp.
138 S. Ct. 2129 (2018)

By McKenzie Thomsen

WesternGeco LLC (“WesternGeco”) obtained four United States pa-tents for a system to survey the ocean floor. The system used lateral-steering technology to produce data at a higher quality than previous survey systems. WesternGeco was the only company using lateral-steering technology. ION Geophysical Corporation (“ION”) began selling a competing survey system in 2007. ION manufactured the components for their system and then sent the components abroad to be assembled. Once assembled, ION’s final product was indistinguishable from WesternGeco’s lateral-steering survey system. This process of manufacturing components of an invention domestically, shipping them abroad for assembly, and then selling them on the market is known as “extraterritorial infringement.” As a result of ION’s extraterritorial infringement, WesternGeco lost ten survey contracts.

View PDF – Thomsen – WesternGeco LLC v. ION Geophysical Corp

BMG Rights Mgmt. (US) LLC v. Cox Communs., Inc.
881 F.3d 293 (4th Cir. 2018)

By Jennifer Zazi

Appellant Cox Communications, Inc. (“Cox”) provides internet access to its subscribers. Cox does not control how its subscribers use the internet service, but if subscribers use the service to infringe on copyrights, Cox is able to suspend or terminate the service. Subscribers share files using the Bit-Torrent technology which helps subscribers share all types of files, including copyrighted music files.

View PDF – Zazi – BMG Rights Mgmt. (US) LLC v. Cox Communs., Inc