Monday, December 18, 2006

You Still Need Proof to Win a Patent Infringement Case

Hermann Douglas v. Wal-Mart Stores, Inc., [06-1473](December 18, 2006)[Mayer, Rader, Gajarsa][NON-PRECEDENTIAL] The Federal Circuit affirmed summary judgment in favor of Wal-Mart on Douglas claims of patent infringement, copyright infringement, trade dress infringement, false advertising, unfair competition, and trademark infringement. Douglas owned a patent on an auto control pillow, and sued Wal-Mart alleging a neck massage pillow sold by Wal-Mart infringed his patent. Douglas failed to prove any of his causes of action.