Spine Solutions Inc. v. Medtronic Sofamor Danek USA Inc.
Evidence of uncertainty and extensive testing can be useful to show nonobviousness, even if a claimed element was known to be possible and considered at a prior time.
Evidence of uncertainty and extensive testing can be useful to show nonobviousness, even if a claimed element was known to be possible and considered at a prior time.
Defendant’s use of plaintiff’s “Reno Air Races” and “pylon logo” marks on merchandise defendant sells at racing events has caused, and is likely to continue to cause, consumer confusion, since plaintiff’s marks are strong, and since plaintiff and defendant sell substantially similar merchandise bearing identical or substantially similar marks in extremely close proximity.
An interlocutory appeal of a summary judgment that denies an injunction is not allowed unless the moving party can show that serious or irreparable harm will occur before final judgment.