http://kflawaz.com/news/ en info@kflawaz.com Copyright 2010 2010-01-13T20:26:03-07:00 http://kflawaz.com/news/article/kercsmar-feltus-successfully-defends-contempt-charges-levied-against-client/ http://kflawaz.com/news/article/kercsmar-feltus-successfully-defends-contempt-charges-levied-against-client/ Kercsmar & Feltus is pleased to announce that it has named Gregory B. Collins a Director of the firm.  Mr. Collins joined Kercsmar & Feltus in August 2007.  His practice focuses on commercial litigation with an emphasis on intellectual property, corporate disputes and internet law.  He has successfully represented clients as lead counsel at trial and arbitration.  Please visit Mr. Collins’ biography for more information. News 2010-01-13T20:26:03-07:00 http://kflawaz.com/news/article/geoffrey-kercsmar-argues-to-federal-circuit-court-in-patent-case/ http://kflawaz.com/news/article/geoffrey-kercsmar-argues-to-federal-circuit-court-in-patent-case/ In a case that could have national and international ramifications, Geoffrey Kercsmar recently argued to the United States Court of Appeals for the Federal Circuit that in design patent infringement cases, trial courts must not use claim construction to circumvent or limit the recently reaffirmed Gorham test.  Kercsmar & Feltus represents an individual inventor in a design parent infringement case against The Stanley Works, one of the largest and most recognizable toolmakers in the world.  At trial, The Stanely Works sucessfully argued that the inventor’s patented design largely covered “functional” aspects of the design, not the required ornamental aspects of the design.  The trial court agreed, granting a verdict in favor of The Stanley Works.  On behalf of their client, Kercsmar & Feltus appealed to the Federal Circuit.  On appeal, Kercsmar & Feltus argued that parsing the functional elements from the overall design of a patent is improper, because it makes application of the century-old Gorham test impossible.  Mr. Kercsmar’s argument to the Federal Circuit can be heard at http://oralarguments.cafc.uscourts.gov/mp3/2009-1354.mp3.  A decision on the appeal is expected soon. News 2010-01-13T18:22:29-07:00 http://kflawaz.com/news/article/william-t.-luzader-iii-joins-firm/ http://kflawaz.com/news/article/william-t.-luzader-iii-joins-firm/ Kercsmar & Feltus is pleased to announce that William T. Luzader, III has joined the firm as an associate attorney, effective August 31, 2009.  Mr. Luzader was previously with the international firm Bryan Cave LLP.  Please visit Mr. Luzader’s biography for more information. News 2009-10-16T23:17:12-07:00 http://kflawaz.com/news/article/geoffrey-kercsmar-and-christopher-goodman-prevail-at-trial/ http://kflawaz.com/news/article/geoffrey-kercsmar-and-christopher-goodman-prevail-at-trial/ After a four day jury trial, Geoffrey Kercsmar and Christopher Goodman obtained a unanimous verdict in favor of a Kercsmar & Feltus client.  The client was a partnership that owned a hotel, and the case arose from the sale of that hotel.  Shortly after the hotel sale, two partners received payments from the hotel buyer without disclosing the payments to the remaining partners or the partnership.  These payments were characterized alternatively as consulting fees or finder’s fees, though the partners who received the payments maintained that they were simply “gifts” from the buyer.  The jury found that, by receiving the payments related to the hotel sale and failing to disclose them, the two partners breached their fiduciary duty to the partnership and the remaining partners.  The jury awarded the partnership the full amount of the payments received.  News 2009-10-16T23:14:09-07:00 http://kflawaz.com/news/article/patent-law-alert/ http://kflawaz.com/news/article/patent-law-alert/ In the modern economy, your business’s most valuable asset is often intellectual property.  Intellectual property is protected by trademarks, copyrights, utility patents and design patents. While the courts have provided extensive guidance regarding the enforcement of trademark, copyright and utility patent rights, design patent law has been relatively untouched since the late 1800s. On September 22, 2008, however, an en banc panel of the Federal Circuit Court of Appeals decided Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008).  This opinion dramatically alters the landscape of design patent law. Prior to Egyptian Goddess, proving design patent infringement required a two-part test. First the patentee had to show that in the eyes of the ordinary observer the patented design and the infringed design were “substantially the same” (“The Ordinary Observer Test”). See Gorham Mfg. Co. v. White, 81 U.S. 511 (1871). Then, if the Ordinary Observer Test was satisfied, to prove infringement the patentee also needed to establish “the accused device …. appropriate[s] the novelty in the patented device which distinguishes [the patented device] from the prior art (‘The Point of Novelty Test’).”  See Litton Systems, Inc. v. Whirlpool Corp., 728 F.2d 1423, 1444 (Fed. Cir. 1984).  The Point of Novelty Test proved a high hurdle to enforcement of design patents. Rarely, could a patentee point to a single portion of their invention that was distinct from every other existing design. In Egyptian Goddess, the Federal Circuit did away with the Point of Novelty Test. The court held that the proper inquiry for design patent infringement is whether an ordinary observer with knowledge of the prior art would believe that the patented design and the infringed design were substantially similar. In doing away with the Points of Novelty Test, the Federal Circuit lowered the bar for any design patent claim. Accordingly, Egyptian Goddess represents a substantial victory for those looking to enforce their intellectual property rights. Kercsmar & Feltus handles many intellectual property issues for its clients; for more information, contact Greg Collins at 480.421.1001. News 2008-12-19T22:54:57-07:00 http://kflawaz.com/news/article/headline-4/ http://kflawaz.com/news/article/headline-4/ Geoffrey S. Kercsmar recently argued and won an appeal before the Arizona Court of Appeals, Division I.  The appeal involved the validity of a $3.7 million materialman’s lien in Mohave County, and potentially had far-reaching impact on the Arizona development community. In its decision, the Court of Appeals found that the materialman’s lien, recorded in connection with road grading work done on a master planned community, was not improper under Arizona law.  Kercsmar & Feltus has extensive experience in construction matters; for more information, contact Mr. Kercsmar at 480.990.6210. News 2008-12-18T23:07:24-07:00 http://kflawaz.com/news/article/headline-5/ http://kflawaz.com/news/article/headline-5/ Kercsmar & Feltus is pleased to announce that Jenessa N. G. Boleda has joined the firm as an associate attorney, effective January 5, 2009.  Ms. Boleda was previously with the Los Angeles firm McDermott, Will & Emery LLP.  Please visit Ms. Boleda’s biography for more information. News 2008-12-18T23:07:17-07:00 http://kflawaz.com/news/article/test-post-3/ http://kflawaz.com/news/article/test-post-3/ Christopher M. Goodman recently argued and won an appeal before the Arizona Court of Appeals, Division II.  The appeal involved the trial court’s application of a settlement agreement to subsequent conduct by the parties involved. The Court of Appeals found that Arizona’s partnership statute and public policy prevented a release of future tortuous conduct among partners in an ongoing entity.  Kercsmar & Feltus regularly handles appeals on behalf of firm clients; for more information, contact Mr. Goodman or Geoffrey S. Kercsmar at 480.421.1001. News 2008-12-04T22:16:22-07:00 http://kflawaz.com/news/article/test-post-two/ http://kflawaz.com/news/article/test-post-two/ Geoffrey S. Kercsmar and Gregory B. Collins successfully canceled the federal trademark registration of a client’s chief competitor based on the genericness of the mark.  The firm has extensive experience in trademark law, including opposition and cancellation proceedings before the Trademark Trial and Appeals Board.  For more information, contact Mr. Kercsmar or Mr. Collins at 480.421.1001. News 2008-11-12T06:10:12-07:00 http://kflawaz.com/news/article/test-post-one/ http://kflawaz.com/news/article/test-post-one/ Geoffrey S. Kercsmar and Gregory B. Collins recently prevailed in a two-day arbitration on behalf of individual investors in a condominium complex who sued seeking return of their pre-construction deposit moneys.  After confirming the arbitration award in Maricopa County Superior Court, the full deposit was recovered from the condominium developer.  Kercsmar & Feltus handles many real estate development cases; for more information, contact Mr. Kercsmar or Mr. Collins at 480.421.1001. 2008-10-31T10:06:06-07:00