“Rarely does an infringement case reveal such explicit evidence of bad faith.” Those scathing words were issued not by one judge, but a three-judge panel in the Second Circuit — after hearing an appeal on a motion to dismiss in Car-Freshner Corporation v. American Covers, LLC, d/b/a Energizer, among others. The case started in the…
Dictum is defined as a judge’s incidental expression of opinion, not essential to the decision, and not establishing precedent. In Eric Fishon et al. v. Peloton Interactive, there is quite a lot of dictum surrounding a motion to dismiss. The case started as an intellectual property matter between Peloton and the National Music Publishers Association…