Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

Plaintiff brings suit for infringement and false advertising under the Lanham Act.  Plaintiff alleges that defendant’s products infringe four of its patents-in-suit which relate to frameless windshield wiper blades.  Additionally, plaintiff alleges that defendant uses false and misleading descriptions of fact in marketing its product.  Defendant seeks to dismiss plaintiff’s false advertising claims.  Plaintiff alleges that defendant’s use of the words “new and improved,” “innovative” and “development” constitute false advertising because it developed the technology, and therefore, defendant did not develop the products, and the products cannot be “new and improved” or “innovative.”  However, false attribution of inventorship is not actionable under the Lanham Act.  Additionally, statements like “new and improved” and “innovative” are mere puffery and do not constitute factual statements actionable under the Lanham Act.  Therefore, plaintiff fails to state a claim for false advertising.