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Lashify, Inc. v. ITC

  1. March 11, 2025

    More ITC Patent Cases Expected After Fed. Circ. 'Sea Change'

    A recent Federal Circuit decision discarding the U.S. International Trade Commission's limits on what types of domestic expenses qualify a company to bring a patent suit at the agency marks a pronounced shift that will likely spur considerably more ITC cases, attorneys say.

  2. March 05, 2025

    Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits

    The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.

  3. January 13, 2025

    Fed. Circ. Mulls ITC Domestic Industry Rule In Lashify Case

    A Federal Circuit panel on Monday questioned the U.S. International Trade Commission's holding that sales and marketing activities by eyelash extension company Lashify weren't enough to allow it to prevail in a patent suit, with one judge saying the ITC's reading "makes no sense."

  4. January 09, 2025

    IP Forecast: OpenAI, Microsoft Look To Toss NYT Case

    OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.

  5. August 26, 2024

    Jury Awards Lashify $31M In Worldbeauty Patent Case

    Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.

  6. July 05, 2024

    Don't Defer To ITC On Domestic Industry, Fed. Circ. Told

    The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.

  7. November 22, 2023

    Fed. Circ. Urged To Keep ITC Lash Extension Import Ruling

    Lashify Inc. is a "mere importer" of its popular eyelash extension system and not a domestic industry protected by a federal law concerning patent infringement by overseas importers, major cosmetic retailers including Walmart, Ulta, CVS and Kiss Nail Products told the Federal Circuit.

  8. July 03, 2023

    Lashify Fights ITC Fake Eyelash Import Ruling At Fed. Circ.

    False eyelash company Lashify is urging the Federal Circuit to reverse an International Trade Commission decision to refuse to ban certain infringing lash products imported by competitors, contending the commission wrongly found, in part, that it didn't satisfy certain economic requisites.

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