Mealey's Intellectual Property

  • June 11, 2024

    Biotech Companies Agree To Dismiss Appeals Over DNA Sequencing Patents

    WASHINGTON, D.C. — In orders issued June 10, the Federal Circuit U.S. Court of Appeals granted voluntary dismissal in two appeals of final written decisions (FWDs) by the Patent Trial and Appeal Board where Guardant Health Inc. prevailed.

  • June 11, 2024

    Divided Panel Rebuffs Google In Appeal Of Texas Patent Verdict

    WASHINGTON, D.C. — Findings by a jury empaneled in a Texas federal court that Google LLC infringed smart thermostat technology to the tune of $20 million in damages owed to a patent owner will not be disturbed, a majority panel of the Federal Circuit U.S. Court of Appeals has ruled.

  • June 10, 2024

    High Court Passes On Challenge To Review Standard For Likely Confusion

    WASHINGTON, D.C. — Grubhub Inc. remains free to use a logo that drew the ire of a meal kit delivery service, with the U.S. Supreme Court on June 10 denying a petition for writ of certiorari that asked whether a trial court determination of likely confusion is reviewable on appeal for clear error, de novo or a combination of both standards.

  • June 10, 2024

    N.Y. Copyright Case Against Reuters Tossed In Favor Of Spain Contract Action

    NEW YORK — A federal judge in New York on June 7 dismissed a photojournalist’s copyright infringement action against Delaware-based Reuters America LLC and Reuters News & Media Inc. on forum non conveniens grounds, writing that despite potential forum shopping by the news agencies, the “central dispute” between the parties “is between Spanish citizens over events that took place in Spain,” which will necessarily be governed by Spanish contract law.

  • June 10, 2024

    Librarian-Promulgated DMCA Rules Reviewable Under APA, Panel Says

    WASHINGTON, D.C. — The Librarian of Congress must face a legal challenge to a 2021 final rule that exempts repairers of medical equipment from allegations of circumventing technological protection measures (TPMs) for copyrighted works, with a divided District of Columbia U.S. Circuit Court of Appeals on June 7 deeming sovereign immunity waived.

  • June 10, 2024

    8th Circuit Says Use Of Copyrighted Meme Not Licensed Or Fair

    ST. LOUIS — An Iowa federal jury verdict that the reelection committee for former U.S. Rep. Steve King innocently infringed a viral meme will stand, with the Eighth Circuit U.S. Court of Appeals on June 7 rejecting both positions advanced by the committee on appeal.

  • June 10, 2024

    Panel Upholds Dismissal In Dispute Over ‘Pet Friendly’ Dog Shampoo

    ATLANTA — A federal judge in Alabama did not err in granting a motion to dismiss trademark and copyright infringement claims leveled in connection with dog shampoo marketed as “pet friendly,” the 11th U.S. Circuit Court of Appeals has concluded.

  • June 07, 2024

    ‘Town Hall’ Ruling Fuels Judge’s Dismissal Of AI Copyright Case

    SAN FRANCISCO — A federal judge in California on June 6 granted a motion to dismiss copyright claims stemming from the training of artificial intelligence, citing a second judge’s concerns that a similar case involved claims more appropriate in a town hall than a courthouse.

  • June 05, 2024

    U.S. High Court Extends Response Deadline In Review Of 9th Circuit FCA Suit Ruling

    WASHINGTON, D.C. — The U.S. Supreme Court on June 3 granted a 30-day extension for the qui tam plaintiff in a district court decision to respond to pharmaceutical companies’ petition seeking review of the Ninth Circuit U.S. Court of Appeals’ reversal of a district court’s dismissal of a suit accusing them violating the False Claims Act (FCA) by artificially inflating drug prices, arguing in part that the Ninth Circuit “created a circuit split by holding that a relator can avoid the public disclosure bar by ‘stitching together’ public disclosures.”

  • June 03, 2024

    New York Times, OpenAI Dispute Scope Of Discovery In AI Training Fight

    NEW YORK — The New York Times Co. (NYT) told a federal judge in New York that it investigated whether ChatGPT would output protected material from the newspaper only because OpenAI Inc. and related entities are so secretive about what was used to train the artificial intelligence and that given the defendants’ admission that it tracks users, it doesn’t need any additional discovery.

  • June 03, 2024

    Patent, Trade Dress Row Over Vape Design Will Proceed Without Injunction

    CHICAGO — A federal judge in Illinois overseeing a dispute between competing vape makers has rejected as premature a motion to dismiss counterclaims of design patent and trade dress infringement as well as a motion by the counterclaimant for a preliminary injunction.

  • May 31, 2024

    Micron Defends Idaho Anti-Patent Troll Law As ‘Constitutionally Sound’

    WASHINGTON, D.C. — In an appellee brief in the Federal Circuit U.S. Court of Appeals, Micron Technology Inc. pushes back on arguments by two appellants that an Idaho statute intended to deter bad faith patent infringement litigation, or patent trolling, is “arguably the most extreme” such law in the country as well as an “egregious” example of preemption.

  • May 31, 2024

    Motorola: Board Analysis Of Motivation To Combine References Was Faulty

    WASHINGTON, D.C. — A final written decision (FWD) by the Patent Trial and Appeal Board in an inter partes review (IPR) of a lens assembly patent must be vacated, Motorola Mobility LLC argues on appeal, because the board “largely misidentified” an asserted combination of prior art references.

  • May 31, 2024

    Netflix Motion To Join Litigation Fund Manager To Failed Patent Case Denied

    SAN FRANCISCO — Netflix Inc. was dealt dual blows by a federal judge in California, who denied the streaming service’s motion for an order to show cause, as well as its unopposed request to join a litigation fund manager to the case, in connection with a Netflix counterclaim for violations of state law against a former patent infringement plaintiff.

  • May 31, 2024

    Terminal Disclaimer By Patentee Yields Partial Dismissal In Oklahoma

    OKLAHOMA CITY — Litigation over wireless control and distribution technology will proceed with two fewer patents, following voluntary dismissal of one patent from the case and findings by an Oklahoma federal judge that another patent was rendered unenforceable by representations of common ownership in a terminal disclaimer.

  • May 31, 2024

    Federal Circuit Agrees: Charge-Back Patents Lack Inventive Concept

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals upheld findings by a federal judge in Georgia that five patents “essentially” cover the abstract idea of underwriting, rejecting the patent owner’s position at recent oral arguments that the “unconventional data flow” recited in the claims is sufficiently inventive to overcome a patent eligibility challenge.

  • May 30, 2024

    Petitioner Seeks PTO Director Review Of Split Decision By Patent Board

    ALEXANDRIA, Va. — A recent denial of institution of inter partes review (IPR) by a divided Patent Trial and Appeal Board came under fire on May 29, with the petitioner asserting that “the record contains no evidence on which the majority could rationally base its decision.”

  • May 30, 2024

    Appellate Jurisdiction Lacking Over Denied Bid For Injunction Clarification

    NEW YORK — An appellant who was permanently enjoined from packaging its whiskey in a manner that dilutes the trademark of a competitor failed in its request for review of a New York federal judge’s refusal to clarify that one of its packaging designs is nondilutive and that its redesigned packaging would be injunction-compliant, with the Second Circuit U.S. Court of Appeals finding, sua sponte, it lacks appellate jurisdiction.

  • May 29, 2024

    Hoverboard Design Patent Row Back At Federal Circuit For 2nd Time

    WASHINGTON, D.C. — The decision by a hoverboard maker and its U.S.-based distributor to continue to press design patent infringement litigation despite an earlier appellate ruling that questioned their likelihood of success is evidence of anticompetitive intent, various China-based appellees maintain in a filing with the Federal Circuit U.S. Court of Appeals.

  • May 29, 2024

    Panel: Failure To Rebut Evidence Of Senior Use Dooms Trademark Case

    NEW YORK — A trademark infringement counterclaimant failed May 28 to persuade the Second Circuit U.S. Court of Appeals to reinstate a dispute over “Now-Casting” and “Nowcast” with the appeals court concluding the appellant “utterly failed to proffer any evidence rebutting” a competitor’s showing that it was the first to use the trademarks.

  • May 29, 2024

    3rd Circuit Upholds Denial Of Reconsideration Of Mark Cancellation

    PHILADELPHIA — A federal judge in New Jersey committed no abuse of discretion in denying a motion for reconsideration of his January 2019 summary judgment holding that ordered the U.S. Patent and Trademark Office (USPTO) to cancel two trademarks because the motion was untimely and without merit, the Third Circuit U.S. Court of Appeals ruled May 28.

  • May 29, 2024

    Patent Owner Wins More Time To Reply To Novartis Appellee Brief

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 28 granted a patent owner a 14-day extension of its deadline to reply to claims by Novartis Pharmaceuticals Corp. that the doctrine of collateral estoppel bars review of a decision by the Patent Trial and Appeal Board that canceled a patented form of polymorphic fingolimod hydrochloride.

  • May 29, 2024

    Tool Firm To Nevada Supreme Court: No Strict Liability For Trademark Licensor

    CARSON CITY, Nev. — Filing a May 28 brief responding to a question certified to the Nevada Supreme Court by a federal judge, a tool company that licensed its trademark for use on a tool at the heart of a products liability suit asks the high court to find that strict liability applies under the apparent manufacturer doctrine only if a licensor is substantially involved with the product beyond merely providing the trademark.

  • May 29, 2024

    Tech Firm Asks High Court To Address Impact Of Patent Term Adjustment On Validity

    WASHINGTON, D.C. — A cellular and mobile technology company filed a petition for certiorari asking the U.S. Supreme Court to determine that a patent that has had its expiration extended under patent term adjustment (PTA), due to application delays by the U.S. Patent and Trademark Office (PTO), should not then be susceptible to findings of obviousness and invalidity.

  • May 28, 2024

    ISP Tells 4th Circuit Labels’ Misconduct Merits Relief, Discovery In Copyright Row

    RICHMOND, Va. — An internet service provider (ISP), which was found liable for its subscribers’ infringing behavior in downloading copyrighted songs, entreaties the Fourth Circuit U.S. Court of Appeals to find that it was wrongly deprived of the opportunity to conduct additional discovery and seek relief from the infringement judgment after it was discovered that the plaintiff record labels engaged in discovery misconduct by withholding and misrepresenting evidence from their investigation firm that was used against the ISP at trial.

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