Mealey's Intellectual Property

  • May 09, 2024

    6th Circuit Reverses Dismissal Of Trademark Case On Jurisdiction Grounds

    CINCINNATI — Findings by a Tennessee federal judge that his court lacks jurisdiction over an Arizona-based trademark infringement defendant were reversed May 8 by a divided Sixth Circuit U.S. Court of Appeals, which said “longstanding precedent establishes that a company’s choice to welcome customers from and regularly sell products into a state subjects the company to that state’s jurisdiction.”

  • May 09, 2024

    Divided High Court Affirms Copyright Damages Ruling; Dissent Says DIG Warranted

    WASHINGTON, D.C. — In a divided opinion issued May 9, the U.S. Supreme Court affirmed findings by the 11th Circuit U.S. Court of Appeals that a copyright plaintiff can recover damages for infringing acts occurring more than three years before filing suit so long as the infringement was alleged within three years of being discovered.

  • May 09, 2024

    Magistrate Denies Motion For Indicative Relief In FCA Suit Alleging Overcharging

    SAN FRANCISCO — A California federal magistrate judge denied a relator’s motion for an indicative ruling that pursuant to the Ninth Circuit U.S. Court of Appeals’ decision in United States ex rel. Silbersher v. Valeant Pharms. Int’l, Inc., a similar False Claims Act (FCA) suit brought by the same relator, the magistrate judge should grant the relator “relief” from the judgment on appeal to the Ninth Circuit after dismissing his claims that pharmaceutical companies overcharged the federal government and states under Medicare and Medicaid.

  • May 08, 2024

    Panel Agrees: Domestic Industry Requirement Not Satisfied By Patent Owner

    WASHINGTON, D.C. — Findings by the International Trade Commission (ITC) that a patent owner failed to establish a domestic industry for its electronic stud finder technology were affirmed May 8 by the Federal Circuit U.S. Court of Appeals.

  • May 08, 2024

    Discretionary Denial Of Apple Petitions Warranted, Patent Owner Asserts

    ALEXANDRIA, Va. — Infringement litigation in Texas federal court over several fraud detection patents is too far along to institute inter partes review (IPR), the patent owner told the Patent Trial and Appeal Board on May 7, urging a discretionary denial of the challenges to its technology by Apple Inc.

  • May 08, 2024

    Microsoft, OpenAI Shared Knowledge On CMI Removal, Media Outlet Says

    NEW YORK — Microsoft Inc. and OpenAI’s close relationship necessitates that they shared material with improperly removed copyright management information (CMI) and knew that removing the material from training sets could result in ChatGPT plagiarizing the content, a media company tells a federal judge in New York in opposing dismissal of its suit.

  • May 08, 2024

    Jury Verdict Clearing Famed Tattoo Artist In Copyright Row Will Stand

    LOS ANGELES — A federal judge in California has turned away a plaintiff photographer’s request for a new trial on allegations that Katherine Von Drachenberg, better known as Kat Von D, copied his photograph of the late Miles Davis for a tattoo she created for a friend in 2017.

  • May 07, 2024

    In Win For AI Company, Panel Upholds Cancellation Of Patent Claims By Board

    WASHINGTON, D.C. — Voice command technology allegedly infringed by an artificial intelligence (AI) company’s free and open-source software virtual assistant was confirmed unpatentable on May 6 by the Federal Circuit U.S. Court of Appeals.

  • May 07, 2024

    PTO Persuades Panel To Remand IFIT Appeal To Trademark Board

    WASHINGTON, D.C. — Over the objection of appellant iFIT Inc., the Federal Circuit U.S. Court of Appeals has remanded the fitness company’s appeal of its failed bid to block an application to register the “I-FIT FLEX” trademark in view of a concession by the U.S. Patent and Trademark Office (PTO) that the Trademark Trial and Appeal Board’s ruling was light on factual support, which the agency said could hamper appellate review.

  • May 06, 2024

    Amazon Patent Evaluation Submission Is Purposeful Direction, Panel Says

    WASHINGTON, D.C. — The initiation of an evaluation under the Amazon Patent Evaluation Express (APEX) system — which triggers the potential removal of an allegedly infringing product listing from Amazon.com if a seller fails to respond — constitutes a purposeful direction of activities at the seller’s forum state sufficient to confer specific personal jurisdiction, the Federal Circuit U.S. Court of Appeals has ruled. 

  • May 06, 2024

    Printed Matter Doctrine Wrongly Applied By Board, Federal Circuit Says

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 3 upheld a determination by the Patent Trial and Appeal Board that the vast majority of challenged claims in three patents directed to a tunneling client access point are unpatentable but said six claims in two of those same patents were wrongly deemed anticipated, following the board’s erroneous application of the printed matter doctrine.

  • May 06, 2024

    Federal Circuit Finds No Error By Board In Patent Claim Construction

    WASHINGTON, D.C. — Final written decisions (FWDs) by the Patent Trial and Appeal Board that declared four packet monitor patents obvious will stand, the Federal Circuit U.S. Court of Appeals has ruled, rejecting claims by the patent owner that the board construed a disputed claim term too broadly.

  • May 03, 2024

    Maker Of Muscular Dystrophy Drug Found Liable For Patent Infringement

    WILMINGTON, Del. — Rejection by a federal judge in Delaware of allegations that the phrase “in which uracil bases are thymine bases” is indefinite has yielded a summary judgment by a different federal judge in Delaware in favor of a patent owner on the question of infringement.

  • May 03, 2024

    With Patents Confirmed Obvious, Panel Vacates Texas Damage Award

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 2 said its affirmance the same day of findings by the Patent Trial and Appeal Board that three patents are invalid has an issue preclusive effect on a separate appeal of an amended final judgment by a Texas federal judge who, on remand, recalculated damages for infringement of the same patents.

  • May 02, 2024

    OpenAI Faults Media’s ‘Generalized Allegations’ In ChatGPT Copyright Suit

    NEW YORK — Journalism outlets’ allegation that ChatGPT-4 produces copyrighted material does not provide an injury on which they can proceed, and removal of copyright management information from internal datasets allegedly used to train the artificial intelligence cannot possibly meet the standard of the Digital Millennium Copyright Act (DMCA), OpenAI Inc. and related entities told a federal judge in New York in seeking dismissal.

  • May 01, 2024

    PTO Grants Reexam Of 4th AI Patent; Delaware Infringement Case Stayed

    ALEXANDRIA, Va. — In an office action, the U.S. Patent and Trademark Office (PTO) said it will reexamine a patent directed to a method of dental arch image analysis that relies on artificial intelligence on the heels of other reexaminations and an inter partes review (IPR) it has recently initiated of three patents from the same family, which led to a stay of related infringement litigation in Delaware federal court.

  • May 01, 2024

    Panel: Texas Federal Judge Wrongly Found Standing Lacking In Patent Row

    WASHINGTON, D.C. — Allegations that a radio frequency identification (RFID)-related patent was infringed were revived May 1 by the Federal Circuit U.S. Court of Appeals, which found that contrary to the conclusion reached by a federal judge in Texas, a creditor’s “unexercised” right to license a patent does not deprive a patentee of its right to exclude.

  • May 01, 2024

    Website Owner Asks High Court About Scope Of Contributory Copyright Infringement

    WASHINGTON, D.C. — The owner and operator of the Kiwi Farms website, who was found liable for contributory infringement over site users’ posting of copyrighted materials, tells the U.S. Supreme Court in a petition for certiorari that the 10th Circuit U.S. Court of Appeals’ ruling improperly expanded secondary liability by holding that receiving a takedown notice sufficiently establishes knowledge of infringement meriting action by a site operator.

  • April 30, 2024

    Panel: Discretion Not Abused By Board In Sustaining Trademark Opposition

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals on April 30 said it will not disturb a decision by the Trademark Trial and Appeal Board that turned away an application to register the “#TODECACHO” trademark.

  • April 30, 2024

    Temu Beats Trademark Claims In Illinois, But Leave To Amend Granted

    CHICAGO — Allegations by the maker of a hand grip strengthener that the retail platform Temu sells counterfeit products bearing the “FitBeast” trademark were dismissed without prejudice on April 29 by a federal judge in Illinois, who said the accused conduct is not a use in commerce.

  • April 30, 2024

    Ownership Challenge By Valve Referred To U.S. Copyright Office

    SEATTLE — A federal judge in Washington on April 29 ordered a copyright infringement action stayed while the register of the U.S. Copyright Office addresses allegations that a plaintiff knowingly provided inaccurate information when declaring himself author of the allegedly infringed work.

  • April 30, 2024

    California UCL Claims At Core Of Briefing In ChatGPT AI Case

    SAN FRANCISCO — Briefing recently wrapped in California federal court on a motion to dismiss claims in consolidated lawsuits in which authors allege that OpenAI Inc. and others violated the California unfair competition law (UCL) by training artificial intelligence on copyrighted material.

  • April 30, 2024

    Former Governor Defends AI Copyright Suit From Vagueness, Fair Use Challenges

    NEW YORK — Allegations of a news and finance organization’s illicit use of copyrighted material in the training of artificial intelligence suffice to survive a motion to dismiss, and the company’s conclusory statements about fair and intended uses could open “Pandora’s box,” former Arkansas Gov. Mike Huckabee and others argue in opposing a motion to dismiss filed in a federal court in New York.  The defendants argue that general statements about training of AI and the lack of allegations of commercial usage of the product doom the complaint.

  • April 29, 2024

    Infringement Judgment Will Stand, But Redo On Validity Ordered By Panel

    WASHINGTON, D.C. — Although a divided Federal Circuit U.S. Court of Appeals panel on April 29 said it found no genuine dispute that an appellant literally infringed a patented panoramic viewing system, it said evidence of obviousness presented to a California federal judge should have precluded summary judgment in favor of the patent owner on the question of validity.

  • April 29, 2024

    9th Circuit Affirms No Coverage Ruling In Dispute Arising From Gold Treasure

    SEATTLE — The Ninth Circuit U.S. Court of Appeals on April 26 affirmed a lower federal court’s summary judgment ruling in favor of an ocean marine general liability insurer in a declaratory judgment lawsuit disputing coverage for an underlying $7.5 million covenant judgment that resolved claims that the appellant was denied possession and use of the tangible and intangible work product that was created during gold salvage expeditions.

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