Mealey's Intellectual Property

  • April 29, 2024

    Motion To Dismiss Partly Granted In Dispute Over NFTs, Source Code

    SEATTLE — A federal judge in Washington on April 26 said unjust enrichment claims leveled against two companies in connection with their procurement of source code and other proprietary information must be dismissed because the benefit they allegedly received was indirectly conferred.

  • April 29, 2024

    Trademark Owner Tells High Court Jurisdiction Requires Causal Link To Venue

    WASHINGTON, D.C. — Impossible Foods Inc. “pushe[s] the minimum-contacts test” for jurisdiction “past its breaking point,” a petitioner argues in a reply supporting its petition for certiorari, in which it asks the U.S. Supreme Court to clarify when specific jurisdiction over a trademark defendant requires a causal relationship between the venue and purported infringement.

  • April 29, 2024

    Abiomed: ‘Revolutionary’ Heart Pump Rightly Cleared In Infringement Action

    WASHINGTON, D.C. — A federal judge in Massachusetts did not err in rejecting on summary judgment allegations that five patents are infringed by “Impella” heart pump product line, Abiomed Inc. tells the Federal Circuit U.S. Court of Appeals in an April 26 appellee brief.

  • April 26, 2024

    Board Breathes New Life Into Halliburton Effort To Patent Charge Liner

    ALEXANDRIA, Va. — Although rejecting a position advanced by Halliburton Energy Services Inc. that an examiner erred in conducting an appeal conference with an unqualified conferee, the Patent Trial and Appeal Board on April 26 found examiner error in a rejection of all 25 claims of Halliburton’s application to patent a liner used in shaped charges.

  • April 26, 2024

    N.Y. Federal Magistrate Judge Recommends Fee Denial In Clash Between Music Schools

    NEW YORK — A request by a music school and its founder for reimbursement of the attorney fees they incurred in successfully defending allegations of copyright infringement, unfair competition and trade secret misappropriation should not be granted, a federal magistrate judge in New York has recommended.

  • April 26, 2024

    Patent Owner’s Post-Trial Motion Denied In Full By Delaware Federal Judge

    WILMINGTON, Del. — A bid by the owner of a pipe coupling patent declared not infringed by a Delaware federal jury to undo the verdict and a pretrial ruling that eliminated two other patents from the case failed April 25.

  • April 25, 2024

    Contract, Patent Case In Massachusetts Stayed In Favor Of Inter Partes Review

    BOSTON — A recent decision by the Patent Trial and Appeal Board to institute inter partes review (IPR) of a patented method for allocating employee gratuities led a federal judge in Massachusetts on April 24 to stay litigation there, in a case that also involves allegations that the IPR petitioner breached two nondisclosure agreements.

  • April 25, 2024

    Parties Spar Over Motivation To Combine References At Patent Board Hearing

    ALEXANDRIA, Va. — In a dispute over an oft-litigated patent that allows users not only to track a vehicle but also to control, remotely, various vehicle functions, the Patent Trial and Appeal Board on April 24 heard oral arguments that focused primarily on a motivation to combine two prior art references and the patent owner’s secondary considerations of nonobviousness.

  • April 24, 2024

    Professors Tell High Court Disgorged Profits Shouldn’t Include Separate Affiliates

    WASHINGTON, D.C. — Filing an amicus curiae brief in support of a company that was hit with a $43 million disgorgement of profits award in a trademark infringement dispute, two law professors tell the U.S. Supreme Court that the Fourth Circuit U.S. Court of Appeals erred in upholding the award, which exceeded the trial court's authorization under the Lanham Act to award a defendant’s profits “subject to the principles of equity.”

  • April 24, 2024

    Copyright, Trademark, Trade Dress Case Against TikTok Will Largely Proceed

    SAN FRANCISCO — Although a motion to dismiss by TikTok Inc. was partly granted April 23, the copyright, trademark and trade dress claims by a China-based company can be repleaded in a fourth amended complaint (FAC), a federal judge in California ruled.

  • April 24, 2024

    On Remand From SCOTUS, Panel Takes 2nd Look At Foreign Conduct, Sales

    DENVER — In a revised opinion issued April 23, the 10th Circuit U.S. Court of Appeals, acting on remand from the U.S. Supreme Court, clarified that downstream, foreign sales and steps taken domestically to facilitate foreign sales cannot factor into the analysis of disgorged profits in a trademark infringement case.

  • April 23, 2024

    California Federal Judge Disqualifies Defense Counsel In Trademark, Antitrust Case

    SAN FRANCISCO — The nearly decade-long assistance to HDMI Licensing Administrator Inc. (HDMI LA) by members of a law firm’s Beijing office bars the firm’s New York office from representing a trademark infringement defendant that has leveled antitrust counterclaims against HDMI LA, a federal judge in California ruled April 22.

  • April 23, 2024

    Judge Notes Importance Of Music Industry’s AI Suit, Won’t Provide Timeline

    NASHVILLE, Tenn. — A federal judge said two motions, one seeking a preliminary injunction and another seeking dismissal, in music publishers’ case alleging copyright infringement against Anthropic PBC over the training of its artificial intelligence remain “a priority” and that he was aware that the plaintiffs hoped for expedited disposition but said he would provide no timeline for a decision.

  • April 23, 2024

    Challenge By Meta To Eligibility Of Object Detection Patent Fails

    WILMINGTON, Del. — A partial motion to dismiss by Meta Platforms Inc. was granted in part on April 22 by a visiting judge in Delaware federal court, who said that although one of the two patents being challenged by the social media giant is ineligible for patenting, allegations that Meta infringed the other patent will proceed.

  • April 23, 2024

    Briefing Complete In Row Over Digital Imaging Patents Declared Ineligible

    WASHINGTON, D.C. — An appellee brief by Google LLC “incorrectly diminishes” the role of a patent specification in “providing guidance” on whether the claims of the patent “recite a computing improvement” and in so doing “manufactures its own facts as a substitute,” the owner of four invalidated digital image processing patents tells the Federal Circuit U.S. Court of Appeals in an April 22 reply brief.

  • April 22, 2024

    Rejecting Recommendation, Delaware Federal Judge Deems Patent Ineligible

    WILMINGTON, Del. — An objection to a February report and recommendation by a federal magistrate judge was sustained April 19 by a Delaware federal judge, who agreed with a defendant that the patent it stands accused of infringing recites the abstract idea of “communicating identification information using an image” and lacks sufficient inventiveness at step two of the eligibility inquiry.

  • April 22, 2024

    Vanda Bid For Clarification On Obviousness Standard Turned Away By High Court

    WASHINGTON, D.C. — The U.S. Supreme Court on April 22 denied a petition for a writ of certiorari by Vanda Pharmaceuticals Inc., which sought to undo findings that four patents relating to the use of tasimelteon to treat the sleep-wake disorder known as “non-24” would have been obvious to a person of skill in the art (POSITA).

  • April 19, 2024

    Aptiv Says Patent Was ‘Designed To Resolve’ Deficiencies In Cited Art

    ALEXANDRIA, Va. — Global technology company Aptiv Technologies AG is defending its patented module, used in Apple CarPlay and Android Auto, which allows a mobile device to connect to an automotive system having a Universal Serial Bus (USB) hub, urging the Patent Trial and Appeal Board on April 18 to deny a petition for inter partes review (IPR).

  • April 19, 2024

    Bank Of America Beats Trademark Claims By Search Engine Operator

    DENVER — Almost three years after reinstating a trademark infringement action against Bank of America Corp. (BofA), the 10th Circuit U.S. Court of Appeals on April 18 affirmed a Colorado federal judge’s decision on remand to again reject the allegations.

  • April 19, 2024

    California Federal Judge Limits Damages, Patents In Aprisa Patent Litigation

    SAN FRANCISCO — Siemens Industry Software Inc. has secured a finding that it did not infringe one of two patents asserted against it by a rival, as well as a determination that failure by the patent owner to mark its products and present evidence of foreign sales will limit the reasonable royalty calculation at an upcoming trial over the “Aprisa” place-and-route platform.

  • April 19, 2024

    Patent Row Over Coca-Cola ‘Freestyle’ Dispenser Back At Federal Circuit

    WASHINGTON, D.C. — The owner of a patented beverage dispensing system that saw its infringement case against Coca-Cola Co. reinstated by the Federal Circuit U.S. Court of Appeals in May 2020 is again seeking appellate review, this time of what it calls a “frankly disturbing” summary judgment ruling by a Georgia federal judge on remand.

  • April 18, 2024

    Natera Method For Genetic Mutation Analysis Should Be Canceled, Petitioner Says

    ALEXANDRIA, Va. — Despite recognition that three steps outlined in a Natera Inc. patent for analyzing mutations in cell-free DNA were not new on their own or in combination, a patent examiner wrongly allowed the claims based on two amendments that would also be obvious to a person skilled in the art (POSA), a petitioner for inter partes review (IPR) maintains in an April 17 filing with the Patent Trial and Appeal Board.

  • April 18, 2024

    Laches Presumption Not Rebutted, 3rd Circuit Says, Barring Relief, Award

    PHILADELPHIA — A federal judge in New Jersey in a case on remand for a second time failed to properly apply the presumption in favor of laches, the Third Circuit U.S. Court of Appeals ruled April 17 in a win for a nonprofit ordered to pay more than $7.8 million in disgorged trademark infringer’s profits it earned in Texas.

  • April 18, 2024

    Judge Won’t Rethink Dismissal Ruling In GitHub AI Copyright Suit

    OAKLAND, Calif. — Five Doe defendants who claim that they did not receive proper attribution for use of their licensed materials on GitHub Inc.’s online collaboration platform failed in their quest for reconsideration of dismissal of their claims under the Digital Millennium Copyright Act (DMCA) when a California federal judge ruled that they did not “show reasonable diligence in bringing the motion” and did not establish any of the prerequisites for justifying reconsideration.

  • April 18, 2024

    ‘Top Gun’ Movie Sequel Did Not Infringe Copyrights; Experts On Similarities Barred

    LOS ANGELES — A California federal judge granted Paramount Pictures’ motion for summary judgment after finding that the “Top Gun:  Maverick” film did not infringe on any copyrights held by the author of a 1983 magazine article on the experiences of F-14 pilots and radio intercept officers training at the Navy’s Fighter Weapons School, known as Top Gun, and that certain expert witnesses are inadmissible.

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