Mealey's Intellectual Property

  • June 21, 2024

    German Companies Claim Microsoft Infringed Patents Through Its AI Infrastructure

    MARSHALL, Texas — Microsoft Corp. infringed three patents by using certain computing systems that allow for artificial intelligence (AI) computer programs to run more efficiently, two German companies allege in a complaint filed in Texas federal court.

  • June 19, 2024

    Federal Circuit: Injunction Over Trade Secrets Was Not Given Proper Analysis

    WASHINGTON, D.C. — A federal trial court abused its discretion in granting a preliminary injunction to a company that alleges that one of its competitors used trade secrets in developing an insulin patch because the trial court did not properly consider relevant factors such as the applicable statute of limitations and the proper definition of a trade secret, a Federal Circuit U.S. Court of Appeals found in reversing the trial court’s judgment.

  • June 19, 2024

    Microsoft Joins OpenAI’s Call For Consolidation Of Media AI Suits

    NEW YORK — Microsoft Corp. joined in various OpenAI entities’ motion to consolidate a suit brought by eight news organizations challenging outputs from the ChatGPT artificial intelligence and its associated programs with a similar suit filed by The New York Times Co., saying in its joinder brief filed in a federal court in New York that doing so will combine suits that challenge similar technologies.

  • June 19, 2024

    Judge Rules ‘Florida Man’ Not Famous Enough For Dilution In Trademark Dispute

    WEST PALM BEACH, Fla. — A federal judge in Florida granted in part a Florida company and its principal’s motion to dismiss a complaint alleging that the company violated another company’s “FLORIDA MAN” trademark, finding that the mark is not “famous” under federal or Florida law.

  • June 19, 2024

    Federal Circuit: PTAB Used Wrong Construction In Dispute Over Control Devices

    WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) used an erroneous claim construction in rejecting an obviousness challenge filed by television manufacturer Roku Inc., which was sued for allegedly infringing upon a patent for enhanced appliance control methods, the Federal Circuit U.S. Court of Appeals found June 18 in vacating PTAB’s final written decision (FWD).

  • June 18, 2024

    Judgment Requiring Inhaler Patents To Be Delisted Stayed For 30 Days

    TRENTON, N.J. — While stopping short of granting a request to stay his recent order that a drugmaker must delist five patents from the U.S. Food and Drug Administration’s “Orange Book” pending resolution of an appeal, a federal judge in New Jersey has agreed to put the judgment on hold for 30 days.

  • June 18, 2024

    Federal Circuit Judge Stands By Nonobviousness Holding In Drug Dispute

    WILMINGTON, Del. — A Federal Circuit U.S. Court of Appeals judge, visiting in the U.S. District Court for the District of Delaware, said that a recent decision by a panel of his court that reversed and remanded findings that a patented schizophrenia drug is nonobvious won’t prompt him to revisit his own findings in a separate case that confirmed the same formulation as patentable.

  • June 18, 2024

    Counterclaims Tossed In California Patent Row Over Chipmaking Robots

    SAN FRANCISCO — An automation company accused of infringing five reissue patents for chipmaking robots saw its counterclaim for inequitable conduct dismissed, with a federal judge in California rejecting arguments that during patent prosecution an industry standard was purposely withheld from the examiner when the same standard is identified in the specification of the parent patent.

  • June 18, 2024

    Claims Over Hotel’s Use Of Minors’ Photo On Instagram, Website Dismissed

    LOS ANGELES — Citing issues of preemption and shotgun pleadings, a California federal judge dismissed claims of copyright infringement, unfair competition and misappropriation, among others, that were brought against a hotel for its online use of an Instagram picture of two minors that purportedly exceeded any consent granted by the copyright holder.

  • June 18, 2024

    Federal Circuit Denies 2 Petitions For Rehearing In Antibiotic Patent Case

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals denied two petitions for rehearing of its decision affirming a Delaware federal judge’s final judgment directing the U.S. Food and Drug Administration to delay approval of generic rifaximin until three patents covering the antibiotic Xifaxan expire.

  • June 17, 2024

    Patent Covering Above-Ground Pool Frame Joint Singled Out For Review

    ALEXANDRIA, Va. — In a June 15 request for post-grant review (PGR), a petitioner says that a patentee’s own above-ground-pool (AGP), sold since 2007, renders various claims of a recently-issued pool frame joint patent obvious, as well as that other claims of the same patent are cancellable as indefinite.

  • June 17, 2024

    4th Circuit: Lanham Act Does Not Preclude Judicial Review In Dispute Over Rum Mark

    RICHMOND, Va. — A panel of judges in the Fourth Circuit U.S. Court of Appeals found that the Lanham Act does not preclude judicial review under the Administrative Procedure Act (APA), remanding to a Virginia federal judge a rum manufacturer’s claim that the U.S. Patent & Trademark Office inappropriately allowed a rival brand to renew a trademark a decade after its expiration.

  • June 17, 2024

    Judge Affirms Jury Verdict, Award Against Creators Of Video Game Cheat

    SEATTLE — Affirming a jury’s finding that five defendants infringed copyrights in the popular Destiny 2 video game series by creating a cheat for it that they sold online, a Washington federal judge also entered a permanent injunction and a monetary judgment of $63,210 in favor of the video game developer, per the jury’s recommendation.

  • June 17, 2024

    Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal

    SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.

  • June 17, 2024

    Media Company May Update AI Suit With More Specificity, Federal Judge Says

    NEW YORK — The Intercept Media Inc. may amend its artificial intelligence copyright complaint to address “seeming lack of specificity” in the action, a federal judge in New York said, noting that he will consider existing briefing on a motion to dismiss as targeted to the amended filing and will rule quickly after the filing of supplemental briefing.

  • June 14, 2024

    New York City Can Intervene In Cannabis Cruise Copyright, Trademark Litigation

    NEW YORK — Citing the “undeniable interest” the city of New York has in a trademark and copyright infringement action involving the “NYC NEW YORK CANNABIS” logo, a federal judge in New York has granted the city’s motion to intervene.

  • June 13, 2024

    Magistrate Judge Denies Bid To Seal Financial Data In Patent, Trademark Row

    NEW YORK — A letter request to redact “the factual basis” for a request for damages by a patent and trademark infringement plaintiff against defaulting infringement defendants has been rejected by a federal magistrate judge in New York.

  • June 13, 2024

    In Win For PTO, High Court Declares ‘Names’ Clause Constitutional

    WASHINGTON, D.C. — The full U.S. Supreme Court on June 13 reversed a ruling by the Federal Circuit U.S. Court of Appeals that a provision of federal trademark law barring registrations that “falsely suggest a connection with persons, living or dead” violates free speech rights, but the justices, in several concurrences, offered vastly different reasons why.

  • June 13, 2024

    Amazon Did Not Infringe Upon Mermaid Sleeping Bag Patents, Magistrate Judge Says

    SEATTLE — Amazon did not infringe upon three design patents for a mermaid sleeping bag by selling 37 different mermaid-shaped blankets and sleeping bags because an ordinary observer would not believe that the products were the same, a Washington federal magistrate judge found in granting Amazon’s motion to dismiss patent infringement claims brought against it by the patent holder.

  • June 13, 2024

    Proctor & Gamble Tells 2nd Circuit Febreze Jingle Did Not Infringe Song

    NEW YORK — A five-note melodic hook that is part of a copyrighted song is not separately protectable, Proctor & Gamble Corp. (P&G) and others argue in an appellee brief, asking the Second Circuit U.S. Court of Appeals to affirm a trial court’s dismissal of a musician’s complaint in which he alleged that the Febreze advertising jingle infringed the hook.

  • June 12, 2024

    Board Enters Adverse Judgment Following Patent Owner Disclaimer

    ALEXANDRIA, Va. — The Patent Trial and Appeal Board on June 11 denied a request to discretionarily terminate an inter partes review (IPR) without addressing allegations that petitioner BMW of North America LLC failed to follow through on a promise to drop the proceedings, purportedly causing a patent owner to miss the deadline to file its response.

  • June 12, 2024

    1st Circuit: No Final Judgment With Registration Requirement Dismissal

    BOSTON — A graphic designer whose copyright infringement allegations against a former client were dismissed by a federal judge in Massachusetts saw the action reinstated by the First Circuit U.S. Court of Appeals, which ruled that a prior action between the parties was not claim preclusive.

  • June 12, 2024

    Netflix, Amici Tell 10th Circuit Use Of Clip In ‘Tiger King’ Was Fair

    DENVER — In a supplemental brief filed at the behest of a 10th Circuit U.S. Court of Appeals panel that granted its petition for rehearing, Netflix Inc. argues that a recent U.S. Supreme Court ruling supports a finding that its use of an unlicensed video clip in its wildly popular “Tiger King” docuseries constituted fair use under Section 107 of the Copyright Act.

  • June 12, 2024

    Panel Reinstates Trade Secret Liability Verdict, Affirms Denial Of Fees

    WASHINGTON, D.C. — Allegations of patent infringement voluntarily dismissed midtrial and copyright infringement on the eve of trial were not so devoid of merit as to justify an award of attorney fees in favor of a defendant medical equipment company, the Federal Circuit U.S. Court of Appeals affirmed June 11.

  • June 11, 2024

    Board: R.J. Reynolds’ Application For Cigarette Patent Properly Rejected

    ALEXANDRIA, Va. — Two prior art patents dating to the mid-1990s and assigned to R.J. Reynolds Tobacco Co. (RJR) have doomed the tobacco titan’s latest effort to patent a “smoking article,” with the Patent Trial and Appeal Board on June 10 upholding an examiner’s rejection of 20 claims on grounds of obviousness.