Mealey's Intellectual Property : Mealey's : Legal News & Analysis

Mealey's Intellectual Property

July 19, 2024
In Dispute Over Memory Chip Patents, Calif. Federal Judge Dismisses Counterclaims

SAN FRANCISCO — A manufacturer of flash memory chips failed to properly allege its counterclaims of direct and induced patent infringement against a rival chip maker because it failed to include sufficient factual allegations to support the claims, a California federal judge found in granting the rival’s motion to dismiss the counterclaims.
July 18, 2024
Inventor Fails To Persuade PTAB Panel That Liquid Cleaning Method Is Not Obvious

WASHINGTON, D.C. — A patent examiner did not err in finding that a method for cleaning comestible liquids using electricity was obvious in light of prior art because the inventor of the method failed to show that the prior art was not analogous, a Patent Trial and Appeal Board (PTAB) panel found in affirming the examiner’s findings on July 17.
July 18, 2024
Split 5th Circuit Panel Says Publisher Can Copy Legal Codes Copyrighted In Canada

NEW ORLEANS — A split panel of the Fifth Circuit U.S. Court of Appeals reversed a Texas federal judge’s grant of summary judgment against a publishing company accused by a Canadian developer of legal standards and codes of copying and republishing complete versions of the codes, saying that the codes are effectively “law” in Canada and that law is copyable.
July 18, 2024
District Court Has Authority To Investigate Party Misconduct In Patent Cases

WASHINGTON, D.C. — A federal trial court did not err in ordering a woman to appear at an in-person hearing and holding her in civil contempt after she failed to do so because the court has inherent authority to investigate litigation misconduct allegedly carried out by the woman, the companies she manages and her attorneys in numerous patent infringement cases, a Federal Circuit U.S. Court of Appeals panel found in affirming the trial court’s judgment.
July 17, 2024
Media’s AI Copyright Suit Supplemental Briefing Focuses On Prompts, Injury

NEW YORK — The Intercept Media Inc. called artificial intelligence ChatGPT a “serial plagiarist” built on thousands of copyrighted works of journalism while urging a federal judge in New York in supplemental briefing to reject arguments about any lack of injury and timeliness and deny a pair of motions to dismiss its copyright case.
July 17, 2024
9th Circuit Affirms Liability Finding In Cosmetics Counterfeiting Case

SAN FRANCSCIO — A Ninth Circuit U.S. Court of Appeals panel on July 16 affirmed a California federal judge’s finding that a man is personally liable for trademark counterfeiting in a case accusing him and a corporation he controlled of selling counterfeited beauty products, finding that there is no basis for the man’s argument that the products were being sold by a legal entity separate from him.
July 17, 2024
Federal Judge: Trademark Claims Over Social Media Giant’s Use Of ‘X’ Can Continue

ORLANDO, Fla. — A federal judge in Florida largely denied a motion to dismiss from the company formerly known as Twitter Inc., finding that a much smaller social media advertising company adequately supported its claims that the social media giant infringed on its “X SOCIALMEDIA” trademark when it rebranded to X Corp. after being purchased by Elon Musk.
July 17, 2024
Federal Circuit Affirms Summary Judgment Order In Medical Device Patent Row

WASHINGTON, D.C. — Summary judgment was appropriately granted in a patent infringement dispute over a medical device used for hemodialysis because the patent owner failed to present factual evidence from which a reasonable juror could have found that the product in question infringed upon the patent, a Federal Circuit U.S. Court of Appeals panel found July 16.
July 17, 2024
Magistrate Judge: Singer Does Not Support Copyright Claims In ‘Shotgun’ Suit

MIAMI — A federal magistrate judge in Florida recommended the dismissal of a copyright claim brought by a Venezuelan musician claiming that several music companies illegally uploaded his music to online music streaming platforms, finding both that the musician’s complaint is an impermissible shotgun pleading and that the musician failed to substantiate some of his claims.
July 16, 2024
PTAB Panel Reverses Examiner’s Rejection Of Robot Gripping Method

WASHINGTON, D.C. — A patent examiner erred in rejecting patent claims for a method of optimizing an automated process used to allow robots to grip objects from a conveyor belt because the references cited by the examiner failed to identify two specific elements of the method, a Patent Trial and Appeal Board panel found in reversing the examiner’s findings on July 15.
July 16, 2024
Magistrate Suggests $14K To Photographer For Paper’s Infringement Of Epstein Photo

ORLANDO, Fla. — A federal magistrate judge in Florida recommended that a Spanish-language newspaper be ordered to pay $14,478 to a professional photographer for its use of a photo of billionaire financier and convicted felon Jeffrey Epstein after the newspaper failed to respond to the photographer’s claims in federal court.
July 16, 2024
Judge: Therabody’s Trademark Infringement Claims All Survive Dismissal Motion

NEWARK, N.J. — A federal judge in New Jersey denied a motion to dismiss filed by a store sued for alleged trademark infringement by the maker of percussive massage devices, finding that the manufacturer’s complaint adequately alleges that the store sold the devices without the manufacturer’s permission and without first entering into a reselling agreement.
July 15, 2024
Judge: Songwriter Makes Showing Of Worldwide Ownership; Copyright Claims Survive

BATON ROUGE, La. — A federal judge in Louisiana on July 12 denied a music publication company’s motion to dismiss a copyright dispute over a 1960s hit song, finding that the song’s writer made an adequate showing that foreign use of the song is barred by the songwriters’ renewal of copyright interests.
July 15, 2024
11th Circuit Affirms Judgment Against Bar Owner In Boxing Match Copyright Fight

ATLANTA — On its second consideration of an appeal in the case, an 11th Circuit U.S. Court of Appeals panel affirmed an Alabama federal judge’s decision to deny a bar owner’s motion to vacate a judgment against him in a case brought by a sports streaming company that said he violated the company’s copyright by showing a boxing match at the bar without a license, holding that the bar owner waived his argument that he should have had a jury trial when he failed to make the argument in response to a magistrate judge’s report and recommendation.
July 15, 2024
Federal Circuit Affirms PTAB’s Obviousness Finding In Dispute Over Agricultural Patent

WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) did not err in finding that a patent for counteracting certain biological processes in plants was obvious because it adequately showed that all aspects of the patent were disclosed in prior art, a Federal Circuit U.S. Court of Appeals panel found July 12 in affirming the PTAB’s final written decision.
July 15, 2024
In Stem Cell Patent Dispute, More Facts Needed About Medical-Practitioner Immunity

FORT WORTH, Texas — The operator of two medical clinics where adipose-deprived stem cell therapies are performed is not entitled to medical-practitioner immunity from patent infringement claims at this stage because multiple questions of facts and law must be determined before such a determination can be made, a Texas federal judge found in denying the operator’s motion to dismiss.
July 15, 2024
Magistrate Judge: Brewery’s Trademark Suit Definite Enough To Survive Motion

FORT PIERCE, Fla. — A distillery has more than enough information to formulate a response to a brewery’s claims that the distillery infringed on the brewery’s trademarks related to the 21st Amendment, a federal magistrate judge in Florida said, recommending that the distillery’s motion for a more definite statement be denied.
July 12, 2024
DMCA Claims In GitHub AI License Dispute Dismissed For 3rd, Final Time

OAKLAND, Calif. — John Doe defendants suing GitHub Inc. and others for a purported lack of attribution of their shared materials in artificial intelligence (AI) products saw their claims under the Digital Millennium Copyright Act (DMCA) dismissed for a third time, this time with prejudice.
July 12, 2024
Developer Of Pokémon Go Gets Summary Judgment In Augmented-Reality Patent Case

SAN FRANCISCO — The developer of Pokémon Go and another augmented-reality (AR) video game is entitled to summary judgment on claims of patent infringement brought against it by the owner of an AR patent because the patent claims are not patent eligible, a California federal judge found in granting the developer’s motion for summary judgment.
July 12, 2024
Pesticide Manufacturer Fails To Get Restraining Order Or Injunction In Patent Case

PHILADELPHIA — A pesticide manufacturer is not entitled to a temporary restraining order or a preliminary injunction because it failed to show that it is likely to succeed on the patent infringement claims it brought against a competitor, a Pennsylvania federal judge found in denying the manufacturer’s request for injunctive relief.
July 11, 2024
3rd Circuit Reverses Attorney Fees Against Nike In ‘Cool Compression’ Mark Row

PHILADELPHIA — A panel of judges in the Third Circuit U.S. Court of Appeals on July 10 upheld findings that Nike Inc. willfully infringed upon a much smaller clothing brand’s “Cool Compression” trademark but held that a Pennsylvania federal judge assigned too much weight to the “David and Goliath” nature of the case when determining attorney fees.
July 11, 2024
Federal Judge: Publisher Fails To State Claim In Copyright Infringement Suit

FRESNO, Calif. — A California federal judge dismissed a copyright violation complaint brought by a publication company against an insurance company, finding that the publisher failed to establish whether the insurer had a license to the publisher’s workers’ compensation newsletter that would have allowed the insurer to distribute the newsletter to all employees of the insurer.
July 11, 2024
Patent Claims For Fibromyalgia Treatment Method Were Not Obvious, PTAB Panel Says

WASHINGTON, D.C. — A patent examiner erred in rejecting as obvious a patent application for a fibromyalgia treatment that uses an antihistamine because the examiner failed to show that the referenced prior arts taught that the disease is induced by histamine, a Patent Trial and Appeal Board (PATB) panel found in reversing the examiner’s rejection.
July 10, 2024
Maker Of Body-Contouring Devices Gets Default Judgment In Patent And Trademark Row

NEW YORK — The manufacturer of body-contouring machines is entitled to default judgment and damages on its claims of patent infringement, trademark infringement and unfair competition brought against a salon that advertises nearly identical machines because it properly alleged and substantiated its claims, a New York federal judge found in granting the manufacturer’s motion for default judgment.
July 10, 2024
Patent Examiner Failed To Show Prior Arts Taught Or Suggested Wind Energy System

WASHINGTON, D.C. — A patent examiner erred in rejected a patent application for a wind energy system that connects wind turbines to a cable network that transmits power generated by the wind turbines because the examiner failed to show how prior arts taught or suggested the specific system, a Patent Trial and Appeal Board panel found in reversing the examiner’s rejection.