Mealey's Intellectual Property
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August 28, 2024
Dispute Over FCA Public Disclosure Bar Distributed For Conference In Supreme Court
WASHINGTON, D.C. — The U.S. Supreme Court on Aug. 28 distributed for conference a petition for certiorari filed by pharmaceutical companies seeking review of the Ninth Circuit U.S. Court of Appeals’ ruling that the public disclosure bar was not triggered in a case where it reversed a district court’s dismissal of a suit accusing the companies of violating the False Claims Act (FCA) by artificially inflating drug prices.
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August 28, 2024
PTAB Panel Affirms Rejection Of Computer Tomography Scanner Application
WASHINGTON, D.C. — A patent examiner did not err in rejecting a patent application that disclosed a particularly configured computer tomography (CT) scanner because the examiner adequately showed that the claims can be produced by combining several components of prior art, a Patent Trial and Appeal Board held in affirming the examiner’s findings on Aug. 27.
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August 28, 2024
Federal Judge: Plaintiff Clothing Brand Unlikely To Prevail In Trademark Fight
CLEVELAND — A federal judge in Ohio granted a defendant clothing designer’s motion for a preliminary injunction in a trademark dispute over a reference to a 2000s comedy film, enjoining a plaintiff clothier from further attempts at contacting social media companies to take down the defendant company’s accounts without the court’s approval; the judge said the defendant company substantiated the likelihood that it would succeed in showing that there was no infringement.
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August 27, 2024
Texas Federal Judge Grants And Denies Motions To Dismiss In Data Patent Dispute
WACO, Texas — In two separate orders filed Aug. 26, a Texas federal judge denied a motion to dismiss a counterclaim for patent invalidity and granted in part a motion to dismiss allegations of willful infringement in a patent infringement case concerning methods, systems and computer program products for processing data.
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August 27, 2024
PTAB Panel Affirms Patent Examiner’s Rejection Of Chewing Gum Patents
WASHINGTON, D.C. — A patent examiner did not err in rejecting an application for patent claims describing a process for reducing the stickiness of a chewing gum core composition because the claims were obvious in light of prior art, a Patent Trial and Appeal Board (PTAB) panel found in affirming the examiner’s findings.
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August 27, 2024
Majority Affirms Judgment For Insured In Copyright Infringement Coverage Suit
CINCINNATI — A majority of the Sixth Circuit U.S. Court of Appeals affirmed a lower federal court’s $36,923,844.50 judgment in favor of an insured in a coverage dispute over underlying copyright infringement claims brought by record companies, rejecting the insurer’s argument that certain exclusions in the Internet and network security insurance policy barred coverage.
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August 27, 2024
Federal Circuit: Trial Court Wrongly Analyzed Attorney Fees Motion In Patent Row
WASHINGTON, D.C. — A federal district court erred in analyzing whether several telecommunications companies that prevailed against patent infringement claims were entitled to attorney fees because it erroneously gave weight to several “red flags” that supposedly made the case exceptional, a Federal Circuit U.S. Court of Appeals panel held in vacating the trial court’s order granting the companies’ motion for attorney fees.
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August 26, 2024
3rd Circuit: No Fees Due In Trade Dress Dispute Over Whiteboards
PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on Aug. 23 upheld a Pennsylvania federal judge’s denial of attorney fees to the defendant company in a trade dress dispute between two school material manufacturers, agreeing that the case did not reach the level of exceptionality required by the Lanham Act for attorney fees to be recoverable.
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August 26, 2024
Federal Judge: Rap Group Owed Royalties In Contract, Copyright Dispute Over Song
NEW YORK — A music publisher must pay royalties to a hip-hop group that created a 1986 hit single despite the label’s concern that the song infringed the theme song of the long-running television show “Dragnet,” a federal judge in New York ruled, granting a motion for summary judgment from the musical group and denying a motion for summary judgment from the label.
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August 26, 2024
Federal Judge: Artist’s Trademark, Copyright Claims Against Amazon Largely Survive
RIVERSIDE, Calif. — A federal judge in California partly denied a motion from Amazon.com Inc. to dismiss a complaint brought against it by an artist, holding that the artist adequately established that the defendant infringed upon his trademarks by selling counterfeited works, but noted that the artist conceded that he failed to establish other elements of his claims.
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August 23, 2024
In Exercise Device Patent Row, Federal Circuit Affirms Claim Construction Decision
WASHINGTON, D.C. — A federal trial court correctly found that a claim within a patent for a personal athletic performance monitor device was indefinite for lack of corresponding structure because the patent’s specification failed to disclose an algorithm for computing athletic performance feedback data, a Federal Circuit U.S. Court of Appeals panel found in affirming the lower court’s judgment in part.
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August 23, 2024
Magistrate Judge: Office Depot Owed Some Fees In Copyright, Contract Dispute
WEST PALM BEACH, Fla. — A federal magistrate judge in Florida said that Office Depot Inc. should recover just under $1 million in attorney fees from a software development company that accused the retailer of copyright misappropriation through its use of a database created by the developer after a federal judge previously held that a licensing agreement between the two companies allowed Office Depot’s use of the database.
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August 23, 2024
Federal Judge: No Preliminary Injunction In Trademark Row Between Film Fests
NEW YORK — A federal judge in New York denied the second motion for preliminary injunction in a trademark dispute brought by the owner of a South Asian film festival in New York against the owner of another South Asian film festival in both Texas and New York, holding that the plaintiff owner failed to adequately establish a substantial likelihood that he would prevail on his claims.
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August 22, 2024
Record Labels, ISP Both Complain Of 4th Circuit’s Copyright Holding To High Court
WASHINGTON, D.C. — In dueling petitions for a writ of certiorari in the U.S. Supreme Court, a group of record labels and music publishers say the Fourth Circuit U.S. Court of Appeals wrongly vacated a $1 billion award for vicarious copyright infringement by an internet service provider (ISP), while the ISP argues the Fourth Circuit erred in finding it is liable for contributory infringement.
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August 22, 2024
In High Court, PTO Director Says Patent Term Adjustment Does Not Affect Validity
WASHINGTON, D.C. — In her Aug. 21 brief in response to a petition for writ of certiorari filed by a tech firm in the U.S. Supreme Court, the director of the U.S. Patent and Trademark Office (PTO) argues that a patent that had its expiration date extended under patent term adjustment (PTA) due to application delays caused by the PTO is still susceptible to findings of obviousness and invalidity.
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August 22, 2024
Mobile User Interface Patent Claim Is Not Indefinite, Federal Circuit Holds
WASHINGTON, D.C. — A federal trial court erred in finding that the representative claim of a mobile user interface patent was indefinite because the language of the claim and its prosecution history show that the claim can be properly constructed in a way that fits the patent, a Federal Circuit U.S. Court of Appeals panel found in reversing and remanding the trial court’s judgment.
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August 22, 2024
Illinois Federal Judge Declines To Vacate $525M Jury Award In Tech Patent Dispute
CHICAGO — A jury’s award of $525 million for patent infringement claims involving information storage and retrieval patents was supported by sufficient evidence and should not be vacated, an Illinois federal judge found in denying Amazon’s motion for judgment as a matter of law (JMOL) and its motion for a new trial.
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August 22, 2024
Enactment Of AIA Did Not Change The On-Sale Bar, Federal Circuit Holds
WASHINGTON, D.C. — Congress did not intend to change the long-established interpretation of the on-sale bar by enacting the Leahy-Smith America Invents Act (AIA) because textual changes brought on with the enactment of the AIA text did not materially affect the provision, a Federal Circuit U.S. Court of Appeals panel found in affirming a decision from the U.S. International Trade Commission concerning artificial sweetener patents.
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August 21, 2024
Federal Judge Holds Most Counterclaims Survive In Trademark Infringement Suit
MIAMI — A Florida federal judge on Aug. 20 allowed to stand most counterclaims brought by a defendant company in against a plaintiff company that accused it of trademark infringement through allegedly unauthorized sales of computers through Amazon; the judge dismissed a false advertising counterclaim, finding that the defendant company failed to show how take-down requests made to Amazon amounted to false advertising statements made to customers.
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August 21, 2024
Anthropic Faces 1st AI Copyright Suit From Authors
SAN FRANCISCO — Three authors filed a class action against Anthropic PBC in a California federal court claiming that the company’s business model consists of “largescale theft” of “hundreds of thousands of copyrighted books” so that it can train its artificial intelligence.
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August 20, 2024
7th Circuit: Extortionist Failed To Show Ownership Over Celebrity Photos
CHICAGO — A panel of the Seventh Circuit U.S. Court of Appeals affirmed an Illinois federal judge’s dismissal of a copyright claim brought by a former actor and convicted extortionist against multiple news outlets, agreeing that the man failed to show that he had copyright ownership of photographs of him appearing with multiple celebrities published by the outlets after his arrest.
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August 20, 2024
2nd Circuit: No Exception To Copyright Act Limitations Statute’s Discovery Rule
NEW YORK — A Second Circuit U.S. Court of Appeals panel vacated a New York federal judge’s finding that a photography studio’s copyright claims were time-barred, saying the judge incorrectly held that an exception to the “discovery rule” precludes “sophisticated plaintiffs” from bringing a copyright claim three years after the discovery of the alleged infringement.
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August 20, 2024
Federal Circuit Dismisses Hydrogenated Silicon Patent Appeal For Lack Of Standing
WASHINGTON, D.C. — There is no live case or controversy regarding hydrogenated silicon patent infringement claims because the patent owner dismissed its claims with prejudice, a Federal Circuit U.S. Court of Appeals panel found in dismissing an appeal of a final written inter partes review decision issued by the Patent Trial and Appeal Board.
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August 20, 2024
Nike’s Shoe Patent Claims Against New Balance Will Continue In Mass. Federal Court
BOSTON — New Balance failed to show that Nike’s factual allegations contradicted New Balance’s interpretation of three shoe patents it allegedly infringed by manufacturing and selling its own shoes, a Massachusetts federal judge found in denying New Balance’s partial motion to dismiss.
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August 19, 2024
11th Circuit Rejects Artist’s Copyright Claims For Banana Piece
ATLANTA — A panel of the 11th Circuit U.S. Court of Appeals on Aug. 16 affirmed a Florida federal judge’s grant of summary judgment in favor of an artist who saw online virality after duct taping a banana to a wall at a Miami art fair, agreeing with the judge that another artist failed to show how the work infringed on his own art piece also involving a banana duct taped to a wall from nearly two decades earlier.