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

Mealey's Intellectual Property

August 26, 2025
Judge Finds No Violation Of Patent Injunction, Denies Contempt Motion

WILMINGTON, Del. — A federal judge in Delaware on Aug. 25 denied a plaintiff manufacturer’s motion to hold a defendant manufacturer in contempt of a permanent injunction barring the defendant from further infringement of a patent related to bamboo decking, finding that the defendant’s new versions of its products are “colorably different” from the infringing versions.
August 26, 2025
Lilly, Medical Centers Agree To Settle Diet Drugs Trademark Case In Federal Court

SEATTLE — Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a Food and Drug Administration-approved drug for diabetes and weight loss, told a Washington federal judge that they have reached an agreement to end a trademark case filed by Lilly.
August 26, 2025
More Discovery Briefing Ordered In Human Serum Albumin Infringement Fight

KANSAS CITY, Kan. — A federal magistrate in Kansas found that three related biopharmaceutical entities in a patent infringement dispute over the production of plant-derived recombinant human serum albumin (rHSA) must make supplemental responses to requests from another biopharmaceutical entity for certain discovery documents, holding that their objection to the motion to compel could not be squared with their claim to have supplied all responsive documents.
August 26, 2025
Federal Circuit Denies Mudflap Patent Owner’s Motion To Recall 2023 Mandate

WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals said Aug. 25 that it would not explain its denial of a pro se patent owner’s motion to recall a mandate issued after a panel affirmed a Michigan federal judge’s finding that the man was not entitled to injunctive relief in a patent dispute over mud flaps for vehicles; the patent owner told the Federal Circuit that the affirmation was based on fraud on the court by the plaintiff company in the form of obfuscating details about the company’s ownership.
August 26, 2025
Miss. Federal Judge: Experts On Damages From Alleged Copyright Infringement Out

JACKSON, Miss. — A Mississippi judge found that testimony from two experts retained by a local newspaper publisher is inadmissible under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc., granting separate motions filed by a digital news company accused of violating copyright laws.
August 20, 2025
COMMENTARY: A Survey Of State Laws Regulating Third-Party Litigation Funding

By Mark A. Behrens and Christopher E. Appel
August 25, 2025
Federal Circuit: No Error In ITC’s Infringement Finding In Robotics Patent Row

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Aug. 22 affirmed findings of the International Trade Commission (ITC), holding that it saw no error in the ITC’s construction of claims when considering allegations that a robotics company infringed patents by manufacturing and importing robotic products.
August 25, 2025
1st Circuit Affirms Latest Dismissal Of Artist’s Infringement Row With Fair

BOSTON — Considering a second appeal from a graphic artist who accused the company behind an annual fair of infringing her photorealistic Trappist monastery installation at the fair by sharing videos of it, a First Circuit U.S. Court of Appeals panel this time affirmed a Massachusetts federal judge’s decision to dismiss the complaint, agreeing that it was untimely filed.
August 22, 2025
Judge: News Outlet’s Copyright Suit Against AI Search Engine Proceeds

NEW YORK — A federal judge in New York found sufficient contacts between Perplexity AI Inc. and the state for jurisdiction, even if California would qualify as an equally viable jurisdiction, and declined to dismiss infringement claims involving 10 works that Dow Jones copyrighted after the filing of the suit.
August 22, 2025
Federal Circuit Affirms Contempt Denial For Tennis Association In Patent Dispute

WASHINGTON, D.C. — A New York federal judge was correct to refuse to hold the United States Tennis Association Inc. (USTA) in contempt of a temporary restraining order (TRO) in a patent dispute involving let detection systems used at the U.S. Open Tennis Championships, a panel in the Federal Circuit U.S. Court of Appeals held Aug. 21.
August 22, 2025
Judge: No Patent Infringement, Harm From False Claims In Chemical Row

BALTIMORE — A federal judge in Maryland found after a bench trial that plaintiff chemical makers failed to prove literal infringement on the part of W.R. Grace & Co.-Conn. because they did not show that each of Grace’s accused catalyst particles met the requirements of the asserted patent’s claims.
August 21, 2025
9th Circuit: Supertramp’s Royalty Agreement Not Terminable, Judgment Reversed

SAN FRANCISCO — A California federal judge erred in finding that a publishing agreement related to the music from the band Supertramp was terminable, the Ninth Circuit U.S. Court of Appeals held Aug. 20; the panel remanded for a judgment in favor of the plaintiff former band members who claimed that the band’s main songwriters suddenly stopped paying royalties in 2018.
August 21, 2025
Federal Judge Denies Injunction Pending Appeal In Fired Register Of Copyrights’ Case

WASHINGTON, D.C. — A federal judge in the District of Columbia on Aug. 20 denied a motion for an injunction pending appeal filed by the register of copyrights and director of the U.S. Copyright Office who sued after she was purportedly fired in May by President Donald J. Trump and was denied a preliminary injunction in her case; a similar motion remains pending before the District of Columbia Circuit U.S. Court of Appeals.
August 21, 2025
Judge Sees No Similarity Between Novels And Netflix Film, Tosses IP Claims

ORLANDO, Fla. — A federal judge in Florida dismissed with prejudice copyright, false advertising and related claims brought by a novelist against Netflix Inc. and related entities, finding that the novelist failed to show that the 2021 Netflix disaster comedy “Don’t Look Up” copied any protectible element of his books.
August 21, 2025
Federal Circuit: 1993 Amphibious Vehicle Sale Invalidates Patent Claims

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a Louisiana federal judge’s finding in an infringement dispute that all asserted claims of a patent describing an amphibious vehicle for dredging were unpatentable as anticipated.
August 20, 2025
Federal Circuit Affirms PTAB’s Invalidation Of Glucose Monitor Patent Claims

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Aug. 19 affirmed a decision from the U.S. Patent Trial and Appeal Board (PTAB) invalidating all challenged claims in a patent related to a glucose sensor for monitoring blood sugar levels, finding no error in PTAB’s prior art analysis.
August 20, 2025
No Fees For Publisher That Overcame Copyright Judgment Before 5th Circuit

AUSTIN, Texas — Adopting a federal magistrate judge’s report and recommendation, a Texas federal judge denied attorney fees to a publishing company that saw the Fifth Circuit U.S. Court of Appeals vacate a summary judgment of copyright infringement against it after a panel held that the Canadian civil codes it was accused of illegally copying were effectively uncopyrightable “law” in the country.
August 19, 2025
Federal Judge Again Finds Contempt In Long-Running Jarred Sauce Trademark Row

NEW YORK — A New York federal judge held the owners of a city pizzeria named Patsy’s Pizzeria and their counsel in contempt in a long-simmering trademark infringement dispute over packaged sauces launched in 1999 by another New York restaurant, Patsy’s Italian Restaurant, after they again violated an injunction by applying for “Patsy’s” marks.
August 19, 2025
Federal Judge: Tech Company Didn’t Support Trademark Claims Against Meta

SAN FRANCISCO — A California federal judge granted a motion for summary judgment from Meta Platforms Inc., finding that plaintiff Metabyte Inc. failed to provide evidence of confusion in support of its trademark infringement claims it brought against the social media company after it changed its name from Facebook Inc.
August 18, 2025
9th Circuit Affirms Quashing Of Subpoena For ISP Customers In Piracy Row

SAN FRANCISCO — On a matter of first impression, Ninth Circuit U.S. Court of Appeals panel held Aug. 15 that an internet service provider (ISP) acting only as a “conduit” for the infringement of copyrighted materials cannot be forced by a clerk-issued subpoena to provide the identities of subscribers who used torrenting software under a section of the Digital Millennium Copyright Act (DMCA).
August 18, 2025
PTAB Right To Invalidate Data Download Patent, Federal Circuit Holds

WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals affirmed a finding by the U.S. Patent Trial and Appeal Board (PTAB) invalidating all claims of a patent related to data downloads in an inter partes review (IPR) sought by Apple Inc., agreeing with arguments made by the U.S. Patent and Trademark Office (PTO) as an intervenor after Apple withdrew from the appeal.
August 18, 2025
Class Responds To Anthropic, Amici’s Attempt At Immediate Appeal

SAN FRANCISCO — A class of copyright holders told the Ninth Circuit U.S. Court of Appeals in opposition to artificial intelligence company Anthropic PBC’s petition for an immediate appeal of a class certification ruling that summary judgment in the case left only allegations that Anthropic PBC pirated and retained works en masse and that any claim that a verdict would be a death knell for the company is undercut by an agreement to cap the appellate bond at $5 billion.
August 15, 2025
Getty Images Dismisses AI Copyright Suit With Intent To Refile In California

WILMINGTON, Del. — Getty Images (US) Inc. on Aug. 14 notified a federal judge in Delaware that it was seeking voluntary dismissal of its artificial intelligence copyright suit without prejudice so that it may refile the action in a California federal court where Stability AI Ltd. argued the case properly belonged.
August 15, 2025
Federal Circuit Revives Haptic Patent Suit Against Apple After Judgment

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel vacated a California federal judge’s grant of summary judgment in Apple Inc.’s favor on infringement allegations regarding patents for haptic feedback on devices, finding that the judge abused his discretion by striking the patent owner’s expert testimony and erred by importing narrowing claim limitations not supported by the evidence.
August 15, 2025
2nd Circuit Affirms Co-Ownership Of ‘Zioness’ Mark, Vacates Fee Denial

NEW YORK — A panel in the Second Circuit U.S. Court of Appeals affirmed a federal jury’s finding that two pro-Zionist advocacy groups were the co-owners of the trademark “Zioness,” holding that sufficient evidence supported a finding that there was overlap of use of the mark before its registration.