Mealey's Intellectual Property

  • June 24, 2022

    In Gray Goods Case, 9th Circuit Upholds Denial Of Attorney Fees

    SAN FRANCISCO — In an unpublished ruling issued June 22, the Ninth Circuit U.S. Court of Appeals left intact a California federal judge’s decision to award attorney fees to a prevailing trademark infringement defendant.

  • June 24, 2022

    Panel:  Judge Overseeing $2.75B Patent Case Should Have Recused

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 23 vacated a $2.75 billion award in a patent infringement case against Cisco Systems Inc., upon finding that a Virginia federal judge who presided at a 22-day bench trial should have recused himself in August 2020, after learning that his wife holds $4,687.99 in Cisco stock.

  • June 24, 2022

    3 Patents Erroneously Declared Obvious, Patent Owner Tells Panel

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 1 referred to the U.S. attorney general a patent owner’s constitutional challenge to the appointment of administrative patent judges (APJs), raised less than a week earlier in a May 27 appellant brief in a dispute over technology relating to an imaging device.

  • June 23, 2022

    Washington Federal Judge Won’t Stay Dispute Over ‘12’ Trademarks

    SEATTLE — A federal judge in Washington on June 21 denied a request by the Seattle Seahawks football franchise to stay a declaratory judgment action over a plaintiff’s right to register several trademarks involving the number “12” pending the outcome of opposition proceedings before the Trademark Trial and Appeal Board (TTAB).

  • June 23, 2022

    Design Patent Is Invalid As Functional, Federal Circuit Concludes

    WASHINGTON, D.C. — A California federal judge did not err in declaring a reusable, foldable shopping bag patent invalid or in ruling that even if the patent is valid, it is not infringed by a defendant, the Federal Circuit U.S. Court of Appeals said June 22.

  • June 23, 2022

    Patent Infringement Defendant’s Bid To Amend Judgment Fails In Texas

    MARSHALL, Texas — Efforts by NetScout Systems Inc. to amend a recent final judgment by altering the start date of a reduced royalty rate in order to align with an October 2020 mandate by the Federal Circuit U.S. Court of Appeals were denied June 22 by a federal judge in Texas.

  • June 23, 2022

    Petitioner:  Prior Art Leaves ‘No Doubt’ That Patent Is Obvious

    ALEXANDRIA, Va. — In a June 21 petition for inter partes review (IPR), a software company tells the Patent Trial and Appeal Board that it should cancel various claims of a patented technique for measuring the ability of an eye to adapt to dark lighting conditions.

  • June 22, 2022

    7th Circuit Agrees:  No Meaningful Difference In 2 Copyright Cases

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 21 found no error in an Illinois federal judge’s determination that a plaintiff’s second copyright infringement lawsuit against Home Box Office Inc. is identical to a previously dismissed state law copyright case against the network and is thus barred by the doctrine of claim preclusion.

  • June 22, 2022

    Federal Circuit Grants Rehearing, Declares Novartis Patent Invalid

    WASHINGTON, D.C. — In a June 21 holding, a divided Federal Circuit U.S. Court of Appeals said a Delaware federal judge’s finding that a “no-loading-dose” limitation in a patented multiple treatment has adequate written description was clearly erroneous.

  • June 22, 2022

    Halliburton Patent For Automating Oilfield Rigs Is Obvious, Petitioner Says

    ALEXANDRIA, Va. — In a June 21 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, U.S. Well Services LLLC takes aim at a patent touted as providing improvements over existing oilfield rig technology.

  • June 21, 2022

    Trademark Claims Over ‘BMF’ Fail, California Federal Judge Concludes

    LOS ANGELES — Curtis Jackson III, also known as 50 Cent, Starz Entertainment LLC and others associated with the television series “BMF: Black Mafia Family” won dismissal June 17 of allegations of infringement leveled in connection with the “BMF” trademark.

  • June 21, 2022

    Supreme Court Won’t Resolve Questions Over Claim Construction Duties

    WASHINGTON, D.C. — In its June 21 order list, the U.S. Supreme Court denied a petition for certiorari that urged the court to resolve confusion over the delegation of claim construction duties per Markman v. Westview Instruments, Inc. and the Seventh Amendment to the U.S. Constitution.

  • June 21, 2022

    Use Of Data, Voice Channels To Transmit Calls Is Obvious, Petitioner Says

    ALEXANDRIA, Va. — In a June 18 petition for inter partes review, a voice over Internet protocol (VoIP) company urges the Patent Trial and Appeal Board to cancel eight claims of a patented method for providing telephone service in view of two prior art references.

  • June 20, 2022

    Lanham Act Claims Against H&M Over Pride Slogan Will Proceed To Trial

    NEW YORK — A federal judge in New York on June 15 denied summary judgment on allegations that a popular clothing chain infringed the “Stay You” common-law trademark when branding certain items in a LGBTQI+ pride-related line “Stay True Stay You.”

  • June 20, 2022

    Plaintiff Can’t Dodge Inequitable Conduct Counterclaim In Patent Row

    MADISON, Wis. — Allegations of patent infringement leveled in connection with a docking sleeve for tablets will proceed with a counterclaim for inequitable conduct in place, a federal judge in Wisconsin ruled June 16.

  • June 20, 2022

    Patent Claims Against Samsung Transferred To California Federal Court

    WACO, Texas — A federal judge in Texas on June 17 said that a patent dispute over the “Samsung Gallery” photo application should proceed in a California federal court.

  • June 20, 2022

    Federal Circuit Vacates Board Ruling In Dispute Over Expired Patent

    WASHINGTON, D.C. — In a divided ruling issued June 17, the Federal Circuit U.S. Court of Appeals said that because a new request to vacate a decision on remand by the Patent Trial and Appeal Board by a patent owner is materially identical to one granted in 2021, it would again vacate, on grounds that the patent being challenged has expired.

  • June 17, 2022

    Judge Dismisses UCL Suit Claiming Apple Updates Harmed IPhone Battery Life

    SAN JOSE, Calif. — A California federal judge on June 14 granted Apple Inc.’s motion to dismiss a lawsuit contending it violated California’s unfair competition law (UCL) and other statutes by allegedly releasing software updates that intentionally harmed iPhone performance, finding that the plaintiffs failed to sufficiently plead their claims and relied in large part on “anonymous online postings.”

  • June 17, 2022

    After Jury Trial, Federal Judge Upholds Invalidity Verdict

    PITTSBURGH — A bid by The Sherwin-Williams Co. (SW) to undo a recent jury verdict of patent invalidity failed June 15, when a federal judge in Pennsylvania denied a request for judgment as a matter of law or a new trial.

  • June 17, 2022

    Prudential, Shenzhen Spar Over Cybersquatting Ruling In 4th Circuit Briefs

    RICHMOND, Va. — In a June 14 reply brief, a Chinese internet financial company tells the Fourth Circuit U.S. Court of Appeals that a trial court wrongly concluded that it acquired the pru.com domain in bad faith, by relying on circumstantial evidence and by not drawing inferences in its favor.