WASHINGTON, D.C. — With March 1 oral arguments fast approaching, a surgical supplies manufacturer tells the U.S. Supreme Court in its Feb. 19 reply brief that the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO) qualify as principal officers under the appointments clause of the U.S. Constitution and, as such, the rulings in three underlying patent infringement cases should be vacated and remanded to be heard by properly appointed judges.
WASHINGTON, D.C. — A surgical device company asks the U.S. Supreme Court to eliminate the doctrine of assignor estoppel in its Feb. 22 petitioner merits brief, calling it an “uncommonly lawless doctrine” that has no support in the Patent Act or controlling case law.
ALEXANDRIA, Va. — In a Feb. 24 petition for inter partes review (IPR), Twitter Inc. and Google LLC maintain that the Patent Trial and Appeal Board should cancel 19 claims of a patented method for targeting Internet users with advertisements targeted to computer usage.
WASHINGTON, D.C. — In a Feb. 23 holding, the Federal Circuit U.S. Court of Appeals found no error in a rejection by the Trademark Trial and Appeal Board of allegations that proposed “Liberty Bankers Life Insurance Company” and “Liberty Bankers Life The Capitol Life” trademarks would cause confusion with an existing “Bankers Life” trademark.
PHILADELPHIA — A trademark owner prevailed, in part, on summary judgment Feb. 24 when a federal judge in Pennsylvania agreed that assertions by infringement defendant Nike Inc. that the claim is time barred will not be presented at an upcoming trial.
ATLANTA — In a Feb. 23 ruling, the 11th Circuit U.S. Court of Appeals said a federal judge in Florida did not err in rejecting allegations of copyright infringement levied in connection with “The Dark Tower” book series by Stephen King, later adapted into a motion picture.
WILMINGTON, Del. — A federal judge in Delaware on Feb. 23 rejected a request by ICON Health & Fitness Inc. for a preliminary injunction barring Peloton from selling its new “Bike+” stationary bicycle.
WASHINGTON, D.C. — The maker of the multiple sclerosis (MS) drug Tecfidera in a Feb. 22 appellant brief argues that before deciding whether a federal judge in Delaware erred when ruling that a West Virginia federal judge’s finding of patent invalidity collaterally estops the patent owner from asserting its patent elsewhere, the Federal Circuit U.S. Court of Appeals should first determine whether the collateral estoppel ruling was proper.
WASHINGTON, D.C. — In a Feb. 18 appellant brief, a manufacturer of sleep surfaces tells the Federal Circuit U.S. Court of Appeals that it should reverse and remand to the Patent Trial and Appeal Board its determination that a patented assembly used to control the pressure in an inflatable mattress and method to inflate the mattress are not obvious.
WASHINGTON, D.C. — In a Feb. 19 petition for inter partes review (IPR), HTC Corp. asserts a claimed method for restricting the unauthorized operation of software by storing a license in the basic input/output system (BIOS) memory of a computer would be obvious to a person of skill in the art.
ALEXANDRIA, Va. — In a Feb. 19 holding, the Patent Trial and Appeal Board turned away a request for inter partes review (IPR) in a dispute over a gaming patent, in view of pending litigation over the same patent in Texas federal court.
WASHINGTON, D.C. — In a Feb. 19 opinion, the Federal Circuit U.S. Court of Appeals found no error in the Patent Trial and Appeal Board’s affirmance of an examiner’s finding that four claims of a patented process for fracturing the rod that connects the crankshaft to the piston in an internal combustion engine would have been obvious to a person of skill in the art.
NEW YORK — In a Feb. 18 holding, the Second Circuit U.S. Court of Appeals reversed and remanded a New York federal judge’s grant of summary judgment on behalf of a trade dress owner in a dispute over mixing tips for use in dental procedures.
ALEXANDRIA, Va. — In a Feb. 17 petition for inter partes review (IPR), a pharmaceutical company maintains that the Patent Trial and Appeal Board should cancel 19 claims of a patented myopia treatment featuring increased pH stability via substitution of deuterium oxide (D2O) for regular water (H2O).
WASHINGTON, D.C. — In a Feb. 19 order, the Federal Circuit U.S. Court of Appeals turned away a patent owner’s assertion that under the first-to-file rule, it was entitled to dismissal of California federal declaratory judgment actions filed by Apple Inc., AT&T Corp. and Verizon Wireless.
WASHINGTON, D.C. — One week after granting an appellant’s motion to substitute itself in a challenge to a Patent Trial and Appeal Board decision that confirmed a Crocs Inc. footwear patent as not anticipated, the Federal Circuit U.S. Court of Appeals on Feb. 18 affirmed the board’s patentability determination on the merits.
WASHINGTON, D.C. — In a Feb. 18 ruling, the Federal Circuit U.S. Court of Appeals said the Patent Trial and Appeal Board erred in confirming as patentable two independent claims of a patented skin cancer detection, diagnosis and treatment device.
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 16 issued a precedential opinion in which it said the correct standard of review on a grant of summary judgment on an unclean hands defense to trademark infringement claims is for abuse of discretion; that same day, the panel issued a memorandum disposition that such a grant of summary judgment in a dispute over the “METAL” mark was improper.
SAN FRANCISCO — An Indian incense company in a Feb. 3 petition for panel rehearing or rehearing en banc argues that a split Ninth Circuit U.S. Court of Appeals panel’s ruling that the company as nonsignatory to an arbitration agreement can’t rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company contradicts U.S. Supreme Court and Ninth Circuit precedent.
WASHINGTON, D.C. — In a dispute over a patent covering the ornamental design of footwear, the Federal Circuit U.S. Court of Appeals on Feb. 11 found that transfer of all assets in a bankruptcy proceeding includes the rights in a pending inter partes reexamination (IPR) by the Patent Trial and Appeal Board.