Mealey's Intellectual Property

  • July 30, 2021

    2nd Circuit Affirms Monetary Sanctions Against Copyright Attorney

    NEW YORK — Weeks after upholding, via unpublished summary order, nonmonetary sanctions issued against an attorney who brought baseless copyright infringement claims, the Second Circuit U.S. Court of Appeals on July 23 upheld a nearly $100,000 sanction against the same attorney and his firm.

  • July 29, 2021

    News Firm Tells 2nd Circuit Reposting Of Photograph Was Noninfringing Fair Use

    NEW YORK — An online news organization defends its republication of a copyrighted photograph as fair use, asking the Second Circuit U.S. Court of Appeals in a June 16 appellee brief to affirm a trial court’s ruling that dismissed a photographer’s copyright infringement claim against it.

  • July 29, 2021

    Google Persuades Federal Judge Tracking Technology Is Ineligible For Patenting

    NEW YORK — In a July 28 order, a federal judge in New York granted Google LLC’s motion to dismiss allegations that the Google Maps platform infringes four patents relating to location history and tracking.

  • July 29, 2021

    Prior Settlement Doesn’t Bar New Trademark Row, Federal Judge Rules

    PHILADELPHIA — A dispute between sellers and distributors of cleaning products over the “Rush Original” trademark and related trade dress does not implicate a prior settlement governing trademark infringement, a federal judge in Pennsylvania ruled July 27.

  • July 29, 2021

    Target Hits Back At Patent Owner In Brief Before Federal Circuit

    WASHINGTON, D.C. — In a July 21 appellee brief, Target Corp. defended a Texas federal judge’s determination that patented location-based trigger technology is invalid as indefinite.

  • July 29, 2021

    Federal Judge Says Pennsylvania Law Applies In Trademark Dispute Involving Nike

    PHILADELPHIA — A Pennsylvania federal judge on July 27 conducted a choice of law analysis in an infringement case against Nike Inc., ultimately concluding that Pennsylvania law applies in the dispute over the “Cool Compression” trademark.

  • July 28, 2021

    Panel Agrees: Patent Board Violated Qualcomm Procedural Rights

    WASHINGTON, D.C. — In a July 27 ruling, the Federal Circuit U.S. Court of Appeals said the Patent Trial and Appeal Board failed to provide Qualcomm Inc. notice or an adequate opportunity to respond to the board’s construction of a limitation in a patent relating to power tracking supply voltage.

  • July 28, 2021

    Judge Issues TRO To Freeze Sales Of Counterfeit Transceivers From Wuhan

    SAN FRANCISCO — A California federal judge on July 23 issued a temporary restraining order and preliminary injunction to block a manufacturer in Wuhan, China, which is facing claims of violating federal trademark law and California’s unfair competition law (UCL), from continuing to distribute counterfeit transceivers falsely labeled as manufactured by a U.S. company.

  • July 28, 2021

    Teeth-Scanning Patent Should Be Canceled, Petitioner Tells Board

    ALEXANDRIA, Va. — A dental 3D scanner company accused of infringing a patented method and system for scanning teeth prior to a dental procedure responded to the accusation by petitioning the Patent Trial and Appeal Board for inter partes review on July 26.

  • July 27, 2021

    Declaratory Judgment Trademark Action Over Use Of Magenta Tossed

    SAN FRANCISCO — A request for a declaration of noninfringement of Deutsche Telekom AG’s trademarked use of magenta in the field of telecommunications was dismissed July 26 by a federal judge in California.

  • July 27, 2021

    Record Labels Ask 4th Circuit To Affirm $1 Billion Copyright Award Against ISP

    RICHMOND, Va. — A jury correctly found an internet service provider (ISP) contributorily and vicariously liable for its subscribers’ online infringement of copyrighted songs due to its failure to prevent the infringement, a group of record labels tells the Fourth Circuit U.S. Court of Appeals in a July 23 appellee brief, asking the court to uphold the jury’s $1 billion award to them.

  • July 27, 2021

    California Federal Judge: Royalties Unavailable In Dispute Over ‘Fresh Start’

    LOS ANGELES — Allegations Nutrisystem Inc. infringed the “Fresh Start” trademark will proceed, but without a request for royalties, disgorged profits or compensatory profits, a federal judge in California ruled July 23, partly granting summary judgment.

  • July 27, 2021

    Website Operator To 8th Circuit: No Jurisdiction From Single, Orchestrated Sale

    ST. LOUIS — In a July 23 appellee brief, Zazzle Inc. asks the Eighth Circuit U.S. Court of Appeals to affirm a trial court’s ruling that a trademark owner failed to establish specific personal jurisdiction in Missouri over it from the online sale of a single purportedly infringing item, arguing that there was no showing of purposeful availment or targeting the state.

  • July 27, 2021

    N.Y. Federal Judge Orders Jurisdictional Discovery In Trademark Row

    NEW YORK — In a July 22 opinion, a federal judge in New York said jurisdictional discovery is necessary before he can rule on a motion to dismiss allegations of infringement leveled in connection with the “Blockchange” trademark.

  • July 23, 2021

    Copyright Claim Survives Dismissal Request In Illinois Federal Court

    CHICAGO — Allegations that a record label and one of its artists fraudulently represented to the U.S. Copyright Office that they are the true owners of four musical recordings will proceed, a federal judge in Illinois ruled July 21.

  • July 23, 2021

    Federal Circuit Remands, Reverses In Dispute Over Proppant Container Patent

    WASHINGTON, D.C. — In declaring various claims of a patent directed to a container for proppant used during hydraulic fracturing obvious, the Patent Trial and Appeal Board relied on a new theory not previously raised by a petitioner for inter partes review (IPR), requiring reversal, the Federal Circuit U.S. Court of Appeals ruled July 23.

  • July 22, 2021

    Facebook Takes Aim At Content Management Patent In New Petition

    ALEXANDRIA, Va. — A patent asserted against Facebook Inc. in California federal court should be canceled as obvious, the social media giant tells the Patent Trial and Appeal Board in a July 20 petition.

  • July 22, 2021

    Indian Company Says 9th Circuit Contradicted High Court In 2nd Bid For Rehearing

    SAN FRANCISCO — An Indian incense company on July 21 again petitioned the Ninth Circuit U.S. Court of Appeals for panel rehearing or rehearing en banc after a split panel for the second time ruled that the company as nonsignatory to an arbitration agreement cannot rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company.

  • July 22, 2021

    Petitioner Tells Patent Board Automated Solar Panel Tech Is Obvious

    ALEXANDRIA, Va. — A claimed “watchdog system” that shuts down or modifies a solar panel system during breakdowns in communication between a central and local controller is unpatentable, a petitioner for inter partes review.

  • July 22, 2021

    Processor Sleep State Patent Singled Out For Inter Partes Review

    ALEXANDRIA, Va. — A patent reciting a reduction in static power consumption by a processor during a clock stoppage that nonetheless allows the processor to maintain its powered-on state would have been obvious to a person of skill in the art (POSITA), a petitioner for inter partes review (IPR) told the Patent Trial and Appeal Board on July 20.