Mealey's Intellectual Property

  • February 26, 2021

    Surgical Supplies Firm To High Court: PTAB Judges Are Principal Officers

    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.

  • February 26, 2021

    Surgical Firm Seeks End Of Assignor Estoppel Doctrine In Patent Litigation

    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.

  • February 26, 2021

    Targeted Advertising Patent Challenged By Twitter, Google

    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.

  • February 25, 2021

    Panel Upholds Dismissal Of Oppositions To Trademark Applications

    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.

  • February 25, 2021

    Pennsylvania Federal Judge: Trademark Claims Against Nike Not Untimely

    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.

  • February 25, 2021

    Copyright Claims Against Stephen King Properly Dismissed, Panel Says

    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.

  • February 24, 2021

    Maker Of IFit Program Denied Relief In Patent Dispute With Peloton

    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.

  • February 24, 2021

    Biogen: Reversal Of Collateral Estoppel Ruling Controls New Appeal

    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.

  • February 23, 2021

    Appellant: Board Erred In Confirming Sleep Number Patent Valid

    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.

  • February 23, 2021

    HTC:  Anti-Piracy, BIOS Memory Storage Patent Would Be 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.

  • February 23, 2021

    Citing Fintiv, Board Denies Petition For Inter Partes Review

    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.

  • February 22, 2021

    Patent Claims Covering Fracturing Process Rightly Rejected, Panel Says

    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.

  • February 19, 2021

    2nd Circuit Says Color Scheme Trade Dress Is Functional

    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.

  • February 19, 2021

    Patented Myopia Treatment Is Obvious, Petitioner Tells Board

    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).

  • February 19, 2021

    Mandamus Denied By Panel; Patent Case To Proceed In California

    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.

  • February 19, 2021

    Crocs Footwear Patent Properly Confirmed Valid By Board, Panel Says

    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.

  • February 19, 2021

    Panel Directs Board To Reconsider Skin Cancer Patent Holding

    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.

  • February 18, 2021

    Panel Clarifies Standard Of Review For Unclean Hands Trademark Defense

    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.

  • February 18, 2021

    Indian Incense Company Asks 9th Circuit To Rehear Bid To Compel Arbitration

    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.

  • February 17, 2021

    Federal Circuit: Patent Board Erred In Refusing To Substitute Challenger

    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.