Mealey's Intellectual Property

  • April 08, 2021

    Apple Appeal Of Patent Board Holdings Tossed For Lack Of Standing

    WASHINGTON, D.C. — Efforts by Apple Inc. to challenge final written decisions by the Patent Trial and Appeal Board confirming the patentability of various claims of two Qualcomm Inc. patents were dismissed April 7 by the Federal Circuit U.S. Court of Appeals.

  • April 07, 2021

    Dispute Over Patented DNA, MRNA Technology To Proceed In Delaware

    WILMINGTON, Del. — In a series of orders issued April 6, a federal judge in Delaware ruled against an infringement plaintiff in a dispute over patents covering DNA sequencing and mRNA processing technology, while also refusing to declare the patents invalid.

  • April 07, 2021

    Federal Circuit Upholds Patent Judgments In Favor Of Vizio, Sharp

    WASHINGTON, D.C. — In an April 6 ruling, the Federal Circuit U.S. Court of Appeals found no error in the determination by a federal judge in Delaware that two Wi-LAN Inc. patents directed to “smart” televisions are not infringed.

  • April 07, 2021

    Declaratory Counterclaims Won’t Be Dismissed In Copyright, Trademark Row

    NEW YORK — A request by two defendants for a declaration that they did not infringe the “Slap Chop” trademark or copyrighted product packaging with the sale of various food preparation products will proceed, a New York federal judge ruled April 5.

  • April 06, 2021

    Hewlett Packard Seeks Inter Partes Review Of Quality Of Service Patent

    ALEXANDRIA, Va. — In an April 5 petition filed with the Patent Trial and Appeal Board, Hewlett Packard Enterprise Co. (HP) said a patent directed to the “the efficient, secure and correct provision” of quality of service (QOS) in integrated voice and data networks would have been obvious to a person of skill in the art.

  • April 06, 2021

    2nd Circuit Affirms That Museum Display Of Photograph Was Fair Use

    NEW YORK — Display by the Metropolitan Museum of Art of a photograph of the late guitarist Eddie Van Halen playing his “Frankenstein” guitar was not actionable copyright infringement because the museum’s display “transformed the Photo by foregrounding the instrument rather than the performer,” the Second Circuit U.S. Court of Appeals said April 2.

  • April 05, 2021

    High Court Sides With Google In Longstanding Java Copyright Case

    WASHINGTON, D.C. — In a 6-2 divided opinion, the U.S. Supreme Court on April 5 ruled that a decision by Google LLC to take “only what was needed” when copying code from the Java application programming interface (API) in order to “allow users to put their accrued talents to work in a new and transformative program” qualified as a fair use, rendering any infringement by the software giant nonactionable.

  • April 05, 2021

    Panel Upholds Patent Board Definition Of A Person Of Skill In The Art

    WASHINGTON, D.C. — In an April 1 holding, the Federal Circuit U.S. Court of Appeals left intact a determination by the Patent Trial and Appeal Board that a method for reducing the pressure gradient of fluids in oil and gas wells would have been anticipated or obvious to a person of skill in the art (POSA).

  • April 02, 2021

    Photographer, University Argue Whether Online Photo Use Constitutes A Taking

    AUSTIN, Texas— The Texas Supreme Court on Feb. 25 heard oral arguments between a photographer and the University of Houston System over whether the school’s purported act of copyright infringement via its use of a photograph on its website without payment or attribution violated the takings clauses of the Texas and U.S. constitutions.

  • April 02, 2021

    Government Seeks Argument Time In High Court Suit Over Patent Assignor Estoppel

    WASHINGTON, D.C. — Acting U.S. Solicitor General (SG) Elizabeth B. Prelogar on March 26 filed a motion in the U.S. Supreme Court on behalf of the United States, seeking leave for the U.S. government to participate as amicus curiae in upcoming April 21 argument in a patent dispute over the application of the assignor estoppel doctrine, representing that its “participation at oral argument would materially assist the Court in its consideration of this case.”

  • April 01, 2021

    Minnesota Federal Judge Puts Patent Prosecutions On Hold With Injunction

    MINNEAPOLIS — Three defendants were barred March 31 by a Minnesota federal judge from prosecuting or amending various patent applications currently pending before the U.S. Patent and Trademark Office (USPTO) in order to claim priority to a later-filed application.

  • April 01, 2021

    Illinois Federal Judge Won’t Preliminarily Enjoin Use Of ‘be.’ Trademark

    CHICAGO — An Illinois-based real estate brokerage firm was unsuccessful March 31 in persuading an Illinois federal judge to bar a California-based provider of direct-to-consumer mortgage lending services from using “be.” as a trademark while the parties litigate allegations of federal and common law unfair competition.

  • April 01, 2021

    Michigan Federal Judge Won’t Dismiss Copyright, Lanham Act Claims

    DETROIT — A defendant’s motion for dismissal of claims that it altered copyright management information (CMI) and replaced a trademark owner’s logo while servicing a competitor’s equipment was unsuccessful March 30, when a federal judge in Michigan denied the request.

  • April 01, 2021

    Katy Perry To 9th Circuit:  Christian Rapper Didn’t Prove Similarity, Access

    SAN FRANCISCO — Pop star Katy Perry and others connected with her hit song “Dark Horse” argue in a March 29 appellee brief that a Christian rap musician who alleged copyright infringement of one of his songs did not demonstrate any intentional copying of the song’s protectable elements, asking the Ninth Circuit U.S. Court of Appeals to affirm a trial court’s judgment in their favor.

  • March 31, 2021

    New York Federal Judge Awards Peloton Fees In Contract, Patent Row

    NEW YORK — In a March 30 ruling, a federal judge in New York agreed with Peloton Interactive Inc. that it is entitled to an award of attorney fees from its former bike designer, which failed to indemnify Peloton when it was accused of patent infringement.

  • March 31, 2021

    Patent Owner Urges Board To Deny Review Pursuant To Fintiv

    ALEXANDRIA, Va. — A petition for inter partes review (IPR) by Apple Inc. should be denied, in view of concurrent litigation pending in the U.S. District Court for the Western District of Texas, a patent owner told the Patent Trial and Appeal Board on March 29.

  • March 30, 2021

    System For Traffic Avoidance Is Patent-Ineligible, Appellees Say

    WASHINGTON, D.C. — Google LLC and Waze Inc. argue in a March 10 appellee brief that a federal judge in Delaware correctly determined that a patented real time vehicle guidance system claims ineligible subject matter.

  • March 30, 2021

    Panel Vacates $95.5M Disgorged Trademark Profits Award

    RICHMOND, Va. — In its latest ruling in a longstanding dispute over “The Backyard” trademark, the Fourth Circuit U.S. Court of Appeals on March 29 vacated a jury’s $95.5 million award, in a win for infringement defendant Walmart Stores Inc.

  • March 29, 2021

    ‘Prince Series’ By Andy Warhol Was Not A Fair Use, 2nd Circuit Says

    NEW YORK — A federal judge in New York erred in deeming 15 works by Andy Warhol based on an iconic, copyrighted photograph of the late musician Prince a fair use, the Second Circuit U.S. Court of Appeals ruled March 26; in the same decision, the panel went on to find that Warhol’s works — known as the “Prince Series” — are substantially similar to the photograph in question.

  • March 29, 2021

    Samsung Asks Board To Cancel 10 Claims Of Ericsson Patent

    ALEXANDRIA, Va. — In a March 26 petition for inter partes review (IPR), Samsung Electronics Co. Ltd. takes aim at a patented method and apparatus for facilitating uplink communications.

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