WASHINGTON, D.C. — On Nov. 12, Viacom International Inc. and Penguin Random House LLC filed a notice in the U.S. Supreme Court indicating that they waived their right to respond to a petition for certiorari brought by the children’s book author who claims that her copyright infringement suit against the companies was dismissed because the Third Circuit U.S. Court of Appeals wrongly excluded scènes à faire when deciding whether an accused book was substantially similar to hers (Jennie Nicassio v. Viacom International Inc., et al., No. 19-560, U.S. Sup.).
NEW YORK — In a Nov. 25 ruling, the Second Circuit U.S. Court of Appeals found no error in a New York federal judge’s dismissal of copyright infringement allegations against Buffalo News Inc., publisher of “The Buffalo News” newspaper (Joel Joseph v. Buffalo News Inc., No. 18-2793, 2nd Cir., 2019 U.S. App. LEXIS 35105).
AKRON, Ohio — A federal judge in Ohio on Nov. 21 ruled that a company that develops self-inflating tire technology is required to supply a “closed” response to an interrogatory filed by defendants in a patent inventorship and trade secret misappropriation lawsuit describing in sufficient detail what trade secrets were alleged orally disclosed to the defendants in two 2009 meetings set up to discuss the parties’ potential partnership in the commercialization of the plaintiff’s technology (CODA Development s.r.o., et al. v. Goodyear Tire & Rubber Company, et al., No. 15-1572, N.D. Ohio, 2019 U.S. Dist. LEXIS 202114).
SAN FRANCISCO — In a Nov. 25 order, a federal judge in California rejected a defendant’s request for dismissal of allegations that it infringed the “Steeped Coffee” trademark (Steeped Inc. v. NuZee Inc., No. 19-3763, N.D. Calif., 2019 U.S. Dist. LEXIS 203545).
SAN FRANCISCO — Dismissal of state and federal trade secret law claims brought against Facebook and one of its affiliates and the trustees of Princeton University is warranted because a home design website developer has failed to sufficiently show that it took reasonable steps to protect secrecy of its data files, which were publicly available on the website, a federal judge in California ruled Nov. 21 (UAB “Planner 5D” v. Facebook Inc., et al., No. 19-3132, N.D. Calif., 2019 U.S. Dist. LEXIS 203618).
WASHINGTON, D.C. — In a Nov. 21 response to a petition for panel rehearing or rehearing en banc, patent owners defend as proper the Federal Circuit U.S. Court of Appeals’ Sept. 10, 2019, affirmance of a Maryland federal judge’s dismissal on collateral estoppel grounds of antitrust counterclaims raised in an infringement action (Intellectual Ventures I LLC, et al. v. Capital One Financial Corporation, et al., No. 18-1367, Fed. Cir.).
ALEXANDRIA, Va. — In a Nov. 25 response, a Korean company tells the Patent Trial and Appeal Board that it should confirm as patentable various challenged claims of a patent that discloses an “elegant solution to the problem of incorporating new functionalities, such as fingerprint authentication, into mobile devices while maintaining simplicity” (Apple Inc. v. Firstface Co. Ltd., No. IPR2019-00614, PTAB).
WASHINGTON, D.C. — A judgment by a Texas federal judge that Apple infringed four patents was partly reversed Nov. 22 by the Federal Circuit U.S. Court of Appeals, leading the court to vacate a jury’s $503 million reasonably royalty award on behalf of the patent owners (Apple Inc. v. VirnetX Inc., et al., No. 19-1050, Fed. Cir., 2019 U.S. App. LEXIS 34866).
WASHINGTON, D.C. — In a Nov. 22 holding, the Federal Circuit U.S. Court of Appeals agreed with a federal judge in Nevada that prosecution history estoppel bars the owner of a patented glucose-monitoring system from asserting infringement by a competitor (Pharma Tech Solutions Inc., et al. v. LifeScan Inc., No. 19-1163, Fed. Cir.).
ALEXANDRIA, Va. — In response to a recent order by the Patent Trial and Appeal Board authorizing a petitioner reply to a patent owner’s preliminary response, Intel Corp. on Nov. 22 maintains that its request for inter partes review (IPR) of an integrated circuit patent is not statutorily barred (Intel Corp. v. Tela Innovations Inc., No. IPR2019-01220, PTAB).
WASHINGTON, D.C. — A stipulated judgment of patent invalidity and noninfringement will stand, in view of a Nov. 21 affirmance by the Federal Circuit U.S. Court of Appeals of a Colorado federal judge’s construction of three claim terms in an optical beam patent (Fiber LLC v. Ciena Communications Inc., et al., No. 19-1005, Fed. Cir., 2019 U.S. App. LEXIS 34598).
WASHINGTON, D.C. — In a Nov. 20 unpublished ruling, the Third Circuit U.S. Court of Appeals upheld the rejection by a federal judge in New Jersey of allegations that the owner of a medical publishing company infringed 16 trademarks belonging to a family member (Engage Healthcare Communications LLC, et al. v. Intellisphere LLC, et al., No. 19-1017, 3rd Cir., 2019 U.S. App. LEXIS 34515).
SAN FRANCISCO — An appellee’s reckless handling of 35 copyrighted photographs justified a jury’s award of enhanced damages for willful infringement, the Ninth Circuit U.S. Court of Appeals ruled Nov. 20 (Greg Young Publishing Inc. v. Zazzle Inc., No. 18-55522, 9th Cir., 2019 U.S. App. LEXIS 34526).
ALEXANDRIA, Va. — A medical device maker told the Patent Trial and Appeal Board on Nov. 19 that it should cancel 20 claims of a patented surgical stapler with jaws that open and close (Intuitive Surgical Inc. v. Rex Medical Inc., No. IPR2020-00152, PTAB).
WASHINGTON, D.C. — A panel majority of the Federal Circuit U.S. Court of Appeals on Nov. 19 affirmed that two patents relating to manmade insulin are obvious, but a dissenting judge argued not only that the formulations are patentable but also that the patent owner is entitled to new inter partes review (IPR) proceedings in view of a recent ruling declaring the existing structure of the Patent Trial and Appeal Board unconstitutional (Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc., Nos. 2019-1368, -1369, Fed. Cir., 2019 U.S. App. LEXIS 34328).
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Nov. 19 found no error in the Patent Trial and Appeal Board’s conclusion that a petition for inter partes review (IPR) of an online gaming patent was timely (Game and Technology Co. v. Wargaming Group Ltd., No. 19-1171, Fed. Cir., 2019 U.S. App. LEXIS 34329).
WASHINGTON, D.C. — Microsoft Corp. on Nov. 18 in a corrected appellee brief tells the Federal Circuit U.S. Court of Appeals that a Delaware federal magistrate judge did not err in construing an online translation patent’s requirement of “dialectal standardization” of one or more “content words” as requiring standardization between different dialects of the language in which the query was made (Improved Search LLC v. Microsoft Corp., No. 19-1961, Fed. Cir.).
ALEXANDRIA, Va. — An integrated circuit power management patent claims a “well-known approach” that would have been obvious to a person of skill in the art (POSITA), Intel Corp. alleges in a Nov. 15 petition for inter partes review (IPR) by the Patent Trial and Appeal Board (Intel Corp. v. VLSI Technology LLC, No. IPR2020-00114, PTAB).
DALLAS — A federal judge in Texas on Nov. 18 denied a counterclaimant’s request for a preliminary injunction requiring a patent owner to rescind a notice of infringement sent to the online retailer Amazon.com (Unicorn Global Inc., et al. v. Golabs Inc., No. 19-754, N.D. Texas, 2019 U.S. Dist. LEXIS 199571).
WASHINGTON, D.C. — In its Nov. 18 orders list, the U.S. Supreme Court said it will not take on a dispute that poses the question of whether the Federal Circuit U.S. Court of Appeal’s practice of issuing one-word summary affirmances violates the Fifth Amendment to the U.S. Constitution, U.S. Const. amend. V (Straight Path IP Group LLC v. Apple Inc., et al., No. 19-253, U.S. Sup.).