Mealey's Intellectual Property

  • November 27, 2019

    Viacom, Penguin Waive Response To Certiorari Bid Over Children’s Book Copyright

    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.).

  • November 27, 2019

    2nd Circuit Affirms: Copyright Plaintiff Authorized Publication

    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).

  • November 26, 2019

    Judge Orders ‘Closed’ Response To Interrogatory In Patent, Trade Secret Dispute

    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).

  • November 26, 2019

    Dispute Over ‘Steeped Coffee’ Trademark To Proceed In California

    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).

  • November 26, 2019

    Copyright, Trade Secret Claims Against Facebook, Princeton Deemed Insufficient

    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).

  • November 26, 2019

    Intellectual Ventures Responds To Rehearing Request In Patent Row

    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.).

  • November 26, 2019

    Patent Owner Tells Board To Reject Petition By Apple

    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).

  • November 25, 2019

    In Win For Apple, Federal Circuit Tosses $503M Patent Award

    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).

  • November 25, 2019

    Federal Circuit Affirms: Infringement Claim Barred By Estoppel

    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.).

  • November 25, 2019

    Intel Tells Patent Board Statutory Bar Claims Are Meritless

    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).

  • November 22, 2019

    Construction Of 3 Disputed Patent Terms Affirmed By Panel

    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).

  • November 22, 2019

    3rd Circuit Affirms: Marks Not Infringed By Medical Publishing Co.

    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).

  • November 22, 2019

    9th Circuit Reinstates Full Damage Award In Copyright Case

    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).

  • November 21, 2019

    Surgical Stapler Patent Is Obvious, Petitioner Tells Patent Board

    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).

  • November 20, 2019

    Panel Upholds Board, Continues To Disagree On Impact Of Arthrex

    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).

  • November 20, 2019

    Panel Affirms Board, Says Inter Partes Review Not Time-Barred

    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).

  • November 19, 2019

    Microsoft Defends Claim Construction In Brief Before Federal Circuit

    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.).

  • November 19, 2019

    Intel Seeks Inter Partes Review Of Power Management Patent

    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).

  • November 19, 2019

    Texas Federal Judge Won’t Enjoin Patent Owner From Complaints

    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).

  • November 18, 2019

    Supreme Court Turns Away Challenge To Federal Circuit’s Rule 36

    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.).

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