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.
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.
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.
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.
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.
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.
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.
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).
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.