Mealey's Intellectual Property
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March 17, 2021
Tennessee Federal Magistrate Says Fees Should Be Denied In Copyright Case
NASHVILLE, Tenn. — A federal magistrate judge in Tennessee on March 16 recommended that an award of attorney fees sought by Steve Winwood and a music publisher be denied, even though the singer-songwriter was cleared of allegations that he committed copyright infringement.
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March 17, 2021
Federal Circuit: Patent Board De-institution Not Appealable
WASHINGTON, D.C. — In an opinion issued March 16, the Federal Circuit U.S. Court of Appeals rejected an appeal by Sling TV LLC and others of a decision by the Patent Trial and Appeal Board to de-institute inter partes review (IPR) of a video streaming patent.
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March 16, 2021
Software Firm Sues Dutch Counterpart For Trademark, Copyright, Contract Violations
BREVARD, N.C. — An anti-phishing software firm filed suit in North Carolina federal court on March 12 against a Dutch company that had been its business partner, asserting trademark and copyright infringement related to computer source code that it says was used to develop new products and that the plaintiff claims belong to it .
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March 16, 2021
Panel: Patent Board Must Consider Alternative Invalidity Allegations
WASHINGTON, D.C. — Although upholding a construction by the Patent Trial and Appeal Board of disputed claim terms “rotary drive member,” “rotary member” and “rotatable drive member,” the Federal Circuit U.S. Court of Appeals on March 15 reversed and remanded a denial by the board of a patent owner’s contingent motion to substitute two claims.
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March 16, 2021
Federal Circuit Upholds Order Unsealing Amended Patent Complaint
WASHINGTON, D.C. — In a March 15 ruling, the Federal Circuit U.S. Court of Appeals said it found no abuse of discretion in a Florida federal judge’s decision to unseal an amended complaint accusing a competitor of infringing a patented veterinary orthopedic implant.
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March 15, 2021
Panel Denies Mandamus, Dismisses Appeal By Patent Challenger
WASHINGTON, D.C. — Pursuant to Section 314(d) of the America Invents Act, the Federal Circuit U.S. Court of Appeals on March 12 said it lacks jurisdiction over an appeal by Mylan Laboratories Ltd. of a decision by the Patent Trial and Appeal Board to deny institution of inter partes review (IPR) of a patent directed to paliperidone palmitate for the treatment of adult schizophrenia.
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March 12, 2021
2nd Circuit Sets Argument Date For Website Copyright, Trade Dress Dispute
NEW YORK — The Second Circuit U.S. Court of Appeals on March 11 set a May 6 argument date for an appeal concerning personal jurisdiction and alter ego liability in a dispute over two websites found to infringe the copyright and trade dress of a graduation apparel company’s website.
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March 12, 2021
Zillow Again Heading To Trial In Washington Federal Copyright Case
SEATTLE — A motion by Zillow Group Inc. for judgment as a matter of law (JMOL) that copyright registrations owned by a real estate photography firm are invalid was denied March 10 by a federal judge in Washington, who instead directed the parties to prepare for an upcoming trial on whether Zillow’s infringement was innocent.
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March 11, 2021
Federal Circuit Upholds Patent Claim Construction In Win For Verizon
WASHINGTON, D.C. — A federal judge in Texas correctly construed “resynchronization marker” in a dispute over a video coding patent, the Federal Circuit U.S. Court of Appeals concluded March 10, upholding a stipulation of noninfringement by the patent owner.
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March 11, 2021
In New York Copyright Row, Federal Judge Finds No Fair Use
BROOKLYN, N.Y. — A New York federal judge on March 9 ordered a plaintiff who sued a photographer seeking a declaration of no copyright infringement to pay the photographer $750 in damages, the statutory minimum.
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March 11, 2021
Franchisor Awarded Fees, Damages, As Sanction In Trademark Dispute
MEMPHIS, Tenn. — A federal judge in Tennessee on March 10 found that the disgorged profits framework established in the Lanham Act can serve as the basis for an award of damages as a sanction for violation of an injunction, even without a first finding of liability under the statute.
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March 10, 2021
Cochlear Implant Maker Defends Technology In Filing With Patent Board
ALEXANDRIA, Va. — In a March 9 patent owner response filed with the Patent Trial and Appeal Board, a maker of cochlear implant systems maintains that a petition for inter partes review (IPR) improperly relies on applicant admitted prior art (AAPA), which are not considered patents or printed publications under the America Invents Act (AIA).
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March 10, 2021
Panel Says It Can Reach Merits Of Patent Board Estoppel Ruling
WASHINGTON, D.C. — In a March 9 holding, the Federal Circuit U.S. Court of Appeals found that it is not barred from reviewing a determination by the Patent Trial and Appeal Board that two petitioners for inter partes review (IPR) were not estopped from maintaining portions of their challenges.
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March 10, 2021
Syngenta Seeks Post- Grant Review Of Crop Production Patent
ALEXANDRIA, Va. — A method for growing plants in environments that are at least “partly” conditioned is not entitled to patent protection because the patent “fails to describe what the control mechanisms are for some of these parameters or how to they are to be controlled,” Syngenta Crop Protection AG asserts in a March 1 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board.
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March 10, 2021
Apple Tells Panel Patent Board Wrongly Declared Claims Valid
WASHINGTON, D.C. — In a March 3 appellant brief filed with the Federal Circuit U.S. Court of Appeals, Apple Inc. maintains that the Patent Trial and Appeal Board erred in confirming as nonobvious a patent directed to a capacitive touch switch, which has been asserted against the software giant in California federal court.
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March 10, 2021
Adobe Tells Federal Circuit Patent Board Wrongly Excluded Evidence
WASHINGTON, D.C. — The Patent Trial and Appeal Board “blinded” itself to evidence of patent obviousness when ruling against Adobe Inc. in inter partes reviews (IPRs) of two patents, Adobe asserts in a March 3 appellant brief.
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March 09, 2021
Remote Review Of Source Code OK’d In ISP Copyright Case Due To COVID Restrictions
DENVER — A Colorado federal magistrate judge on March 8 issued a supplemental stipulated protective order allowing the plaintiff record labels in a copyright infringement suit against an internet service provider (ISP) to conduct their review of Charter Communications Inc.’s computer source code remotely due to restrictions related to the COVID-19 pandemic.
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March 09, 2021
Restaurant Chain Claims ‘Knock-Off’ Violated UCL, U.S. Trademark Law
SANTA ANA, Calif. — Boiling Crab Franchise Co. LLC sued Cajun Boiling Crab Inc. and related parties in a California federal court on March 4, alleging that its “knock-off” restaurants deliberately infringe federally registered trademarks and constitute violations of federal and California unfair competition laws.
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March 08, 2021
Audio-Visual Captioning Method Not Patentable, Federal Circuit Affirms
WASHINGTON, D.C. — In a March 8 holding, the Federal Circuit U.S. Court of Appeals left intact findings by a Missouri federal judge that a patented system and method for providing audio-visual (AV) captioning runs afoul of Section 101 of the Patent Act.
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March 08, 2021
Patent Claims Preexisting Concepts, Petitioner Tells Patent Board
ALEXANDRIA, Va. — In a March 4 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, a Cyprus-based company asserts that a patent with claims to provide a system for artists who share their content recites “influencer marketing,” an “ancient principle dating back at least a century.”