Mealey's Intellectual Property

  • November 06, 2019

    Apple Takes Aim At Multi-Modulation Patent In New Petition

    ALEXANDRIA, Va. — In a redacted petition for inter partes review (IPR) filed Nov. 5 with the Patent Trial and Appeal Board, Apple Inc. asserts that “nothing about communicating using different types of modulations was new” at the time the U.S. Patent and Trademark Office (USPTO) issued U.S. patent No. 8,457,228 (Apple Inc. v. Rembrandt Wireless Technologies LP, No. IPR2020-00037, PTAB).

  • November 06, 2019

    Michigan Federal Judge Denies Fee Request In Longstanding Patent Row

    DETROIT — Although agreeing with a defendant that it was the prevailing party in a protracted patent infringement dispute, a federal judge in Michigan on Nov. 5 disagreed that the case qualifies as exceptional (GII Acquisition v. Cybernet Systems Inc., No. 13-14890, E.D. Mich., 2019 U.S. Dist. LEXIS 191365).

  • November 05, 2019

    Oral Arguments Held In Dispute Over Abrogation Of State Copyright Law

    WASHINGTON, D.C. — Counsel for a videographer who asserted claims of copyright infringement against the state of North Carolina argued Nov. 5 before the U.S. Supreme Court that the case was erroneously rejected by the Fourth Circuit U.S. Court of Appeals on grounds of sovereign immunity (Frederick L. Allen, et al. v. Roy A. Cooper III, et al., No. 18-877, U.S. Sup.).

  • November 05, 2019

    Scope Of Claims Limited By Term, Panel Rules

    WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that affirmed an examiner’s rejection, on anticipation grounds, of an application for a two-compartment travel trailer was error, the Federal Circuit U.S. Court of Appeals ruled Nov. 4 (In re:  David Fought and Martin Clanton, No. 19-1127, Fed. Cir., 2019 U.S. App. LEXIS 32876).

  • November 05, 2019

    Federal Circuit: Patent Board Structure Violates Appointments Clause

    WASHINGTON, D.C. — In an Oct. 31 holding, the Federal Circuit U.S. Court of Appeals found that the appointment by the secretary of Commerce of administrative patent judges (APJs) to the Patent Trial and Appeal Board is a violation of the appointments clause of the U.S. Constitution (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 18-2140, Fed. Cir., 2019 U.S. App. LEXIS 32613).

  • November 05, 2019

    Patent Ineligibility Holdings Largely Upheld By Federal Circuit

    WASHINGTON, D.C. — A California federal judge correctly deemed various claims of a system for generating and transmitting menus ineligible for patenting, the Federal Circuit U.S. Court of Appeals held Nov. 1 (Ameranth Inc. v. Domino’s Pizza LLC, et al., Nos. 2019-1141, -1144, Fed. Cir., 2019 U.S. App. LEXIS 32734).

  • November 04, 2019

    Panel Affirms Rejection Of Copyright, Trademark Row Between Freemasons

    RICHMOND, Va. — In an Oct. 30 ruling, the Fourth Circuit U.S. Court of Appeals found no error in a Virginia federal judge’s determination that allegations of copyright and trademark infringement against a spinoff masonic organization fail as a matter of law (United Supreme Council v. United Supreme Council, No. 18-2034, 4th Cir., 2019 U.S. App. LEXIS 32478).

  • November 04, 2019

    Supreme Court Won’t Review Dispute Over Patent Apportionment

    WASHINGTON, D.C. — In its Nov. 4 orders list, the U.S. Supreme Court denied a petition for certiorari in a blow to Time Warner Cable Inc., which was ordered by a Kansas jury to pay $140 million in connection with its infringement of five Sprint Communications Co. L.P. patents (Time Warner Cable Inc., et al. v. Sprint Communications Company L.P., No. 19-211, U.S. Sup.).

  • November 01, 2019

    YouTube Critic To High Court:  Malicious Copyright Suit Merited Punitive Damages

    WASHINGTON, D.C. — A YouTube user who pursued malicious prosecution claims against a Florida church that was the target of her critical videos and was sued for copyright infringement by the church tells the U.S. Supreme Court in an Oct. 23 reply brief that her petition for certiorari properly presented questions regarding due process and her entitlement to punitive damages (Shirley Jn Johnson v. New Destiny Christian Center Church Inc., et al., No. 19-279, U.S. Sup.).

  • November 01, 2019

    Videographer To High Court:  Copyright Law Abrogating State Law Is Constitutional

    WASHINGTON, D.C. — Congress acted within its constitutional authority in enacting the Copyright Remedy Clarification Act of 1990 (CRCA), a videographer tells the U.S. Supreme Court in his Oct. 18 merits reply brief, arguing that the Fourth Circuit U.S. Court of Appeals erred in finding that sovereign immunity prevented the statute from being enforced against North Carolina in a copyright dispute over vessel salvage footage (Frederick L. Allen, et al. v. Roy A. Cooper III, et al., No. 18-877, U.S. Sup.).

  • November 01, 2019

    Database Management Patent Not Obvious, Appellant Tells Panel

    WASHINGTON, D.C. — A patent owner on Oct. 25 told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board in three final written decisions improperly read a limitation out of challenged claims of a database management patent (Sound View Innovations LLC v. Hulu LLC, et al., Nos. 19-1865, -1866, -1867, Fed. Cir.).

  • October 31, 2019

    Patent Board Cancels All Challenged Claims Of LED Patent

    ALEXANDRIA, Va. — In a win for inter partes review (IPR) petitioner Nichia Corp., the Patent Trial and Appeal Board on Oct. 30 declared all 17 challenged claims of a light emitting device patent both anticipated and obvious (Nichia Corporation v. Document Security Systems Inc., No. IPR2018-00966, PTAB).

  • October 31, 2019

    Patent Owner: Google Inter Partes Review Request Should Be Rejected

    ALEXANDRIA, Va. — In an Oct. 30 preliminary response, a patent owner tells the Patent Trial and Appeal Board that it should use its discretionary authority to deny a Google LLC petition for inter partes review (IPR) that relies largely on prior art analogous to that already considered and rejected by the U.S. Patent and Trademark Office (Google LLC v. Virentem Ventures LLC, No. IPR2019-01244, PTAB).

  • October 31, 2019

    Jurisdictional Discovery Ordered In Trademark Suit Over ‘Sugar Daddy’ Website

    SANTA ANA, Calif. — Finding that substantial questions exist over whether personal jurisdiction can be exercised over the Cyprus-based operator of a “sugar daddy” dating website accused of trademark infringement, a California federal judge on Oct. 23 ordered the parties to engage in jurisdictional discovery prior to the resolution of a pending summary judgment motion (Reflex Media Inc., et al. v. Apiriliaco Ltd., et al., No. 8:16-cv-00795, C.D.  Calif.).

  • October 30, 2019

    Panel Says Board Erred In Analysis Of Objective Indicia Of Nonobviousness

    WASHINGTON, D.C. — The Patent Trial and Appeal Board erred in concluding that L’Oreal USA Inc.’s copying of a competitor’s patented hair strengthening method was legally irrelevant, according to a ruling originally issued Oct. 17 and unsealed Oct. 30 by the Federal Circuit U.S. Court of Appeals (Liqwd Inc. v. L’Oreal USA Inc., No. 18-2152, Fed. Cir.).

  • October 30, 2019

    Board’s Failure To Institute Review On Certain Claims, Grounds Leads To Remand

    WASHINGTON, D.C. — In an Oct. 29 ruling, a divided Federal Circuit U.S. Court of Appeals held that although the Patent Trial and Appeal Board correctly construed a disputed “wherein” clause in one claim of a patented fluid sample collection device, the board’s failure to institute inter partes review (IPR) on all challenged claims and grounds was error (Alere Inc. v. Rembrandt Diagnostics LP, No. 18-1812, Fed. Cir.).

  • October 30, 2019

    9th Circuit Reinstates Copyright Claims Over ‘Shake It Off’

    SAN FRANCISCO — A decision by a federal judge in California to dismiss allegations of copyright infringement against Taylor Swift and others was reversed and remanded Oct. 28 by the Ninth Circuit U.S. Court of Appeals (Sean Hall and Nathan Butler v. Taylor Swift, et al., No. 18-55426, 9th Cir., 2019 U.S. App. LEXIS 32272).

  • October 29, 2019

    In Texas, Wells Fargo Challenge To Patent Eligibility Fails

    MARSHALL, Texas — A motion by Wells Fargo Bank N.A. for summary judgment of patent ineligibility was denied Oct. 28 by a federal judge in Texas, who instead found that the digital capture technology at issue does not run afoul of Section 101 of the Patent Act (United Services Automobile Association v. Wells Fargo Bank N.A., No. 18-245, E.D. Texas, 2019 U.S. Dist. LEXIS 186441).

  • October 29, 2019

    In Texas, Wells Fargo Challenge To Patent Eligibility Fails

    MARSHALL, Texas — A motion by Wells Fargo Bank N.A. for summary judgment of patent ineligibility was denied Oct. 28 by a federal judge in Texas, who instead found that the digital capture technology at issue does not run afoul of Section 101 of the Patent Act (United Services Automobile Association v. Wells Fargo Bank N.A., No. 18-245, E.D. Texas, 2019 U.S. Dist. LEXIS 186441).

  • October 29, 2019

    Copyright Claims Against REI, Chalk Bag Maker Transferred To Idaho

    SEATTLE — A federal judge in Washington on Oct. 25 ordered copyright infringement claims against Recreational Equipment Inc. (REI) and a co-defendant transferred to federal court in Idaho but denied outright dismissal of the action out of “deference to the transferee court” (Tony Hong v. Recreational Equipment Inc., et al., No. 19-951, W.D. Wash., 2019 U.S. Dist. LEXIS 185371).

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