Mealey's Intellectual Property

  • March 05, 2021

    11th Circuit:  Aggregator Lacked Implied License To Use Copyrighted Works

    ATLANTA — In a March 3 holding, the 11th Circuit U.S. Court of Appeals left intact a jury’s verdict that a content aggregator incurred liability for copyright infringement when copying and publishing the content of a blog.

  • March 05, 2021

    Manufacturer Seeks Ruling That It Is Not Infringing A Competitor’s Fracking Patent

    HOUSTON — A company that manufactures equipment used in hydraulic fracturing operations on Feb. 9 sued a business competitor in Texas federal court, seeking a declaration that the manufacturer is not infringing on a patent held by its competitor.

  • March 04, 2021

    Federal Circuit Reinstates Patent Infringement Case Against L’Oreal USA

    WASHINGTON, D.C. — Although upholding a Delaware federal judge’s construction of various disputed claim terms in a patented method for treating bleached hair, the Federal Circuit U.S. Court of Appeals on March 4 found that genuine disputes of material fact regarding infringement should have precluded summary judgment in favor of the patent owner.

  • March 04, 2021

    Getty Correctly Won Judgment In Copyright Row, 2nd Circuit Says

    NEW YORK — Allegations of copyright infringement against Getty Images US Inc. were correctly rejected by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled March 3, because there is no issue of fact regarding Getty’s license to use various disputed images.

  • March 04, 2021

    9th Circuit Upholds Fee Award In Copyright Dispute Over Artwork

    SAN FRANCISCO — A federal judge in Washington did not err in granting a defendant artist and his art studio summary judgment on allegations of copyright infringement or in awarding them $1.6 million in attorney fees for defending against the baseless claims, the Ninth Circuit U.S. Court of Appeals said March 1.

  • March 03, 2021

    Recombinant Liver Protein Patent Valid, Infringed, Panel Affirms

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals in a March 1 holding left intact a jury’s verdict that a Bayer Healthcare LLC patent directed to recombinant forms of a liver protein known as human factor VIII is infringed by a proposed biologic.

  • March 03, 2021

    In Win For Samsung, Federal Circuit Declares Patent Indefinite

    WASHINGTON, D.C. — A stipulation that Samsung Electronics America Inc. and its subsidiaries did not infringe various claims of a patented method of delivering software application packages will not be undone, in view of a decision by the Federal Circuit U.S. Court of Appeals on March 2 to declare the asserted technology invalid.

  • March 03, 2021

    Panel Upholds Sanction For Inventor’s ‘Abusive’ Litigation Misconduct

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 1 upheld a decision by a federal judge in Delaware to award various patent infringement defendants their attorney fees as a sanction for a pro se inventor’s baseless allegations.

  • March 02, 2021

    6th Circuit Reinstates Ohio State Trademark Claims Against E-tailer

    CINCINNATI — In a Feb. 25 holding, the Sixth Circuit U.S. Court of Appeals said an Ohio federal judge engaged in an overly narrow reading of the Lanham Act when dismissing allegations of trademark infringement leveled by The Ohio State University (OSU).

  • March 02, 2021

    5th Circuit Rejects Jurisdictional Challenge In Lanham Act Case

    NEW ORLEANS — Allegations that an appellant violated the Lanham Act when it created fraudulent advertisements were not “so insubstantial or frivolous” as to deprive a Texas federal judge of subject matter jurisdiction over related state law tortious interference claims, the Fifth Circuit U.S. Court of Appeals ruled Feb. 26.

  • March 01, 2021

    Constitutionality Of Administrative Patent Judges Debated At Supreme Court

    WASHINGTON, D.C. — In oral arguments March 1, a patent owner told the U.S. Supreme Court that the inter partes review (IPR) regime is unconstitutional and that severing Section 3(c) of the Patent Act — which applies the removal restrictions of Title 5 of the U.S. Code, to officers and employees of the U.S. Patent and Trademark Office — “doesn’t solve the problem, because administrative patent judges (APJs) “still have no superior.”

  • March 01, 2021

    2nd Circuit Upholds Denial Of Relief In ‘Woodstock’ Trademark Row

    NEW YORK — In a Feb. 26 holding, the Second Circuit U.S. Court of Appeals left intact a New York federal judge’s determination that preliminary injunctive relief is not warranted in a dispute over the “Woodstock” trademark as it relates to cannabis products.

  • March 01, 2021

    Mandamus Bid Rejected By Federal Circuit; Patent Case Will Stay In Texas

    WASHINGTON, D.C. — In a Feb. 25 order, the Federal Circuit U.S. Court of Appeals found no abuse of discretion in a Texas federal judge’s decision to deny allegations that pursuant to the first-to-file rule, transfer of patent infringement claims to California federal court is warranted.

  • February 26, 2021

    Surgical Supplies Firm To High Court: PTAB Judges Are Principal Officers

    WASHINGTON, D.C. — With March 1 oral arguments fast approaching, a surgical supplies manufacturer tells the U.S. Supreme Court in its Feb. 19 reply brief that the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO) qualify as principal officers under the appointments clause of the U.S. Constitution and, as such, the rulings in three underlying patent infringement cases should be vacated and remanded to be heard by properly appointed judges.

  • February 26, 2021

    Surgical Firm Seeks End Of Assignor Estoppel Doctrine In Patent Litigation

    WASHINGTON, D.C. — A surgical device company asks the U.S. Supreme Court to eliminate the doctrine of assignor estoppel in its Feb. 22 petitioner merits brief, calling it an “uncommonly lawless doctrine” that has no support in the Patent Act or controlling case law.

  • February 26, 2021

    Targeted Advertising Patent Challenged By Twitter, Google

    ALEXANDRIA, Va. — In a Feb. 24 petition for inter partes review (IPR), Twitter Inc. and Google LLC maintain that the Patent Trial and Appeal Board should cancel 19 claims of a patented method for targeting Internet users with advertisements targeted to computer usage.

  • February 25, 2021

    Panel Upholds Dismissal Of Oppositions To Trademark Applications

    WASHINGTON, D.C. — In a Feb. 23 holding, the Federal Circuit U.S. Court of Appeals found no error in a rejection by the Trademark Trial and Appeal Board of allegations that proposed “Liberty Bankers Life Insurance Company” and “Liberty Bankers Life The Capitol Life” trademarks would cause confusion with an existing “Bankers Life” trademark.

  • February 25, 2021

    Pennsylvania Federal Judge: Trademark Claims Against Nike Not Untimely

    PHILADELPHIA — A trademark owner prevailed, in part, on summary judgment Feb. 24 when a federal judge in Pennsylvania agreed that assertions by infringement defendant Nike Inc. that the claim is time barred will not be presented at an upcoming trial.

  • February 25, 2021

    Copyright Claims Against Stephen King Properly Dismissed, Panel Says

    ATLANTA — In a Feb. 23 ruling, the 11th Circuit U.S. Court of Appeals said a federal judge in Florida did not err in rejecting allegations of copyright infringement levied in connection with “The Dark Tower” book series by Stephen King, later adapted into a motion picture.

  • February 24, 2021

    Maker Of IFit Program Denied Relief In Patent Dispute With Peloton

    WILMINGTON, Del. — A federal judge in Delaware on Feb. 23 rejected a request by ICON Health & Fitness Inc. for a preliminary injunction barring Peloton from selling its new “Bike+” stationary bicycle.

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