Mealey's Intellectual Property

  • January 26, 2021

    Certiorari Denied In Dispute Over Abstract Idea Exception To Patentability  

    WASHINGTON, D.C. — In its Jan. 25 order list, the U.S. Supreme Court denied a petition for a writ of certiorari that posed the question of whether the Federal Circuit U.S. Court of Appeals has “properly narrowed the scope of the abstract idea exception” to Section 101 of the Patent Act.

  • January 25, 2021

    Denial Of Disgorged Profit Award In Trademark Row Stands, High Court Says

    WASHINGTON, D.C. — A divided April 2020 ruling by the Ninth Circuit U.S. Court of Appeals that denied a request for $4.5 million in disgorged profits in connection with the “Stone Creek” trademark will not be disturbed, in view of the U.S. Supreme Court’s Jan. 25 denial of a petition for certiorari by the trademark owner.

  • January 25, 2021

    Samsung Singles Out Ericsson Patent For Inter Partes Review

    ALEXANDRIA, Va. — In a Jan. 22 filing with the Patent Trial and Appeal Board, Samsung Electronics Co. Ltd. asserts that a patented method for facilitating the exchange of data in wireless communications networks relies upon a formula that was already known by persons of skill in the art at the time of patenting.

  • January 25, 2021

    Copyright Claims In Massachusetts Dismissed Amid Fair Use Finding

    BOSTON — A federal judge in Massachusetts on Jan. 21 found that the moderator of a social networking website did not incur liability for copyright infringement when moving the group, and all existing posts and comments, to a new web location to avoid Russian censorship.

  • January 25, 2021

    Method For Improving Computer Memory Is Valid, Patent Owner Says

    ALEXANDRIA, Va. — In a Jan. 23 preliminary patent owner response filed with the Patent Trial and Appeal Board, Flash-Control LLC maintains that its patented technology for improving computer memory systems’ read and write performance is nonobvious.

  • January 25, 2021

    Franchisor’s Motion For Contempt Over Signage, Franchisees’ Webpages Denied

    MINNEAPOLIS — A federal judge in Minnesota on Jan. 4 denied without prejudice an acupuncture franchisor’s motion for a finding of contempt against franchisees in Colorado that have failed to cover exterior signage with the franchisor’s logo and remove from their webpages any reference to the franchisor, holding that franchisees are attempting in good faith to comply with the terms of an Oct. 28 preliminary injunction order.

  • January 22, 2021

    9th Circuit Majority Affirms Denial Of Nonsignatory’s Bid To Compel Arbitration

    SAN FRANCISCO — On remand from the U.S. Supreme Court, a split Ninth Circuit U.S. Court of Appeals panel on Jan. 20 again affirmed a district court’s denial of a motion to compel arbitration of a trademark dispute between two Indian incense companies after finding that equitable estoppel would not apply under federal law, while a dissenting judge said the case should be remanded for review under the state law of the parties’ contract.

  • January 22, 2021

    Intel Mandamus Petition Over Transferred Patent Trial Denied By Federal Circuit

    WASHINGTON, D.C. — Weeks after it granted a petition for a writ of mandamus by Intel Corp. over a Texas federal judge’s decision to transfer a planned patent infringement trial from one division to another, the Federal Circuit U.S. Court of Appeals on Jan. 21 denied a subsequent petition by Intel, finding no abuse of discretion in the district court’s retransfer of the case pursuant to Section 1404(a) of the general venue statute.

  • January 22, 2021

    Federal Circuit Affirms: Patented Lubricating Oil Composition Is Obvious

    WASHINGTON, D.C. — In a Jan. 21 holding, the Federal Circuit U.S. Court of Appeals ruled that a Patent Trial and Appeal Board determination of obviousness with regard to a lubricating oil composition for use in internal combustion engines was supported by substantial evidence.

  • January 22, 2021

    Generic Drug Application Yields Patent Complaint In Delaware Federal Court

    WILMINGTON, Del. — Amgen Inc., maker of the chronic heart failure (CHF) drug Corlanor, levied allegations of patent infringement against the filers of an abbreviated new drug application (ANDA) in a complaint filed Jan. 20 in Delaware federal court.

  • January 22, 2021

    Insurer Has No Duty To Defend Trademark Infringement Suit, Panel Says In Reversal

    BROOKLYN, N.Y. — A  New York appeals panel held Jan. 20 that a lower court erred in denying a commercial general liability insurer’s motion for summary judgment in an insured’s lawsuit seeking coverage for an underlying trademark infringement action, reversing and remitting for the lower court to declare that the insurer has no duty to defend or indemnify its insured.

  • January 21, 2021

    Nevada Federal Judge: Amended Infringement Contentions Are Untimely

    LAS VEGAS — In a Jan. 20 order, a federal judge in Nevada granted a motion to strike untimely amended infringement contentions in a dispute over a reissue patent relating to a system for redirecting internet users.

  • January 20, 2021

    Delaware Federal Magistrate: Dismiss Willful Patent Infringement Claim

    WILMINGTON, Del. — In a Jan. 15 report and recommendation, a federal magistrate judge in Delaware concluded that although an allegation of direct single actor patent infringement should proceed, allegations that the infringement was willful should be dismissed.

  • January 20, 2021

    Federal Circuit Upholds Refusal Of Application For ‘NORTH 61’ Mark

    WASHINGTON, D.C. — A determination by the Trademark Trial and Appeal Board that “NORTH 61” would cause confusion with an existing “66⁰NORTH” trademark was affirmed Jan. 13 by the Federal Circuit U.S. Court of Appeals.

  • January 20, 2021

    Allegation LED Patent Is Obvious, Correctly Rejected, Panel Says

    WASHINGTON, D.C. — In a Jan. 19 ruling, the Federal Circuit U.S. Court of Appeals rejected assertions by a petitioner for inter partes review (IPR) that the Patent Trial and Appeal Board erred in rejecting its allegation of obviousness.

  • January 20, 2021

    Anti-Malware Firm Again Seeks Dismissal Of Lanham Deception Claims By Competitor

    SAN JOSE, Calif. — On remand after a failed petition for certiorari, a malware detection software maker on Jan. 12 filed a renewed motion to dismiss claims brought against it by a competitor in California federal court, asserting that it has not engaged in deceptive acts or false advertising in its targeting of the plaintiff’s “Scareware.”

  • January 19, 2021

    Mylan Appeal Of Adverse Inter Partes Review Rejected By Federal Circuit

    WASHINGTON, D.C. — In a Jan. 15 judgment, the Federal Circuit U.S. Court of Appeals upheld a decision by the Patent Trial and Appeal Board to allow, on remand, substitute patent claims in an inter partes review (IPR), in a win for the owner of a patented treatment of prostate cancer.

  • January 19, 2021

    Panel Affirms: Digital Floral Arrangement Method Not Patentable

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 13 upheld a rejection by the U.S. Patent and Trademark Office of an application to patent a method of creating a floral arrangement on an electronic display screen, agreeing with the agency that the claimed method runs afoul of Section 101 of the Patent Act, 35 U.S.C. § 101.

  • January 19, 2021

    Panel Upholds Patent Ineligibility Findings In Win For Nintendo

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 13 agreed with a federal judge in Texas and infringement defendant Nintendo of America Inc. that a motion-sensing patent is directed to ineligible subject matter.

  • January 15, 2021

    Plaintiff Wants YouTube’s Counterclaims Dismissed In Anti-Infringement Tool Suit

    SAN JOSE, Calif. — One of two plaintiffs suing YouTube LLC for purportedly denying them access to a copyright anti-infringement tool that larger entities are permitted to use asks a California federal court tn a Jan. 14 reply brief to dismiss YouTube’s counterclaims against it, arguing that the counterclaims lack specificity and supporting facts.

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