Mealey's Intellectual Property

  • January 15, 2021

    Google Infringes Patented Electronic Spreadsheet System, Appellant Says

    WASHINGTON, D.C. — In a Jan. 4 appellant brief, a patent owner urges the Federal Circuit U.S. Court of Appeals to vacate and remand a Delaware federal judge’s determination that “Google Sheets” does not infringe a patented electronic spreadsheet system.

  • January 15, 2021

    High Court OKs Divided Oral Argument In Dispute Over Administrative Patent Judges

    WASHINGTON, D.C. — In its Jan. 11 order list, the U.S. Supreme Court granted the U.S. government’s motion for divided argument in upcoming oral arguments in a combined appeal over whether administrative patent judges (APJs) in the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB) constitute principal officers and, thus, must be appointed by the president under the U.S. Constitution’s appointments clause.

  • January 15, 2021

    Cert Denied In Software Dispute Over Copyright And All Writs Act

    WASHINGTON, D.C. — In its Jan. 11 order list, the U.S. Supreme Court turned away a petition for certiorari that poses the question of whether U.S. courts can enforce monetary judgments against foreign companies under the All Writs Act (AWA) in a dispute involving copyrighted software.

  • January 14, 2021

    Hendrix Brother Held In Contempt In New York Copyright, Trademark Row

    NEW YORK — In a Jan. 11 holding, a federal judge in New York agreed with the owner of the musical compositions and sound recordings of the late Jimi Hendrix that Leon Hendrix, brother of the legendary guitarist, has violated permanent injunctions covering various Jimi Hendrix-related copyrights and trademarks.

  • January 14, 2021

    Philip Morris Wins Post-Grant Review Of Vaping Patent

    ALEXANDRIA, Va. — In a Jan. 13 decision, the Patent Trial and Appeal Board granted a petition for post-grant review (PGR) by Philip Morris Products S.A. of a patent issued in December 2019 relating to an article for smoking vaporized substances.

  • January 14, 2021

    In Patent Appeal Over Payment Processing, Appellees Prevail

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 13 agreed with a California federal judge that various claims of three patents relating to the release of an electronic payment at the completion of a transaction claim ineligible subject matter under Section 101 of the Patent Act, 35 U.S.C. § 101.

  • January 13, 2021

    In Patent Row, Defendant Says Claim Is Indefinite, Injunction Was Error

    WASHINGTON, D.C. — In a Jan. 11 Federal Circuit U.S. Court of Appeals corrected appellant brief, a declaratory judgment plaintiff accused of infringing an audio-conferencing patent maintains that it complied with the “very specific roadmap” provided by an Illinois federal judge in a 2019 preliminary injunction, redesigning the accused product, but was nonetheless again enjoined unfairly and found in contempt.

  • January 13, 2021

    Magistrate:  ISP Not Entitled To Labels’ Investigator’s Report In Copyright Case

    DENVER — An internet service provider (ISP) has not established a sufficient need for an investigator’s “hash report” to overcome its protections as privileged work product, a Colorado federal magistrate judge ruled Jan. 7, denying a motion to compel by Charter Communications Inc. as it defends itself from vicarious copyright infringement claims brought by a group of record labels.

  • January 12, 2021

    Google Asks Patent Board To Cancel HVAC Technology As Obvious

    ALEXANDRIA, Va. — In a Jan. 11 petition for inter partes review (IPR) Google LLC took aim at a patent directed to climate control fraud reduction efforts, telling the Patent Trial and Appeal Board it should cancel 16 patent claims on grounds of obviousness.

  • January 12, 2021

    Regeneron Patent Targeted In New Post-Grant Review Petition

    ALEXANDRIA, Va. — The maker of an antibody cocktail that recently won emergency use authorization for the treatment of COVID-19 is being challenged on a different front before the Patent Trial and Appeal Board, with a Jan. 11 petition for post-grant review (PGR) that takes aim at a patented vascular endothelial growth factor (VEGF) antagonist for sufferers of age-related macular degeneration (AMD).

  • January 12, 2021

    Petition Misinterprets Prior Art, Patent Owner Tells Board

    ALEXANDRIA, Va. — In a Jan. 11 preliminary response filed with the Patent Trial and Appeal Board, a patent owner defends its technology against allegations of obviousness made in an August petition for inter partes review (IPR).

  • January 12, 2021

    Russian Stream-Ripping Site Owner Denied Certiorari In Jurisdictional Dispute

    WASHINGTON, D.C. — The owner of two Russian-based stream-ripping websites lost his bid to challenge Virginia jurisdiction on Jan. 11, when the U.S. Supreme Court denied his petition for certiorari in a copyright infringement suit filed by a group of record labels.

  • January 11, 2021

    Despite Calls From Amici, Certiorari Denied In Trademark Parody Row

    WASHINGTON, D.C. — In its Jan. 11 order list, the U.S. Supreme Court denied a petition for certiorari in a trademark infringement and dilution case that drew amicus briefs from seven interested parties.

  • January 11, 2021

    High Court Skips Patent Row Involving Reliance On Nonpublic Documents

    WASHINGTON, D.C. — Allegations that the Patent Trial and Appeal Board erred in allowing an expert to rely on nonpublic documents to support his opinion of unpatentability will not be addressed by the U.S. Supreme Court, which on Jan. 11 denied a petition for certiorari by a patent owner.

  • January 11, 2021

    In Win For Disney, High Court Turns Away ‘Inside Out’ Copyright Case

    WASHINGTON, D.C. — Allegations that The Walt Disney Co. infringed a group of characters called “Moodsters” in making the film “Inside Out” will not be heard by the U.S. Supreme Court, which denied a petition for certiorari in the case on Jan. 11.

  • January 11, 2021

    Award Of Costs In Patent Litigation Partly Vacated On Appeal

    WASHINGTON, D.C. — Microsoft Corp. on Jan. 8 saw its award of $191,130.18 in taxable costs following its successful defense of patent infringement allegations in Delaware federal court trimmed by the Federal Circuit U.S. Court of Appeals.

  • January 11, 2021

    2nd Circuit Affirms: Prior Suit Dooms New Copyright Claims Against Prince

    NEW YORK — A lawsuit alleging that “Girl 6,” a song by the late artist Prince, which was dismissed in March 2017, precludes a lawsuit filed in February 2019 by the same plaintiff against some of the same defendants, and involving the same musical works, the Second Circuit U.S. Court of Appeals ruled Dec. 28.

  • January 11, 2021

    Limitations Period Wrongly Calculated In Copyright Case, 3rd Circuit Says

    PHILADELPHIA — In a ruling issued Dec. 24, the Third Circuit U.S. Court of Appeals reversed a New Jersey federal judge’s determination that the three-year statute of limitations for copyright infringement is tolled from the date of injury.

  • January 11, 2021

    Supreme Court To Address Role Of Assignor Estoppel In Patent Cases

    WASHINGTON, D.C. — In its Jan. 8 orders list the U.S. Supreme Court announced that it will hear an appeal of an April decision by the Federal Circuit U.S. Court of Appeals that barred a patent assignor from challenging the validity of a patent in Delaware federal court, where it was later deemed liable for infringement.

  • January 11, 2021

    Mandamus Granted By Federal Circuit In Dispute Over Transferred Patent Trial

    WASHINGTON, D.C. — A decision by a Texas federal judge to transfer a planned patent infringement trial from one division to another due to COVID-19 restrictions was vacated Dec. 23 by the Federal Circuit U.S. Court of Appeals.

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