Mealey's Intellectual Property

  • September 05, 2019

    Summary Judgment Granted In Case Of Unintentional Infringement

    SEATTLE — A federal judge in Washington on Sept. 3 granted a trademark infringement defendant summary judgment upon finding that “the use of admittedly similar logos” by a bus manufacturer and a charter flight company “is nevertheless unlikely to result in any consumer confusion” (New Flyer Industries Canada ULC, et al. v. San Juan Airlines, No. 18-299, W.D. Wash., 2019 U.S. Dist. LEXIS 149689).

  • September 05, 2019

    7th Circuit Warns Copyright Plaintiff Of Potential Sanctions

    CHICAGO — In a Sept. 4 order, a panel of the Seventh Circuit U.S. Court of Appeals summarily affirmed an Indiana federal judge’s dismissal of allegations of copyright infringement levied against the Indianapolis Public Schools and two co-defendants in connection with their continued use of an educational program (Angela Brooks-Ngwenya v. Indianapolis Public Schools, et al., No. 18-2349, 7th Cir., 2019 U.S. App. LEXIS 26639).

  • September 04, 2019

    Divided Panel Affirms Construction In Dispute Over Molecule Patent

    WASHINGTON, D.C. — In an Aug. 29 holding, a divided Federal Circuit U.S. Court of Appeals panel found that a California federal judge did not err in construing various terms in a patent that describes and claims bifunctional molecules, as well as libraries of such molecules (The Scripps Research Institute v. Illumina Inc., No. 18-2089, Fed. Cir., 2019 U.S. App. LEXIS 26202).

  • September 04, 2019

    Samsung Post-Trial Motions Denied In Texas, But Judgment Not Entered

    TYLER, Texas — A federal judge in Texas on Aug. 30 denied in full several motions for post-trial relief by patent infringement defendant Samsung Electronics Co. Ltd., on the heels of a 2018 jury trial in which Samsung was ordered to pay a patent owner $5.9 million in damages (Papst Licensing GmbH & Co., KG v. Samsung Electronics Co. Ltd., No. 18-388, E.D. Texas, 2019 U.S. Dist. LEXIS 148186).

  • September 03, 2019

    2nd Circuit Upholds Dismissal Of Copyright Claims Against Scholastic

    NEW YORK — A federal judge in New York did not err in rejecting allegations by a professional photographer that Scholastic Inc. exceeded the terms of its license with a stock photography agency when using his works in its textbooks, nor in denying the photographer leave to amend on grounds of futility, the Second Circuit U.S. Court of Appeals concluded Aug. 28 (Michael Yamashita, et al. v. Scholastic Inc., No. 17‐1957, 2nd Cir., 2019 U.S. App. LEXIS 25958).

  • September 03, 2019

    Federal Circuit Remands Uniloc Patent Disputes With Apple, HTC

    WASHINGTON, D.C. — In two Aug. 30 decisions, the Federal Circuit U.S. Court of Appeals found that appeals of a judgment of patent ineligibility in a case against Apple Inc. and, in a companion case against HTC America Inc., a dismissal on the merits also due to patent ineligibility, must be remanded for a determination of whether the plaintiffs lack standing (Uniloc USA Inc., et al. v. Apple Inc., No. 18-2094, Fed. Cir., 2019 U.S. App. LEXIS 26367; Uniloc USA Inc., et al. v. HTC America Inc., No. 18-2185, Fed. Cir., 2019 U.S. App. LEXIS 26365).

  • August 30, 2019

    Fraud On The PTO Requires More Than Negligence, Petitioner Tells Supreme Court

    WASHINGTON, D.C. — Contending that a split exists among the circuit courts of appeal as to what constitutes fraud on the U.S. Patent and Trademark Office (PTO), a trademark holder that lost a long-running infringement suit argues to the U.S. Supreme Court in an Aug. 21 reply brief supporting its petition for certiorari that a uniform standard for considering fraud should be adopted that requires more than a finding of mere negligence (B&B Hardware Inc. v. Hargis Industries Inc., et al., No. 19-48, U.S. Sup.).

  • August 30, 2019

    Owner Of Property-Showing Patent Tells Panel Dismissal Was Error

    WASHINGTON, D.C. — In an Aug. 22 appellant brief, the owner of a patented software program directed to property showings defends its invention as innovative and urges the Federal Circuit U.S. Court of Appeals to reverse and remand dismissal of its lawsuit against an appellee accused of infringement (Consumer 2.0 d/b/a Rently v. Tenant Turner Inc., No. 19-1846, Fed. Cir.).

  • August 30, 2019

    Panel Won’t Review Denial Of Petitions For Inter Partes Review

    WASHINGTON, D.C. — In an Aug. 29 order, a divided Federal Circuit U.S. Court of Appeals panel found that it is barred from reviewing a discretionary denial by the Patent Trial and Appeal Board (PTAB) of institution of inter partes review (IPR), one year after the appellate court remanded the dispute to the board over the objections of the U.S. Patent and Trademark Office (PTO) (BioDelivery Sciences International Inc. v. Aquestive Therapeutics Inc., Nos. 2019-1643, -1644, -1645, Fed. Cir., 2019 U.S. App. LEXIS 26281).

  • August 30, 2019

    Medical Device Maker Defends Compression Clip Patent On Appeal

    WASHINGTON, D.C. — In a July 22 cross-appellant brief, Boston Scientific Scimed Inc. urges the Federal Circuit U.S. Court of Appeals to uphold findings by the Patent Trial and Appeal Board that five claims in its medical device patent are nonobvious but says the board nonetheless erred in deeming unpatentable five other claims of the same patent (Cook Group Inc. v. Boston Scientific Scimed Inc., Nos. 19-1413, -1422, Fed. Cir.).

  • August 30, 2019

    Kansas Federal Judge Dissolves TRO, Won’t Stop Use Of Trademark

    WICHITA, Kan. — In an Aug. 28 memorandum, a Kansas federal judge granted a defendant’s motion to dissolve a temporary restraining order (TRO) entered by a Kansas state court, which barred further use of the “GEO-SEAL” trademark (EPRO Services Inc. v. Regenesis Bioremediation Products, No. 19-1220, D. Kan., 2019 U.S. Dist. LEXIS 146053).

  • August 29, 2019

    10th Circuit Says Confusion Possible In Trademark Dispute

    DENVER — A Utah federal judge’s summary judgment of no likelihood confusion in a dispute over a fleur-de-lis logo used on vape products was reversed and remanded by the 10th Circuit U.S. Court of Appeals on Aug. 27 (Affliction Holdings LLC v. Utah Vap or Smoke LLC, No. 18-4146, 10th Cir., 2019 U.S. App. LEXIS 25760).

  • August 29, 2019

    Adding ‘.Com’ To Trademark Does Not Defeat Genericness, PTO Tells Supreme Court

    WASHINGTON, D.C. — In an Aug. 21 reply brief supporting its petition for certiorari, the U.S. Patent and Trademark Office (PTO) argues to the U.S. Supreme Court that adding a top-level domain (TLD) to an otherwise generic term does not serve to make that trademark nongeneric and registrable (U.S. Patent and Trademark Office, et al. v. Booking.com B.V., No. 19-46, U.S. Sup.).

  • August 28, 2019

    Former Google Engineer Indicted On Trade Secret Theft Charges

    SAN FRANCISCO — In an indictment unsealed Aug. 26, a California grand jury charged a former Google Inc. engineer with stealing the company’s trade secrets for its self-driving car technology and using those trade secrets to form a competing company that was subsequently purchased by Uber Technologies Inc. (United States v. Anthony Scott Levandowski, No. 19-cr-377, N.D. Calif.).

  • August 28, 2019

    Judge: Intellectual Property Exclusion Bars Coverage For Copyright Infringement Suit

    NEW YORK — A federal judge in New York on Aug. 26 held that a commercial general liability insurance policy’s intellectual property (IP) exclusion bars coverage for an underlying copyright infringement lawsuit against an insured, rejecting the insured’s argument that the exclusion’s “advertising exception” applies (Spandex House, Inc. v. Hartford Fire Insurance Company, et al., No. 18-8367, S.D. N.Y., 2019 U.S. Dist. LEXIS 144646).

  • August 28, 2019

    Board To Review Price Modeling, Data Indexing Aggregation Patent

    ALEXANDRIA, Va. — A patent titled “Systems and Method for Generating and Displaying Indexed Price Modeling Data” will be subject to covered business method (CBM) review, the Patent Trial and Appeal Board ruled Aug. 26 (Price fx AG, et al. v. Vendavo Inc., No. CBM2019-00024, PTAB).

  • August 28, 2019

    Georgia Tells Supreme Court Law Annotations Are Copyrightable

    WASHINGTON, D.C. — Filing its opening merits brief in a dispute over whether annotations accompanying published versions of state laws are copyrightable, the state of Georgia on Aug. 23 argued to the U.S. Supreme Court that because the annotations are distinct from the laws themselves, and as such lack the force of law, they are not rendered ineligible for copyright protection under the government edicts doctrine (Georgia, et al. v. Public.Resource.Org Inc., No. 18-1150, U.S. Sup.).

  • August 27, 2019

    Polymerase Chain Reaction Thermal Cycling Patent Defended By Owner

    ALEXANDRIA, Va. — In an Aug. 26 filing, Bio-Rad Laboratories Inc. tells the Patent Trial and Appeal Board that its patent claims directed to “novel and advanced” polymerase chain reaction thermal cycling instruments with integrated optics represent “the first such system in the field” and should not be canceled (Agilent Technologies Inc. v. Bio-Rad Laboratories Inc., No. IPR2019-00271, PTAB).

  • August 27, 2019

    Panel Cites Claim Construction In Vacating Patent Board Holdings

    WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board that various claims of a media buffering patent would have been obvious to a person of skill in the art was premised on an incorrect claim construction, the Federal Circuit U.S. Court of Appeals ruled Aug. 26 (WAG Acquisition LLC v. WebPower Inc., No. 18-1617, Fed. Cir., 2019 U.S. App. LEXIS 25499).

  • August 26, 2019

    7th Circuit Vacates, Remands Damage Award In Copyright Case

    CHICAGO — In what it deemed a question of first impression, a Seventh Circuit U.S. Court of Appeals panel on Aug. 21 found that a Wisconsin federal judge erred in permitting separate awards of statutory damages for works that yielded two certificates of registration from the U.S. Copyright Office (Amy Lee Sullivan v. Flora Inc., Nos. 17-2241 & 18-2534, 7th Cir., 2019 U.S. App. LEXIS 24928).

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