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Mealey's Intellectual Property

  • October 18, 2018

    New Jersey Federal Judge Won’t Dismiss Software Copyright Case

    TRENTON, N.J. — Efforts by a former Pfizer Inc. affiliate to obtain dismissal of copyright infringement allegations were unsuccessful on Oct. 17, when a New Jersey federal judge instead ruled that the case can proceed (PDS Pathology Data System Ltd. v. Zoetis Inc., No. 16-2072, D. N.J., 2018 U.S. Dist. LEXIS 178405).

  • October 18, 2018

    Patent Board Sides With Petitioner In Ski Binding Release Dispute

    ALEXANDRIA, Va. — Seven claims of a patent relating to a multidirectional alpine ski binding release mechanism were deemed unpatentable by the Patent Trial and Appeal Board in an Oct. 15 final written decision (Marker Volkl USA Inc. v. Kneebinding Inc., No. IPR2017-01265, PTAB).

  • October 17, 2018

    New York Federal Magistrate Judge: Don’t Dismiss Copyright Case

    BUFFALO, N.Y. — In a report and recommendation issued Oct. 10, a New York federal magistrate judge found that a jurisdictional challenge to allegations that a defendant improperly sent a takedown notice under the Digital Millennium Copyright Act (DMCA) should be rejected (Shear Mobility LLC v. Maurice Stoll et al., No. 18-163, W.D. N.Y., 2018 U.S. Dist. LEXIS 175521).

  • October 17, 2018

    Wikimedia, Critics Urge High Court To Review Fair Use In Media-Monitoring Case

    WASHINGTON, D.C. — In an Oct. 12 amicus curiae brief, a disparate coalition of interested parties ask the U.S. Supreme Court to grant certiorari to an online content-monitoring service, arguing that the Second Circuit U.S. Court of Appeals employed the incorrect fair use standard when granting judgment in favor of Fox News Network LLC in a copyright dispute (TVEyes Inc. v. Fox News Network LLC, No. 18-321, U.S. Sup.).

  • October 16, 2018

    Microsoft Petition For Inter Partes Review Instituted By Board

    ALEXANDRIA, Va. — A patent relating to navigating electronic data via spoken natural language requests will be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board revealed Oct. 15 (Microsoft Corp. v. IPA Technologies Inc., No. IPR2018-00794, PTAB).

  • October 16, 2018

    Supreme Court Denies Certiorari In Dispute Over Patent Eligibility Standard

    WASHINGTON, D.C. — In its Oct. 15 orders list, the U.S. Supreme Court said it will not review a November 2017 finding of patent ineligibility by the Federal Circuit U.S. Court of Appeals, in a decision a petitioner-patent owner called “inconsistent, incoherent and increasingly unmoored” from the text of Section 101 of the Patent Act, 35 U.S.C. § 101 (Two-Way Media Ltd. v. Comcast Cable Communications LLC, et al., No. 18-124, U.S. Sup.).

  • October 16, 2018

    Copyright Registration Required For Litigation, News Service Tells High Court

    WASHINGTON, D.C. — Approval or rejection of a copyright registration by the U.S. Copyright Office is necessary before an infringement suit may be filed, a news website operator argues in an Oct. 11 respondent brief to the U.S. Supreme Court, asking the high court to find that the mere act of filing a registration application is insufficient to permit a party to initiate litigation (Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al., No. 17-571, U.S. Sup.).

  • October 15, 2018

    Federal Circuit Affirms: Copaxone Patents Are Invalid As Obvious

    WASHINGTON, D.C. —  A panel of the Federal Circuit U.S. Court of Appeals on Oct. 12 upheld findings by U.S. Judge Gregory M. Sleet of the District of Delaware that four patents covering thrice-weekly injections of 40mg glatiramer acetate (GA) do not pass muster under Section 103 of The Patent Act, 35 U.S.C. § 103 (Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., No. 17-1575, Fed. Cir., 2018 U.S. App. LEXIS 28751).

  • October 15, 2018

    Board Properly Declared Copaxone Patents Invalid, Federal Circuit Finds

    WASHINGTON, D.C. — On the same day it affirmed a Delaware federal judge’s determination of invalidity with regard to four patents covering the multiple sclerosis drug Copaxone, the Federal Circuit U.S. Court of Appeals on Oct. 12 also upheld an identical conclusion reached by the Patent Trial and Appeal Board with regard to three of the same patents, but based upon different prior art (Yeda Research and Development Co. Ltd. v. Mylan Pharmaceuticals Inc. et al., Nos. 2017-1594, -1595, -1596, Fed. Cir.. 2018 U.S. App. LEXIS 28750).

  • October 12, 2018

    Ticket Brokers Defend Copyright Misuse, Antitrust Claims Against Ticketmaster

    LOS ANGELES — In an Oct. 8 brief in California federal court, two ticket brokers accused of inappropriately using bots to purchase tickets opposed a motion by Ticketmaster LLC to dismiss their counterclaims against the ticket seller, arguing that the plaintiff has long engaged in a practice of copyright misuse to further its goal of monopolizing the ticket industry (Ticketmaster LLC v. Prestige Entertainment West Inc., et al., No. 2:17-cv-07232, C.D. Calif.).

  • October 12, 2018

    Licensee Asks High Court To Decide If Bankruptcy Provision Ended Trademark License

    WASHINGTON, D.C. — In a Sept. 25 reply brief supporting its petition for certiorari, a one-time trademark licensee asks the U.S. Supreme Court to determine whether the bankruptcy law agreement rejection provision properly terminated its right to use the licensed trademarks (Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, U.S. Sup.).

  • October 12, 2018

    Music Modernization Act Signed Into Law By President Trump

    WASHINGTON, D.C. — In an Oct. 11 White House ceremony, President Donald J. Trump signed into law H.R. 1551, the Orrin G. Hatch Music Modernization Act (MMA), which will — among other things — compensate artists for digitally downloaded pre-1972 master recordings.

  • October 11, 2018

    Facebook Petitions Board For Review Of Graphical Search Index Patent

    ALEXANDRIA, Va. — In an Oct. 5 petition for inter partes review (IPR), social media giant Facebook Inc. tells the Patent Trial and Appeal Board that a patented visual index for a graphical search engine would be obvious to a person of skill in the art (Facebook Inc. v. Hyper Search LLC, No. IPR2019-00041, PTAB).

  • October 11, 2018

    Florida Federal Judge Denies Dismissal Of False Advertising Claims

    ORLANDO, Fla. — In an Oct. 10 order, a Florida federal judge partly granted and partly denied a motion to dismiss in a dispute between the operators of a timeshare resort and an entity that purportedly assists timeshare owners in avoiding the terms of their contract (Westgate Resorts Ltd., et al. v. U.S. Consumer Attorneys P.A., et al., No. 18-359, M.D. Fla., 2018 U.S. Dist. LEXIS 173473).

  • October 11, 2018

    2nd Circuit Affirms: Copyright Allegations Untimely, Unproven

    NEW YORK — In an Oct. 4 ruling, the Second Circuit U.S. Court of Appeals sided with a Spanish-language media firm accused of copyright infringement, finding that summary judgment on behalf of the defendant was properly granted by a New York federal judge (Latin American Music Company Inc., et al. v. Spanish Broadcasting System Inc., No. 17-1953, 2nd Cir., 2018 U.S. App. LEXIS 28089).

  • October 10, 2018

    9th Circuit Orders New Trial In ‘Stairway To Heaven’ Copyright Case

    SAN FRANCISCO — Citing a California federal judge’s erroneous and prejudicial jury instructions, the Ninth Circuit U.S. Court of Appeals on Sept. 28 agreed that a new trial is necessary on allegations that Led Zeppelin copied a fellow rock band’s work when composing and recording “Stairway to Heaven” (Michael Skidmore v. Led Zeppelin, et al., No. 16-56287, 9th Cir., 2018 U.S. App. LEXIS 27680).

  • October 10, 2018

    Patent Board Sides With Inter Partes Review Petitioners In Final Decision

    ALEXANDRIA, Va. — Operators of several fantasy sports websites prevailed Oct. 4 when the Patent Trial and Appeal Board agreed that eight claims of a video game system patent would have been obvious to a person of skill in the art (Fanduel Inc., et al. v. CG Technology Development LLC, No. IPR2017-00902, PTAB).

  • October 10, 2018

    Apple Must Produce Clawed-Back Documents In FRAND Dispute With Qualcomm

    SAN DIEGO — Finding that Apple Inc. did not satisfy the requirements of Federal Rule of Evidence 502(b) in its quest to claw back documents that were inadvertently submitted during discovery in a lawsuit with Qualcomm Inc. over cellphone technology royalties, a California federal magistrate judge on Oct. 2 ruled that any privilege in the documents was waived and ordered Apple to resubmit them (In re:  Qualcomm Litigation, No. 3:17-cv-00108, S.D. Calif.).

  • October 10, 2018

    In Concurrence, Circuit Judge Questions Breadth Of BRCA1

    WASHINGTON, D.C. — In an Oct. 9 ruling, the Federal Circuit U.S. Court of Appeals agreed with a California federal judge that a patent directed to a method of detecting an antibiotic-resistant form of tuberculosis in human deoxyribonucleic acid (DNA) is invalid (Roche Molecular Systems Inc. v. Cepheid, No. 17-1690, Fed. Cir., 2018 U.S. App. LEXIS 28411).

  • October 10, 2018

    DOJ Granted Leave To Join High Court Arguments Over Patent On-Sale Dates

    WASHINGTON, D.C. — The same day that Teva Pharmaceuticals USA Inc. filed its respondent brief in a U.S. Supreme Court dispute over what triggers the on-sale bar in the patent application process, the high court in its Oct. 9 order list granted the U.S. Department of Justice’s petition to participate in upcoming Dec. 4 oral arguments as amicus curiae (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., et al., No. 17-1229, U.S. Sup.).