Mealey's Intellectual Property

  • March 27, 2020

    Patent Board Won’t Rehear Denied Motion To Stay Inter Partes Reviews

    ALEXANDRIA, Va. — A patent owner’s request for rehearing of a recent decision by the Patent Trial and Appeal Board that denied a stay or termination of nine inter partes reviews (IPRs) of six patents was denied March 25 by the board (Comcast Cable Communications LLC v. Rovi Guides Inc., Nos. IPR2019-00224, IPR2019-00231, IPR2019-00237, IPR2019-00239, IPR2019-00281, IPR2019-00290, IPR2019-00292, IPR2019-00299, IPR2019-00555, PTAB).

  • March 27, 2020

    Google Wins Dismissal Of Willful Infringement Counterclaim In California

    SAN FRANCISCO — Allegations that Google LLC willfully infringed a patent covering a portable QWERTY keyboard were dismissed March 26 by a federal judge in California, but the patent owner was granted leave to amend (Google LLC v. Princeps Secundus LLC, No. 19-6566, N.D. Calif., 2020 U.S. Dist. LEXIS 52753).

  • March 26, 2020

    Kansas Federal Judge: Trade Dress Claims Not Preempted By Patent Clause

    KANSAS CITY, Kan. — A request for summary judgment by the maker of an accused bridesmaid gown was denied March 24 by a federal judge in Kansas, who rejected as “not well taken” arguments by the defendant that trade dress infringement claims are preempted by the patent clause of the U.S. Constitution (Jenny Yoo Collection Inc. v. Essense of Australia Inc., No. 17-2666, D. Kan., 2020 U.S. Dist. LEXIS 50486).

  • March 26, 2020

    Panel Affirms 3 Patents Infringed, But Says 2 Others Not

    WASHINGTON, D.C. — Citing a lack of “particularized testimony,” the Federal Circuit U.S. Court of Appeals on March 25 reversed findings by a Delaware federal judge that two patents are infringed under the doctrine of equivalents by a proposed treatment of low-dose doxycycline for acne or rosacea (Galderma Laboratories L.P., et al., v. Amneal Pharmaceuticals LLC, et al., No. 19-1021, Fed. Cir., 2020 U.S. App. LEXIS 9341).

  • March 25, 2020

    In Copyright Dispute Over School Choir Performance, Panel Says Fees Warranted

    SAN FRANCISCO — A California federal judge’s determination that the vocal music director at Burbank High School and others are not liable for copyright infringement in connection with their use of sheet music in a show choir performance was affirmed March 24 by the Ninth Circuit U.S. Court of Appeals on grounds of fair use and lack of standing (Tresóna Multimedia, LLC v. Brett Carroll, et al., Nos. 17-56006 -56417 -56419, 9th Cir., 2016 U.S. Dist. LEXIS 186059).

  • March 25, 2020

    Patent Owner Urges Board To Deny Inter Partes Review

    ALEXANDRIA, Va. — Citing a planned December 2020 trial in California federal court, a patent owner in a March 23 response asks the Patent Trial and Appeal Board to exercise its discretionary authority and deny institution of inter partes review (LG Electronics Inc. v. Bell Northern Research LLC, No. IPR2019-00319, PTAB).

  • March 24, 2020

    Counterclaims, Affirmative Defenses Dismissed In Kentucky Trademark Row

    BOWLING GREEN, Ky. — A federal judge in Kentucky on March 23 sided with Maker’s Mark Distillery Inc., in part, in its case against a defendant who continued selling cigars seasoned with the plaintiff’s bourbon after the parties’ license agreement was terminated (Maker’s Mark Distillery Inc. v. Spalding Group, et al., No. 19-14, W.D. Ky., 2020 U.S. Dist. LEXIS 49161).

  • March 24, 2020

    Patent Owner: Texas Court Misconstrued Disputed Claim Term

    WASHINGTON, D.C. — In a Feb. 27 appellant brief, the owner of a patented method of removing debris from the edges of the eyelid argues that a Texas federal judge erred in relying on a dictionary definition of “swab” during claim construction, leading to a stipulation of infringement (BlephEx LLC v. Pain Point Medical Systems Inc., No. 20-1187, Fed. Cir.).

  • March 24, 2020

    Walmart, Hoverboard Maker Can Proceed With Texas Counterclaims

    DALLAS — In a March 20 ruling, a federal judge in Texas denied efforts by three plaintiffs to obtain dismissal of allegations that they engaged in inequitable conduct before the U.S. Patent and Trademark Office (PTO) when securing two hoverboard patents (Unicorn Global Inc., et al. v. GoLabs Inc., et al., No. 19-754, N.D. Texas, 2020 U.S. Dist. LEXIS 48315).

  • March 24, 2020

    Fractured Panel Won’t Rehear Appointments Clause Challenge

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 23 denied panel rehearing and rehearing en banc of a dispute over the constitutionality of the Patent Trial and Appeal Board administrative patent judges (APJs), in an order that spawned two concurrences and three dissents (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 18-2140, Fed. Cir., 2020 U.S. App. LEXIS 9026).

  • March 23, 2020

    High Court Concludes Congress Overstepped With Copyright Statute

    WASHINGTON, D.C. — The U.S. Supreme Court ruled March 23 that a 1990 statute that abrogated sovereign immunity for states accused of copyright infringement fails (Frederick L. Allen, et al. v. Roy A. Cooper III, et al., No. 18-877, U.S. Sup.).

  • March 20, 2020

    In New York Copyright Case, Magistrate OKs Contributory Infringement Claims

    NEW YORK — An artist won the right to amend her complaint on March 19, when a New York federal magistrate judge approved the addition of two defendants accused of contributory copyright infringement (Annamarie Trombetta v. Marie Novocin, et al., No. 18-993, S.D. N.Y., 2020 U.S. Dist. LEXIS 47816).

  • March 19, 2020

    Texas Trademark, Patent Dispute Over Dating Website Survives Dismissal Request

    WACO, Texas — Efforts by four defendants associated with the “Bumble” dating app to obtain dismissal of allegations they infringed three patents and the “Swipe” trademark were unsuccessful March 18, when a federal judge in Texas instead ruled the case should proceed (Match Group LLC v. Bumble Holding Limited, et al., No. 18-80, W.D. Texas, 2020 U.S. Dist. LEXIS 46656).

  • March 19, 2020

    Volkswagen Petition Relies On Hindsight Bias, Patent Owner Says

    ALEXANDRIA, Va. — The owner of a patented technique for controlling vehicle engine output maintains in a March 17 preliminary response filed with the Patent Trial and Appeal Board that efforts by Volkswagen Group of America Inc. to cancel various claims of the patent should fail (Volkswagen Group of America Inc. v. Michigan Motor Technologies LLC, No. IPR2020-00169, PTAB).

  • March 19, 2020

    Federal Circuit Reverses Joinder Of Facebook To 2 Inter Partes Reviews

    WASHINGTON, D.C. — In a March 18 ruling, the Federal Circuit U.S. Court of Appeals found that the Patent Trial and Appeal Board erred in allowing Facebook Inc. to join two subsequent inter partes reviews (IPRs) to two existing IPRs and, in so doing, introducing new patent claims to the proceedings (Facebook Inc. v. Windy City Innovations LLC, Nos. 2018-1400, -1401, -1402, -1403, -1537, -1540, -1541, Fed. Cir., 2020 U.S. App. LEXIS 8522).

  • March 18, 2020

    8th Circuit Upholds OK Of Voluntary Dismissal In Lanham Act Case

    ST. LOUIS — A Missouri federal judge did not abuse his discretion in granting a trademark owner’s request to voluntarily dismiss its action under the Lanham Act in a dispute over an alleged knockoff cat toy, the Eighth Circuit U.S. Court of Appeals ruled March 17 (SnugglyCat Inc. v. Opfer Communications Inc., et al., No. 18-3500, 8th Cir., 2020 U.S. App. LEXIS 8338).

  • March 18, 2020

    Panel Partly Reverses, Says Diabetes Treatment Is Patent-Eligible

    WASHINGTON, D.C. — Although reversing and remanding a New Jersey federal judge’s determination that various claims of one patent covering a type of treating type 2 diabetes mellitus is drawn to patent-ineligible subject matter, the Federal Circuit U.S. Court of Appeals on March 16 upheld a bench trial judgment that claims of two other patents in suit are invalid for obviousness and obviousness-type double patenting (Boehringer Ingelheim Pharmaceuticals Inc., et al., v. Mylan Pharmaceuticals Inc., et al., No. 19-1172, Fed. Cir., 2020 U.S. App. LEXIS 8393).

  • March 18, 2020

    Divided Federal Circuit Reverses Patent Ineligibility Holdings

    WASHINGTON, D.C. — In a ruling issued March 17, a divided Federal Circuit U.S. Court of Appeals disagreed with a California federal judge that various claims of two patents relating to separating fetal DNA from maternal DNA in cell-free DNA floating in a mother’s bloodstream are directed to an ineligible natural phenomenon (Illumina Inc., et al. v. Ariosa Diagnostics Inc., et al., No. 19-1419, Fed. Cir., 2020 U.S. App. LEXIS 8327).

  • March 17, 2020

    Patent Owner Announces Royalty-Free Licenses For COVID-19 Tests

    WILMINGTON, Del. — Just over one week after it sued a biotechnology company and its subsidiary for patent infringement in Delaware federal court, the owner of two patents relating to biological fluid testing said in a statement March 17 that it would grant royalty-free licenses to third parties who use its patented technology while developing tests for the novel coronavirus disease (COVID-19) (Labrador Diagnostics LLC v. Biofire Diagnostics LLC, et al., No. 20-348, D. Del.).

  • March 17, 2020

    In Summary Affirmance, Panel Lets Stand $268M Patent Award

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 16 upheld an award of more than $268 million in enhanced damages in a dispute over cochlear implant patents (Alfred E. Mann Foundation for Scientific Research, et al. v. Cochlear Corp., et al., No. 19-1201, Fed. Cir.).