Mealey's Intellectual Property

  • February 16, 2018

    Coach, Accused Counterfeiter Debate Proof Of Trademark Infringement To 6th Circuit

    CINCINNATI — With a Jan. 23 appellant reply, briefing concluded in a Sixth Circuit U.S. Court of Appeals dispute over the necessity of physical evidence of accused counterfeit goods to establish trademark infringement liability, with Coach Inc. and an accused counterfeiter offering opposing arguments on the burden of proof (Coach Services Inc., et al. v. Source II Inc., et al., No. 17-1546, 6th Cir.).

  • February 16, 2018

    Composer’s Assignee Tells 2nd Circuit Italian Film Scores Were Not Works For Hire

    NEW YORK —  Arguing about differences in Italian and U.S. copyright law, a composer’s copyright assignee tells the Second Circuit U.S. Court of Appeals in a Feb. 14 brief that a trial court incorrectly concluded that film scores written on commission in Italy are equivalent to works for hire in the United States (Ennio Morricone Music Inc. v. Bixio Music Group Ltd., No. 17-3595, 2nd Cir.).

  • February 16, 2018

    Plaintiff Partly Prevails In New York Copyright Dispute Over Embedded Tweets

    NEW YORK — Breitbart News Network, Time Inc. and other online publishers were dealt a blow Feb. 15 when a New York federal judge ruled that tweets embedded in news stories can form the basis of a copyright infringement claim (Justin Goldman v. Breitbart News Network Inc., et al., No. 17-3144, S.D. N.Y., 2018 U.S. Dist. LEXIS 25215).

  • February 16, 2018

    Trade Dress Defendant Loses Bid For New Trial In Washington Federal Court

    SEATTLE — In a Feb. 14 ruling, a Washington federal magistrate judge largely rejected efforts by a defendant to undo a December jury verdict of trade dress infringement, denying a request for a new trial but conditioning that denial upon a plaintiff’s acceptance of a remittitur that would reduce damages in the case from $193,598 to $167,239 (National Products Inc. v. Arkon Resources Inc., No. 15-1553, W.D. Wash., 2018 U.S. Dist. LEXIS 24436).

  • February 16, 2018

    Patent Board Sides With Petitioner, Cancels Claims Of Method Patent

    ALEXANDRIA, Va. — In a final written decision issued Feb. 13, the Patent Trial and Appeal Board deemed 17 claims of a patented method for making wireless payments unpatentable as obvious and anticipated pursuant to Sections 102 and 103 of the Patent Act, 35 U.S.C. § 102, § 103(a) (Askeladden LLC v. Purple Leaf LLC, No. IPR2016-01722, PTAB).

  • February 15, 2018

    VidAngel Defends UCL, Antitrust Claims Against Studios To 9th Circuit

    SAN FRANCISCO — In its third appeal to the Ninth Circuit U.S. Court of Appeals in a copyright dispute with several movie studios, video-filtering service provider VidAngel Inc. argues in a Feb. 12 brief that a trial court improperly dismissed its counterclaims under the Sherman Act and California’s unfair competition law (UCL), despite its ample pleadings of the studios’ collusive actions (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 17-56665, 9th Cir.).

  • February 15, 2018

    Medtronic Tells Board ‘Double Catheter’ Patent Is Obvious, Anticipated

    ALEXANDRIA, Va. — In a Feb. 12 petition for inter partes review, Medtronic Inc. asserts that 12 claims of a patented “double catheter” and related method for placing an electrical lead in a lateral branch vein of a coronary sinus would have been obvious to a person of skill in the art (Medtronic Inc. v. Niazi Licensing Corporation, No. IPR2018-00609, PTAB).

  • February 15, 2018

    Patent Owner Tells Federal Circuit Obviousness Holding Was Erroneous

    WASHINGTON, D.C. — An inventor squared off with the U.S. Patent and Trademark Office on Feb. 12 during oral arguments before the Federal Circuit U.S. Court of Appeals in a dispute over the Patent Trial and Appeal Board’s determination of obviousness (Richard Gramm v. Deere & Company, Nos. 17-1252, -1253, Fed. Cir.).

  • February 14, 2018

    Exceptional Case Finding In Patent Suit Debated In Federal Circuit Briefs

    WASHINGTON, D.C. — In a Feb. 5 appellee brief, Qualcomm Inc. defends an Ohio federal judge’s decision to award it $1.8 million in attorney fees in a dispute over a patent system for the wireless transmission of shipping data (R+L Carriers Inc. v. Qualcomm Inc., No. 17-2469, Fed. Cir.).

  • February 14, 2018

    Federal Judge Enjoins Hot Sauce Maker From Infringing On Trademarks

    LOS ANGELES — A California federal judge on Feb. 12 entered a default judgment on claims for violation of California’s unfair competition law (UCL) and trademark infringement asserted by a maker of hot sauce and granted a permanent injunction in its favor, enjoining another hot sauce maker from making or selling certain products containing similar marks (Tapatio Foods LLC v. Isaac Granados, No. 17-7532, C.D. Calif., 2018 U.S. Dist. LEXIS 23618).

  • February 14, 2018

    Kentucky Federal Judge Denies Universal Music Bid To Dismiss Copyright Case

    LOUISVILLE, Ky. — Assertions by Universal Music Group Inc. that personal jurisdiction over it is lacking in Kentucky were rejected Feb. 13 by a Kentucky federal judge, who instead ruled that the copyright case against the music publisher can proceed for now (Leroy Mitchell v. Capitol Records LLC, et al., No. 15-174, W.D. Ky., 2018 U.S. Dist. LEXIS 23351).

  • February 13, 2018

    Parties Dispute Patent Validity In Oral Arguments Before Federal Circuit

    WASHINGTON, D.C. — A $12 million verdict on allegations of patent infringement was “fundamentally unfair,” according to a defendant who presented its case to the Federal Circuit U.S. Court of Appeals in oral arguments held Feb. 12 (Cave Consulting Group v. OptumInsight Inc., No. 17-1060, Fed. Cir.).

  • February 13, 2018

    Hip Joint Maker Tells 10th Circuit Pink Trade Dress Is Protectable

    DENVER — A trial court incorrectly found the pink trade dress of its hip joint components to be functional, a trademark holder argues in a Feb. 9 brief to the 10th Circuit U.S. Court of Appeals, seeking reversal of a judgment deeming its color pink trademark registrations unprotectable and not infringed (C5 Medical Werks LLC, et al. v. CeramTec GmbH, No. 17-1173, 10th Cir.).

  • February 13, 2018

    Patent Board Sides With Patent Owner In Final Written Decision

    ALEXANDRIA, Va. — Allegations by myriad petitioners that a wireless communication patent is unpatentable under Section 103 of the Patent Act, 35 U.S.C. §103, were rejected Feb. 12 by the Patent Trial and Appeal Board, which cited an absence of evidence that a person of skill in the art would have had a motivation to combine two prior art references (Apple Inc., et al., v. Cellular Communications Equipment LLC, No. IPR2016-01493, PTAB).

  • February 12, 2018

    Citing Walden, 7th Circuit Says Jurisdiction Lacking In Trademark Case

    CHICAGO — In a Jan. 31 holding, the Seventh Circuit U.S. Court of Appeals reversed, on jurisdictional grounds, an Illinois federal judge’s determination that a Florida corporation is liable for trademark infringement (Ariel Investments LLC v. Ariel Capital Advisors LLC, No. 17-1516, 7th Cir., 2018 U.S. App. LEXIS 2412).

  • February 12, 2018

    Appeal Of Ineligibility Ruling Submitted On The Briefs To Federal Circuit

    WASHINGTON, D.C. — A patent owner whose invention was declared ineligible for patent protection under Section 101 of the Patent Act, 35 U.S.C. § 101, challenges the findings in a case that was submitted to the Federal Circuit U.S. Court of Appeals on the briefs on Feb. 8 (Patrick Zuili v. Google Inc., Nos. 17-2161, -2258, -2267, Fed. Cir.).

  • February 12, 2018

    Federal Circuit Upholds Noninfringement Finding In Nasonex Patent Case

    WASHINGTON, D.C. — A Delaware federal judge did not err in denying Merck Sharp & Dohme Corp. a new trial on allegations that a proposed generic mometasone furoate nasal spray would infringe Merck’s patent covering the nasal spray Nasonex, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, No. 17-1560, Fed. Cir., 2018 U.S. App. LEXIS 3169).

  • February 12, 2018

    Federal Circuit Lacks Jurisdiction Over Walker Process Patent Fraud Claim

    WASHINGTON, D.C. — Allegations that a patent owner violated Section 2 of the Sherman Act, 15 U.S.C. § 2, and Sections 4 and 6 of the Clayton Act, 15 U.S.C. §§ 4, 6, by committing fraud upon the U.S. Patent and Trademark Office (PTO) should proceed in the Fifth Circuit U.S. Court of Appeals, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Xitronix Corporation v. KLA-Tencor Corporation, No. 16-2746, Fed. Cir.).

  • February 9, 2018

    Waymo, Uber Reach Settlement In Trade Secrets Lawsuit

    Waymo LLC and Uber Technologies Inc. on Feb. 9 agreed to settle their trade secrets misappropriation lawsuit, five days after the case went to trial on claims that a former Waymo employee stole the company’s trade secret information and provided it to Uber in violation of state and federal trade secrets law, according to federal judge in California’s order granting the parties’ stipulation of dismissal (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

  • February 9, 2018

    Efforts To Save Lee Statue With Copyright Claim Fail In Texas Federal Court

    DALLAS — In a Feb. 7 ruling, a Texas federal judge rejected an attempt to prevent the city of Dallas from removing a statue of Gen. Robert E. Lee from city property on grounds that the removal would constitute copyright infringement (Hiram Patterson, et al. v. Mike Rawlings, No. 17-2361, N.D. Texas, 2018 U.S. Dist. LEXIS 19873).