Mealey's Intellectual Property

  • May 14, 2021

    Cosmetics Firms Debate Trademark Counterfeiting Standard In Supreme Court

    WASHINGTON, D.C. — A determination of whether trademark counterfeiting has occurred necessarily includes a finding of whether there is a likelihood of confusion by consumers, a cosmetics company argues in a May 13 opposition brief, asking the U.S. Supreme Court to deny a competitor’s petition for certiorari, suggesting that the petitioner is seeking “to rewrite the Lanham Act.”

  • May 14, 2021

    11th Circuit Hears Arguments In False Advertising Suit Over Epinephrine Labels

    MIAMI — Two pharmaceutical companies on April 20 engaged in oral arguments before the 11th Circuit U.S. Court of Appeals over whether the purported false implication that a drug has been approved by the Food and Drug Administration can support a false advertising claim under the Lanham Act.

  • May 13, 2021

    Roku Defends Verdict In Patent Appeal Before Federal Circuit

    WASHINGTON, D.C. — A federal jury empaneled in Texas correctly declared Roku Inc. a noninfringer of a patent directed to streaming media content, the digital media player manufacturer tells the Federal Circuit U.S. Court of Appeals in a May 5 brief.

  • May 13, 2021

    Attorney Fees Awarded Again In Dispute Over ‘Lawn Managers’ Mark

    ST. LOUIS — A defendant was ordered May 12 by a federal magistrate judge in Missouri to pay an additional $42,031.80 in attorney fees incurred by a plaintiff in the defendant’s unsuccessful challenge of an existing $138,925 attorney fee award and finding of willful trademark infringement.

  • May 13, 2021

    Louisiana Federal Judge Won’t Reconsider Prior Ruling In Copyright Row

    NEW ORLEANS — A recent decision granting a motion in limine to exclude reference at trial to revenues or expenses generated overseas by several copyright infringement defendants, including Universal Studios LLC, won’t be revisited, a federal judge in Louisiana ruled May 7.

  • May 13, 2021

    Amazon Files Trademark Infringement Suit Over Fraudulent Text Messages

    SEATTLE — In a May 11 trademark infringement complaint filed in Washington federal court, Amazon.com Inc. sued a group of John Doe defendants that it claims are responsible for text message schemes that fraudulently use the online retailer’s trademarks to entice recipients to visit the Does’ webpages for the purpose of creating web traffic that can be sold to advertisers.

  • May 13, 2021

    Appellee: Patentee Takes Inconsistent Positions On Appeal To Federal Circuit

    WASHINGTON, D.C. — In arguing in a March appellant brief that the preambles of three claims of a wireless network patent are limiting, a patent owner stakes out an opposite position to the one it advanced before the International Trade Commission (ITC), a patent challenger asserts in a May 3 appellee brief filed with the Federal Circuit U.S. Court of Appeals.

  • May 12, 2021

    Panel: Request For New Trial In Patent Row Properly Denied

    WASHINGTON, D.C. — A federal judge in Delaware did not abuse his discretion in denying a patent owner’s request for a new trial on grounds that an attorney for an infringement defendant improperly referenced the potential application of its accused products in fighting the COVID-19 pandemic, the Federal Circuit U.S. Court of Appeals ruled May 11.

  • May 12, 2021

    Arizona Federal Magistrate Judge Tosses Copyright Dispute Over Manuscript

    PHOENIX — Twelve stories in a manuscript about frontiersman Jim Hathaway are not substantially similar to “Crossers:  A Novel,” a fictional book about life along the Mexican border, a federal magistrate judge in Arizona ruled May 10.

  • May 12, 2021

    Patentee Defends Board’s Rejection Of Adobe’s Obviousness Claims

    WASHINGTON, D.C. — In an April 14 appellee brief, the owner of two patents directed to color imaging and printing says the Patent Trial and Appeal Board (PTAB) did not abuse its discretion in declaring various challenged claims nonobvious.

  • May 11, 2021

    Microsoft Takes Aim At Virtual Machine Migration Method In New Petition

    ALEXANDRIA, Va. — A patented method of migrating virtual machines and securing them at a hypervisor layer does not represent an improvement over conventional methods, Microsoft Corp. maintains in a May 7 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board.

  • May 11, 2021

    Federal Circuit Affirms: Video Gaming Patent Recites Abstract Idea

    WASHINGTON, D.C. — In a May 10 holding, the Federal Circuit U.S. Court of Appeals found no error in a determination by the Patent Trial and Appeal Board that 20 challenged claims of a patent directed to video game technology cover ineligible subject matter.

  • May 11, 2021

    Google Petitions For Post-Grant Review Of Info Sharing Patent

    ALEXANDRIA, Va. — Google LLC on May 10 petitioned the Patent Trial and Appeal Board for post-grant review (PGR) of a patent directed to “networking” and “sharing of information” for detecting an idle transmission control protocol (TCP) connection.

  • May 11, 2021

    Patent Owner Responds To Mercedes’ Petition For Inter Partes Review

    ALEXANDRIA, Va. — In a May 10 filing with the Patent Trial and Appeal Board, the owner of a patented “strengthening member” for a road vehicle that supports a vehicle and windshield without obstructing a driver’s vision defended the technology as nonobvious.

  • May 10, 2021

    Fees, Sanctions Correctly Denied In Patent Row, Federal Circuit Affirms

    WASHINGTON, D.C. — A defendant who prevailed on allegations of patent infringement was nonetheless properly denied an award of attorney fees and sanctions, the Federal Circuit U.S. Court of Appeals ruled May 10.

  • May 10, 2021

    Trade Secret Claims Over Unpublished Patent Application Tossed By Panel

    WASHINGTON, D.C. — In a longstanding dispute over hair treatment products, the Federal Circuit U.S. Court of Appeals on May 6 ordered a new trial on patent infringement and damages and reversed a denial of judgment as a matter of law (JMOL) that L'Oréal USA Inc. misappropriated trade secrets.

  • May 07, 2021

    Following Bench Trial In ‘Cathy’s Clown’ Copyright Row, Plaintiff Prevails

    NASHVILLE, Tenn. — In a May 4 holding, a federal judge in Tennessee ruled that Isaac “Don” Everly “plainly and expressly” repudiated his brother Phil Everly’s status as a co-author of the song “Cathy’s Clown” more than three years before Phil Everly’s successors sought a declaration of co-authorship.

  • May 06, 2021

    Injunction In Patent Row Properly Set Aside, Federal Circuit Rules

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals ruled May 5 that a federal judge in California did not abuse his discretion in setting aside an injunction after being presented with evidence that a patent owner “misrepresented his knowledge of highly material prior art” in a patent infringement case.

  • May 06, 2021

    Lenovo Petitions Board For Review Of Computer Patent

    ALEXANDRIA, Va. — A patented computer that permits a user to transition from a laptop mode to easel and frame mode contains features that were “well-known” before a claimed priority date of April 2008, Lenovo United States Inc. asserts in a May 4 petition for inter partes review (IPR).

  • May 06, 2021

    Biden Administration Will Waive Protection For COVID-19 Vax Patents

    WASHINGTON, D.C. — In a statement issued May 5, U.S. Trade Representative Katherine Tai announced that President Joseph R. Biden’s administration will work with the World Trade Organization (WTO) to waive patent protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-19 vaccines “in service of ending” the pandemic.