Mealey's Intellectual Property

  • October 20, 2020

    With Appeal Pending, Fee Request In Trade Dress, Patent Row Denied

    NEW YORK — A federal magistrate judge in New York on Oct. 15 directed a defendant to refile its request for attorney fees after the Federal Circuit U.S. Court of Appeals weighs in on a summary judgment determination that the defendant did not infringe trade dress or patents relating to candy (The Topps Company Inc. v. Koko’s Confectionary & Novelty Inc., No. 16-5954, S.D. N.Y., 2020 U.S. Dist. LEXIS 191302).

  • October 20, 2020

    Samsung Accused Of Infringing 5 Patents In New Texas Case

    MARSHALL, Texas — A California company on Oct. 16 filed a lawsuit in Texas federal court, asserting infringement of five patents relating to contactless payment technology (RFCyber Corp. v. Samsung Electronics Co. Ltd., et al., No. 20-335, E.D. Texas).

  • October 20, 2020

    Panel Affirms: P2P Method For Verifying Work History Is Invalid

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals in an Oct. 19 opinion upheld findings by an Indiana federal judge that a patented method of using peer-to-peer networking technology for verification of employment history recites ineligible subject matter (Tenstreet LLC v. DriverReach LLC, No. 20-1101, Fed. Cir.).

  • October 19, 2020

    Panel: Patent Covering Artificial Heart Valve Not Anticipated, Obvious

    WASHINGTON, D.C. — In an Oct. 15 ruling, the Federal Circuit reversed findings by the Patent Trial and Appeal Board that four claims of a patented artificial heart valve are anticipated by prior art (St. Jude Medical LLC v. Snyders Heart Valve LLC, No. 19-2108, Fed. Cir.).

  • October 19, 2020

    High Court Won’t Decide ‘Prevailing Party’ Issue In Patent Dispute With Facebook

    WASHINGTON, D.C. — In its Oct. 19 order list, the U.S. Supreme Court denied certiorari to a technology firm that appealed the awarding of attorney fees to Facebook Inc. as the prevailing party in a patent infringement lawsuit that was dismissed as moot after a patent invalidity finding, declining to address the presented question about the proper standard for determining whether a litigant is a prevailing party (B.E. Technology LLC v. Facebook Inc., No. 19-1323, U.S. Sup.).

  • October 16, 2020

    Lawn Firm Seeks Certiorari Over Unclean Hands, Naked Trademark License

    WASHINGTON, D.C. — The Eighth Circuit U.S. Court of Appeals applied the incorrect standard in determining that no naked license existed related to a trademark used by two competing lawn care companies, the one firm argued in a Sept. 28 petition for certiorari, also asking the U.S. Supreme Court to provide guidance on the doctrine of unclean hands in the context of parallel state and federal court lawsuits between former spouses (Progressive Lawn Managers Inc. v. Lawn Managers Inc., No. 20-421, U.S. Sup.).

  • October 06, 2020

    COMMENTARY: Attorney's Fees In Intellectual Property Litigation: Obtaining And Maintaining 'Prevailing Party' Status

    By Lauren Bolcar and Scott Pivnick

  • October 15, 2020

    Jack Daniel’s Appeals Dog Toy Trademark, Trade Dress Case To Supreme Court

    WASHINGTON, D.C. — In a Sept. 15 petition for certiorari, Jack Daniel’s Properties Inc. tells the U.S. Supreme Court that the Ninth Circuit U.S. Court of Appeals wrongly applied First Amendment principles in finding that humorous uses of its trademarks and trade dress on a dog toy did not constitute trademark infringement and dilution (Jack Daniel’s Properties Inc. v. VIP Products LLC, No. 20-365, U.S. Sup.).

  • October 15, 2020

    New Hampshire Federal Judge Won’t Strike New Expert Report In Copyright Row

    CONCORD, N.H. — A request by a prevailing copyright infringement plaintiff to strike various portions of a defendant’s expert report on damages was denied Oct. 14 by a federal judge in New Hampshire (D’Pergo Custom Guitars Inc. v. Sweetwater Sound Inc., No. 17-747, D. N.H., 2020 U.S. Dist. LEXIS 189935).

  • October 15, 2020

    Sealed Rehearing Bid In Copyright Preemption Row Denied By 9th Circuit

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 28 denied panel rehearing and rehearing en banc of findings issued in August that Oracle America Inc.’s allegations that Hewlett Packard Enterprise Co. (HPE) violated California’s unfair competition law (UCL) are preempted by federal copyright law (Oracle America Inc. v. Hewlett Packard Enterprise Company, No. 19-15506, 9th Cir., 2020 U.S. App. LEXIS 30835).

  • October 15, 2020

    Virginia Federal Judge Orders Cisco To Pay $1.9 Billion In Patent Row

    NORFOLK, Va. — Four patents relating to cybersecurity are valid and willfully infringed by Cisco Systems Inc., a federal judge in Virginia concluded Oct. 5, awarding the patent owner $1.88 billion in reasonable royalty damages and $13.7 million in prejudgment interest, for a total award of $1,903,239,287.50 (Centripetal Networks Inc. v. Cisco Systems Inc., No. 18-94, E.D. Va., 2020 U.S. Dist. LEXIS 184695).

  • October 14, 2020

    Arizona Federal Judge Again Denies Dismissal In Porn.com Copyright Row

    PHOENIX — An individual defendant must face allegations of copyright infringement leveled in connection with his role as president of a company that helped operate the website Porn.com, a federal judge in Arizona ruled Oct. 9 (AMA Multimedia LLC v. Sagan Limited, et al., No. 16-1269, D. Ariz., 2020 U.S. Dist. LEXIS 188394).

  • October 13, 2020

    Claim Construction, Invalidity Holdings Briefed On Appeal To Federal Circuit

    WASHINGTON, D.C. — The Patent Trial and Appeal Board correctly declared two patents used in the medical transcription industry obvious, a software company maintains in a Sept. 28 appellee brief filed with the Federal Circuit U.S. Court of Appeals (Nuance Communication Inc. v. MModal LLC, Nos. 2020-1549, -1550, Fed. Cir.).

  • October 13, 2020

    Certiorari Granted In 3 Patent Cases Challenging Appointments Clause Ruling

    WASHINGTON, D.C. — In its Oct. 13 orders list, the U.S. Supreme Court announced that it will hear consolidated oral arguments in three cases involving the question of whether the appointment of administrative patent judges (APJs) to the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) by the secretary of Commerce is a violation of the appointments clause of the U.S. Constitution (United States v. Arthrex Inc., et al., No. 19-1434; Smith & Nephew Inc., et al. v. Arthrex Inc., et al., No. 19-1452; Arthrex Inc., et al. v. Smith & Nephew Inc., et al., No. 19-1458, U.S. Sup.).

  • October 12, 2020

    3rd Circuit Affirms: Cookie Trade Dress Is Functional, Invalid

    PHILADELPHIA — Two product configurations for “Pocky” — a thin, stick-shaped cookie — claim functional features protectable only with patents, not trade dress, a panel of the Third Circuit U.S. Court of Appeals ruled Oct. 8 (Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., No. 19-3010, 3rd Cir., 2020 U.S. App. LEXIS 31926).

  • October 12, 2020

    Gaming Patent Owner Tells Board To Reject DraftKings Petition

    ALEXANDRIA, Va. — In an Oct. 9 preliminary patent owner response filed with the Patent Trial and Appeal Board, the owner of a patent directed to online gaming maintains that a recent petition for inter partes review (IPR) “only superficially” asserts obviousness and fails to present “the necessary showings that warrant institution” (DraftKings Inc. v. Interactive Games LLC, No. IPR2020-01110, PTAB).

  • October 12, 2020

    Petitioner: Method For Parallelizing Math Functions Is Obvious

    ALEXANDRIA, Va. — In an Oct. 10 petition for inter partes review, NVIDIA Corp. tells the Patent Trial and Appeal Board that it should cancel a patent directed to parallelizing mathematical functions across several processors because peer-to-peer communication in the prior art was “commonplace” (NVIDIA Corp. v. Advanced Cluster Systems Inc., No. IPR2021-00020, PTAB).

  • October 12, 2020

    Post-Grant Review Of Cannabis Vaping Device Denied By Patent Board

    ALEXANDRIA, Va. — In an Oct. 9 ruling, the Patent Trial and Appeal Board turned away a petition for post-grant review (PGR) of a patented vaping device intended for use with cannabis (GoFire Inc. v. Canopy Growth Corporation, No. PGR2020-00044, PTAB).

  • October 12, 2020

    Facebook Seeks Inter Partes Review Of Website Recommending Patent

    ALEXANDRIA, Va. — A patent claiming to improve the experience of internet users by determining intent to predict and suggest webpages to visit would have been obvious to a person of skill in the art (POSA), Facebook Inc. maintains in an Oct. 7 petition for inter partes review (IPR) by the Patent Trial and Appeal Board (Facebook Inc. v. USC IP Partnership LP, No. IPR2021-00034, PTAB).

  • October 12, 2020

    Apple: California Federal Judge Properly Rejected New Infringement Theory

    WASHINGTON, D.C. — A patent owner’s “lack of diligence” is to blame “for the demise of its case before trial,” and the Federal Circuit U.S. Court of Appeals should thus uphold a stipulated judgment of noninfringement, Apple Inc. maintains in a Sept. 10 redacted appellee brief (DSS Technology Management Inc. v. Apple Inc., No. 20-1570, Fed. Cir.).