- Volume 26, Issue #10
- Federal Circuit Upholds Patent Ineligibility Holding In Longstanding Dispute
WASHINGTON, D.C. - In a Feb. 1 ruling, the Federal Circuit U.S. Court of Appeals found no error in a California federal judge's determination that two patents relating to a searchable map of available real estate properties are invalid under Section 101 of the Patent Act, 35 U.S.C. 101 (Move Inc., et al. v. Real Estate Alliance Ltd., No. 17-1463, Fed. Cir.).
- Patent Ineligibility Findings Partly Affirmed, Partly Vacated By Federal Circuit
WASHINGTON, D.C. - An Illinois federal judge erred in granting summary judgment that four claims of a digital file archival system are ineligible for patent protection under Section 101 of the Patent Act, 35 U.S.C. 101, but properly rejected four other claims, the Federal Circuit U.S. Court of Appeals concluded Feb. 8 (Steven Berkheimer v. HP Inc., No. 17-1437, Fed. Cir.).
- On Remand From En Banc Court, Federal Circuit Panel Affirms Noninfringement Ruling
WASHINGTON, D.C. - In a Feb. 6 decision, the Federal Circuit U.S. Court of Appeals agreed with a Delaware federal judge that two patents relating to the injectable bivalirudin drug Angiomax are not infringed by a series of abbreviated new drug applications (ANDAs) but remanded the case for a determination of whether the on-sale bar set forth at 35 U.S. Code Section 102(b) applies (The Medicines Company v. Hospira Inc., Nos. 2014-1469, -1504, Fed. Cir.).
- Federal Circuit Affirms Patent Board's Finding Of Nonobviousness
WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that various claims of a motion-tracking patent would not have been obvious to a person of skill in the art was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Feb. 6 (Elbit Systems of America LLC v. Thales Visionix Inc., No. 17-1355, Fed. Cir., 2018 U.S. App. LEXIS 2892).
- Federal Circuit Vacates Allowance Of Some Patent Claims, Upholds Others
WASHINGTON, D.C. - The Patent Trial and Appeal Board's allowance of various claims of a swimming pool water pump patent following inter partes re-examination (IPX) must be revisited in light of its analysis of a prior art reference, the Federal Circuit U.S. Court of Appeals ruled Feb. 7 (Hayward Industries Inc. v. Pentair Water Pool and Spa Inc., No. 17-1021, Fed. Cir.).
- Judge Trims Expert's Testimony In Trade Secrets, Patent Dispute Over Antennas
SHERMAN, Texas - An expert's opinions on the state of mind of defendants in a misappropriation of trade secrets suit and the legal definition of a trade secret are prohibited, although the expert's remaining testimony, as well as that of a second expert regarding damages, is admissible, a Texas federal judge held Jan. 30 (Quintel Technology Ltd. v. Huawei Technologies USA, Inc., et al., No. 4:15-cv-307, E.D. Texas, 2018 U.S. Dist. LEXIS 14485).
- Waymo, Uber Reach Settlement In Trade Secrets Lawsuit
SAN FRANCISCO - 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.).
- 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).
- 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.).
- Amazon Sues Tech Firm Over Patent Suits Targeting Amazon Cloud Customers
SAN FRANCISCO - In the wake of at least 50 federal patent infringement lawsuits filed against its cloud-computing customers, Amazon.com Inc. on Feb. 5 sued the plaintiff in those suits in California federal court, seeking declarations of noninfringement and claim preclusion due to a previous judgment it obtained against the technology firm (Amazon.com Inc., et al. v. PersonalWeb Technologies LLC, et al., No. 3:18-cv-00767, N.D. Calif.).
- Nokia Seeks Review Of Blackberry Mobile Communication Patent
ALEXANDRIA, Va. - Nine claims of a Blackberry Ltd. patent were anticipated by a patent application filed and published in 2006, Nokia of America Corp. tells the Patent Trial and Appeal Board in a Feb. 6 petition for inter partes review (IPR) (Nokia of America Corporation v. Blackberry Ltd., No. IPR2018-00583, PTAB).
- Patent Board Sides With Patent Owner In Final Written Decision
ALEXANDRIA, Va. - A patented method for treating inflammatory autoimmune diseases with a high concentration subcutaneous methotrexate formulation was confirmed as patentable on Feb. 7 by the Patent Trial and Appeal Board (Koios Pharmaceuticals LLC v. medac Gesellschaft fur klinische Spezialpraparate mbH, No. IPR2016-01370, PTAB).
- 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).
- 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).
- 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).
- 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).
- 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).
- Federal Judge Enjoins Franchisee From Using IHOP Marks At 3 Restaurants
MOBILE, Ala. - An Alabama federal judge on Feb. 7 granted a motion by IHOP Restaurants LLC and IHOP Franchisor LLC for a preliminary injunction enjoining a franchisee from using its mark or any trademark that is confusingly similar to the IHOP mark at restaurants (IHOP Restaurants LLC, et al. v. Moeini Corp., No. 17-00570, S.D. Ala., 2018 U.S. Dist. LEXIS 19707).
- 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).
- Men's Salon Franchisor Sues Franchisee For Trademark Infringement
SANTA ANA, Calif. - A men's salon franchisor filed a complaint on Jan. 18 in a California federal court accusing one of its franchisees of improperly terminating its franchise agreement and continuing to use its trademarked items and confidential information while operating a salon under a different name (Ultimate Franchises, Inc., et al. v. Amyn Sachedina, et al., No. 18-97, C.D. Calif.).
- 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).
- 9th Circuit: Dolphin Drawing Is An Unprotectable Idea First Found In Nature
SAN FRANCISCO - A California federal judge properly granted a defendant summary judgment on allegations that a pen and ink depiction of two dolphins crossing underwater was infringed, the Ninth Circuit U.S. Court of Appeals ruled Feb. 2 (Peter A. Folkens v. Wyland Worldwide LLC, et al., No. 16-15882, 9th Cir., 2018 U.S. App. LEXIS 2768).
- Costs Awarded In New York Copyright Case; Judge Says Both Sides Unreasonable
ALBANY, N.Y. - A New York federal judge on Feb. 7 awarded two prevailing copyright infringement defendants $38,247.89 in costs but deferred a ruling on the amount of attorney fees to be reimbursed and instead ordered additional briefing (Universal Instruments Corporation v. Micro Systems Engineering Inc., No. 13-831, N.D. N.Y., 2018 U.S. Dist. LEXIS 19662).
- 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).
- 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).
- 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.).
- 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.).
- 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.).
- 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.).
- 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.).
- 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.).
- 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.).
- 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.).