Mealeys

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Mealey's IP/Tech - After Verdict, Studios Seek Permanent Injunction Against VidAngel
Posted on 15 Jul 2019 by Mealeys

LOS ANGELES - Nearly a month after receiving a jury verdict in their favor, a group of movie studios moved for an injunction July 12, asking a California federal court to permanently enjoin VidAngel Inc. from engaging in any further infringement of their... Read More

Tags: IP/Tech

Mealey's IP/Tech - Dallas Cop, Husband Defend Anti-Terrorism Claims Against Twitter, Facebook, Google
Posted on 15 Jul 2019 by Mealeys

DALLAS - Twitter Inc., Facebook Inc. and Google LLC each provided material support via their respective online platforms to the man who killed five people in a 2016 shooting of Dallas police, one of the surviving officers says in a July 12 brief in Texas... Read More

Tags: IP/Tech

Mealey's IP/Tech - In Suboxone Film Patent Row, Divided Federal Circuit Largely Affirms
Posted on 15 Jul 2019 by Mealeys

WASHINGTON, D.C. - Appeals by myriad drug makers of a Delaware federal judge's rejection of their challenge to the validity of several patents directed to Suboxone Film were largely unsuccessful July 12, when a divided Federal Circuit U.S. Court of... Read More

Mealey's IP/Tech - Panel: Board Applied Wrong Public Accessibility Standard To Prior Art
Posted on 15 Jul 2019 by Mealeys

WASHINGTON, D.C. - Samsung Electronics Co. Ltd. prevailed July 12 before the Federal Circuit U.S. Court of Appeals in its appeal of a decision by the Patent Trial and Appeal Board that confirmed all challenged claims of a coding patent (Samsung Electronics... Read More

Mealey's IP/Tech - In High Court Briefs, Parties Dispute If 'Ping Ponged' Jurisdiction Matter Is Moot
Posted on 12 Jul 2019 by Mealeys

WASHINGTON, D.C. - Even though the Federal Circuit U.S. Court of Appeals ultimately accepted jurisdiction from the Fifth Circuit in the appeal of an antitrust suit dealing with patent fraud, a petitioner argues to the U.S. Supreme Court in a July 10 reply... Read More

Tags: IP/Tech

Mealey's IP/Tech - Panel Affirms Examiner's Refusal To Register 'Artisan NY' Trademark
Posted on 12 Jul 2019 by Mealeys

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 11 agreed with an examining attorney that a proposed "Artisan NY" trademark for clothing items would likely confuse consumers in view of a pre-existing "Artesano New York... Read More

Mealey's IP/Tech - Divided Federal Circuit Confirms Patent Board Obviousness Holding
Posted on 10 Jul 2019 by Mealeys

WASHINGTON, D.C. - A majority of a Federal Circuit U.S. Court of Appeals panel on July 8 upheld the Patent Trial and Appeal Board's rejection of a patent application as obvious, but a dissenting judge criticized the board's final written decision... Read More

Mealey's IP/Tech - Hydraulic Fracturing Company: Well Services Operators Infringe Patents Knowingly
Posted on 9 Jul 2019 by Mealeys

HOUSTON - A hydraulic fracturing well services company on July 3 sued two other well services companies in Texas federal court, alleging that they knowingly infringe on patents related to a fracking fluid pumping system (U.S. Well Services Inc. v. TOPS... Read More

Tags: IP/Tech

Mealey's IP/Tech - Ex-Employees May Subpoena Verizon In Trade Secrets Computer Fraud Suit
Posted on 9 Jul 2019 by Mealeys

COLUMBUS, Ohio - Two former employees of a plastics company have sufficiently demonstrated the need to subpoena Verizon Wireless for certain records supporting their defense against computer fraud and wiretap claims against them related to the alleged... Read More

Tags: IP/Tech

Mealey's IP/Tech - Patent Owner: Apple Petition Suffers From 'Fatal' Deficiencies
Posted on 9 Jul 2019 by Mealeys

ALEXANDRIA, Va. - In a July 8 preliminary response, a patent owner urges the Patent Trial and Appeal Board to reject a petition by Apple Inc. for inter partes review (IPR) of a secure message forwarding patent (Apple Inc. v. MPH Technologies OY, No. IPR2019... Read More

Tags: IP/Tech

Mealey's IP/Tech - Federal Circuit Upholds Rejection Of Vuitton Trademark Application
Posted on 9 Jul 2019 by Mealeys

WASHINGTON, D.C. - An examining attorney's refusal to register the "APOGEE" trademark sought by Louis Vuitton Malletier was proper, and the Trademark Trial and Appeal Board did not err in upholding the rejection, the Federal Circuit U.S... Read More

Mealey's IP/Tech - Despite Misconduct, Panel Denies Sanctions In Patent Appeal
Posted on 9 Jul 2019 by Mealeys

WASHINGTON, D.C. - Although agreeing with an appellee that a patent owner's appeal, "as argued," of a dismissal for improper venue was frivolous, a Federal Circuit U.S. Court of Appeals panel on July 5 ruled that "we do not believe... Read More

Mealey's IP/Tech - 2nd Circuit: Trump's Blocking Of Twitter Users Violates 1st Amendment
Posted on 9 Jul 2019 by Mealeys

NEW YORK - Because President Donald J. Trump uses his Twitter account "for all manner of official purposes," a Second Circuit U.S. Court of Appeals panel on July 9 found that his decision to block certain social media users from his account... Read More

Mealey's IP/Tech - Monster Energy Co. Appeals Denial Of Permanent Injunction, Dismissal Of UCL Claim
Posted on 9 Jul 2019 by Mealeys

LOS ANGELES - Monster Energy Co. on July 3 appealed a federal district court's order that denied its motion seeking a permanent injunction under the Lanham Act and California's Unfair Competition Law (UCL) against the producer and distributor... Read More

Tags: IP/Tech

Mealey's IP/Tech - University's Code Patent Is Invalid, Apple Asserts In Federal Circuit Appeal
Posted on 8 Jul 2019 by Mealeys

WASHINGTON, D.C. - In confirming the patentability of various claims of an invention covering error-correcting codes, the Patent Trial and Appeal Board committed "a series of legal errors" and its finding of a lack of motivation to combine prior... Read More

Tags: IP/Tech
  • Blog Post: New York Federal Judge Denies Dismissal Of Declaratory Copyright Case

    NEW YORK - A plaintiff seeking a declaration of non-copyright infringement won the right to amend its complaint March 6, while also defeating a defendant's motion to dismiss (Effie Film LLC v. Gregory Murphy, No. 11-783, S.D. N.Y.; 2012 U.S. Dist. LEXIS 29748).
  • Blog Post: 4th Circuit Reverses Dismissal Of Trademark Dispute

    RICHMOND, Va. - A North Carolina federal judge erred in finding that a trademark infringement defendant established the affirmative defense of laches as a matter of law, the Fourth Circuit U.S. Court of Appeals ruled March 8 (Ray Communications Inc. v. Clear Channel Communications Inc., et al., No. 11...
  • Blog Post: Nevada Federal Judge Says Use Was Fair In Copyright Case

    LAS VEGAS - Two copyright infringement defendants won a declaratory judgment March 9 that the posting of a five-sentence excerpt from a 50-sentence news article on a political discussion forum is fair use, pursuant to 17 U.S. Code Section 107 (Righthaven LLC v. Democratic Underground and David Allen...
  • Blog Post: Nevada Federal Judge Grants Motion To Reconsider, In Part, In Patent Case

    LAS VEGAS - A Nevada federal judge agreed with a patent infringement defendant March 7 that a preliminary injunction issued in January was overbroad (Aevoe Corp. v. AE Tech Co. Ltd., No. 12-53, D. Nev.).
  • Blog Post: D.C. Federal Judge Dismisses Copyright, Trademark Lawsuit

    WASHINGTON, D.C. - Lamenting a "largely incomprehensible" copyright and trademark infringement complaint, a District of Columbia federal judge on March 13 dismissed the lawsuit on grounds that the plaintiff conceded any opposition to a defendant's motion for summary judgment (Isaac A. Potter...
  • Blog Post: Lending Firm Denied Dismissal Of Fraud, RICO Counterclaims In Cybersquatting Case

    MINNEAPOLIS - Because a plaintiff initiated its cybersquatting and defamation claims against a dissatisfied former customer in Minnesota federal court, a judge in that court held March 12, the plaintiff waived its right to dismiss the defendant's counterclaims for lack of jurisdiction in light of...
  • Blog Post: Illinois Federal Judge Grants Partial Dismissal Of Patent Claims

    CHICAGO - A dispute over wireless communications systems was partially resolved March 9 when an Illinois federal judge dismissed allegations of direct patent infringement (Intellect Wireless Inc. v. Sharp Corporation et al., No. 10-6763, N.D. Ill.; 2012 U.S. Dist. LEXIS 31669).
  • Blog Post: Comcast Did Not Commit Cyberpiracy With 'Fancast' Website, Judge Rules

    NEWARK, N.J. - A New Jersey federal judge on March 9 concluded that cable and broadband giant Comcast Corp. did not obtain its www.fancast.com with a bad faith intent to profit, despite claims of cybersquatting by the owner of www.fancaster.com (Fancaster Inc., et al. v. Comcast Corp., et al., No. 2...
  • Blog Post: Res Judicata Does Not Bar Litigation On Post-Settlement Products, Panel Rules

    WASHINGTON, D.C. - Although a Federal Circuit U.S. Court of Appeals panel held that an eyeglass maker was precluded from bringing new patent infringement claims based on amended claims that "are not materially different" from claims that were at issue in a previous lawsuit, the panel in a March...
  • Blog Post: Delaware Federal Judge Doubles Patent Award To $41 Million

    WILMINGTON, Del. - Relying on evidence that a patent defendant launched an infringing product even after an adverse ruling by the Federal Circuit U.S. Court of Appeals, a Delaware federal judge on March 13 agreed that an enhanced award was warranted (Boston Scientific Corporation and Boston Scimed Inc...
  • Blog Post: Antitrust Lawsuit Between Colorado Nightclub Rivals Survives Motion To Dismiss

    DENVER - Denver nightclubs may continue with their unlawful tying and monopolization claims that a digital download service, a competitor nightclub and the owner of those two businesses coerced disc jockeys to perform at the competitor nightclub, a federal judge in Colorado ruled March 14 (Regas Christou...
  • Blog Post: Federal Circuit Vacates Prior Panel Ruling In Patent Dispute

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 14 revisited and, acting sua sponte en banc, vacated its 2006 ruling in Zoltek Corp. v. United States (442 F.3d 1345 $(Fed. Cir. 2006$)) (Zoltek III), in what it deemed "the continuing saga" of an inventor's patent infringement...
  • Blog Post: Class Copyright Infringement Complaint Filed Against Online Legal Research Firm

    NEW HAVEN, Conn. - Asserting his authorship and ownership of a legal document that he filed in a 2003 lawsuit, a lawyer on March 14 sued a legal research firm in Connecticut federal court, claiming that its online publication of the document constituted copyright infringement (David J. Heinlein v. West...
  • Blog Post: Privacy Suit Against Google Stayed Pending Multidistrict Transfer Motion Ruling

    WASHINGTON, D.C. - In light of a motion by Google Inc. to the U.S. Judicial Panel on Multidistrict Litigation to consolidate and transfer 12 privacy cases against it to California federal court, a District of Columbia federal judge on March 15 granted a joint motion by Google and the plaintiff in one...
  • Blog Post: En Banc Federal Circuit Affirms Intervening Rights Ruling In Patent Case

    WASHINGTON, D.C. - An "equally divided" en banc Federal Circuit U.S. Court of Appeals on March 15 affirmed findings of infringement relating to a naturally occurring polysaccharide polymer, reversing its position just six months after issuing an initial ruling in the dispute (Marine Polymer...
  • Blog Post: High Court Sides With Petitioner In Patent Dispute Over Treatment Protocols

    WASHINGTON, D.C. - The U.S. Supreme Court on March 20 held that processes claimed by a patent that recites laws of nature are not patentable absent additional features providing "practical assurance" that the processes are genuine applications of those laws, rather than a drafting effort "designed...
  • Blog Post: Texas Judge Denies Partial Stay, Motion To Strike In Tech Patent Case

    MARSHALL, Texas - Efforts by defendant Citrix Systems Inc. to obtain a partial stay of patent infringement proceedings pending against it were rejected March 16 by a Texas federal judge, despite a final rejection of all claims of one asserted patent following re-examination by the U.S. Patent and Trademark...
  • Blog Post: Music Licensors Win Summary Judgment In N.Y. Copyright Case

    ALBANY, N.Y. - A New York federal judge on March 15 agreed with several music licensing firms that a nightclub infringed valid copyrights by publicly performing protected works (Broadcast Music Inc., et al. v. DFK Entertainment LLC and Dominic F. Karl, No. 10-1393, N.D. N.Y.; 2012 U.S. Dist. LEXIS 35089...
  • Blog Post: Kodak: Bankruptcy Court Needs 2nd Investigation Of Apple's Patent Claims

    NEW YORK - Bankrupt Eastman Kodak Co. on March 19 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that Apple's assertion that it owns 10 patents that Kodak claims as its own requires an investigation under the Federal Rules of Bankruptcy Procedure (In Re...
  • Blog Post: Mass. Federal Judge Grants Dismissal Of Cartoon Copyright Case

    BOSTON - A dispute over the treatment for an animated television series was dismissed March 20 by a Massachusetts federal judge, who found no probative similarity between an idea pitched to The Cartoon Network and the series that ultimately aired on television 10 years later (Timothy McGee v. Andre Benjamin...
  • Blog Post: Reconsideration Of Summary Judgment In Patent Case Denied

    BOSTON - A Massachusetts federal judge on March 20 rejected efforts by a patent infringement plaintiff to obtain reconsideration of an adverse summary judgment ruling (Millipore Corporation v. W.L. Gore & Associates Inc., No. 09-10765, D. Mass.; 2012 U.S. Dist. LEXIS 37211). Lexis.com subscribers...
  • Blog Post: Defendants Win Attorney Fee Award In Michigan Federal Copyright Case

    DETROIT - Having already found that a plaintiff's copyrighted book was published and sold with permission by two defendants, a Michigan federal judge on March 20 went one step further, awarding the defendants $74,067 in attorney fees and costs ( Talecia Chambers and Billy Joe Chambers v. Ingram Book...
  • Blog Post: Rejection Of Tequila Trade Dress Claims Won't Be Reconsidered

    SACRAMENTO, Calif. - A California federal judge on March 20 declined reconsideration of an earlier conclusion that two trade dress infringement counterclaimants failed to demonstrate that the bottle design for their tequila brand is distinctive ( E&J Gallo v. Proximo Spirits Inc., No. 10-411, E.D...
  • Blog Post: Federal Circuit Affirms Dismissal Of Inventor's Patent, Copyright Claims

    WASHINGTON, D.C. - A New Jersey federal judge committed no error in concluding that a patent and copyright infringement plaintiff failed to state a claim upon which relief could be granted because his complaint failed to identify any infringing product or process that is or was made, used or sold by...
  • Blog Post: Supreme Court Vacates Gene Patent Ruling, Remands In Light Of Mayo

    WASHINGTON, D.C. - Fresh on the heels of its decision March 20 in Mayo Collaborative Services v. Prometheus Laboratories Inc. (No. 10-1150), the U.S. Supreme Court on March 26 granted certiorari in a similar case, only to vacate and remand to the Federal Circuit U.S. Court of Appeals for further proceedings...