Mealeys

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Mealey's IP/Tech - DOD, Microsoft May Not Continue JEDI Program While Amazon's Protest Is Considered
Posted on 14 Feb 2020 by Mealeys

WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on Feb. 13 granted Amazon Web Services Inc.'s motion to preliminarily enjoin the U.S. Department of Defense (DOD) and Microsoft Corp. from proceeding with any activities related to the multibillion... Read More

Mealey's IP/Tech - Intel Accused Of Infringing 8 Patents In New Texas Federal Case
Posted on 13 Feb 2020 by Mealeys

WACO, Texas - ParkerVision Inc. on Feb. 11 raised allegations that Intel Corp. infringed eight patents relating to radio frequency (RF) transceiver chips that provide cellular connectivity to iPhones and other devices (ParkerVision Inc. v. Intel Corporation... Read More

Tags: IP/Tech

Mealey's IP/Tech - Petitioner Defends Inter Partes Review Request In Reply To Board
Posted on 13 Feb 2020 by Mealeys

ALEXANDRIA, Va. - A medical technology company in a Feb. 11 brief maintains that the Patent Trial and Appeal Board properly instituted inter partes review (IPR) of a patent describing the incorporation of "plasticizers" within a soft tissue... Read More

Tags: IP/Tech

Mealey's IP/Tech - Oracle To High Court: Google's Java Code Copying Was Egregious Plagiarism
Posted on 13 Feb 2020 by Mealeys

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals correctly deemed the copying of thousands of lines of Java code by Google LLC to not have been fair use, Oracle America Inc. argues in its Feb. 12 merits respondent brief to the U.S. Supreme... Read More

Tags: IP/Tech

Mealey's IP/Tech - Booking.com Tells Supreme Court Lanham Act Allows Generic '.Com' Trademarks
Posted on 13 Feb 2020 by Mealeys

WASHINGTON, D.C. - Citing the Lanham Act's "primary significance" test, Booking.com B.V. argues in its Feb. 12 merits respondent brief to the U.S. Supreme Court that the Fourth Circuit U.S. Court of Appeals correctly found that the adding... Read More

Mealey's IP/Tech - 9th Circuit Affirms Dismissal Of Copyright Dispute Over Unicorn
Posted on 13 Feb 2020 by Mealeys

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Feb. 10 upheld findings by a California federal judge that a claimed unicorn design does not display the level of originality needed to merit copyright protection (Pretty in Plastic... Read More

Mealey's IP/Tech - LED Fabrication Patent Singled Out In New Inter Partes Review Petition
Posted on 13 Feb 2020 by Mealeys

ALEXANDRIA, Va. - On Feb. 11, an inter partes review (IPR) petitioner told the Patent Trial and Appeal Board that a patented method of fabricating a semiconductor flip-chip light emitting diode (LED) would have been obvious to a person of skill in the... Read More

Tags: IP/Tech

Mealey's IP/Tech - In Delaware, Indirect, Willful Patent Infringement Claims Dismissed
Posted on 13 Feb 2020 by Mealeys

WILMINGTON, Del. - A Delaware federal judge on Feb. 10 found that an action alleging direct infringement of a method of preparing colloidal nanocrystals using noncoordinating solvents may continue, but that the patent owner's related indirect and... Read More

Tags: IP/Tech

Mealey's IP/Tech - Amazon, Microsoft Debate Discovery, Trump Deposition In JEDI Contract Dispute
Posted on 13 Feb 2020 by Mealeys

WASHINGTON, D.C. - In redacted documents filed Feb. 10 in the U.S. Court of Federal Claims, Amazon Web Services Inc. and Microsoft Corp. argue over Amazon's motion to supplement the administrative record (AR) in its protest of the recent awarding... Read More

Mealey's IP/Tech - In New York, Trademark Owner Wins $116,385 In Attorney Fees, Costs
Posted on 11 Feb 2020 by Mealeys

BROOKLYN, N.Y. - A New York federal magistrate judge on Feb. 6 recommended a total award of $116,385 in attorney fees and costs in a dispute over the "Landstar" trademark, more than $100,000 less than requested by a prevailing plaintiff (Landstar... Read More

Tags: IP/Tech

Mealey's IP/Tech - Intellectual Property Exclusion Bars Coverage For Suit Against Fashion Designer
Posted on 10 Feb 2020 by Mealeys

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 7 affirmed a lower federal court's ruling that a commercial general liability insurance policy intellectual property exclusion relieves the insurer from its duty to defend an underlying lawsuit... Read More

Tags: IP/Tech

Mealey's IP/Tech - Texas False Advertising Claims Yield $6.7M Award, Permanent Injunction
Posted on 10 Feb 2020 by Mealeys

HOUSTON - A federal judge in Texas on Feb. 7 agreed with two plaintiffs that two defendants that falsely advertised their carbon steel flanges as standard-compliant must be permanently enjoined but stood by his earlier rejection of a jury's $26 million... Read More

Tags: IP/Tech

Mealey's IP/Tech - ITC Will Investigate Sonos Patent Infringement Claims Against Google
Posted on 10 Feb 2020 by Mealeys

WASHINGTON, D.C. - The U.S. International Trade Commission (ITC) on Feb. 6 announced that it has launched a probe of Google LLC, following a complaint by Sonos Inc. that the tech giant infringes five patents relating to wireless audio technology (In the... Read More

Tags: IP/Tech

Mealey's IP/Tech - Parties Dispute Service Of Process In Briefing Before Patent Board
Posted on 7 Feb 2020 by Mealeys

ALEXANDRIA, Va. - In a Feb. 6 reply, an inter partes review (IPR) petitioner defended its electronic service of process to counsel for a patent owner, noting that the parties have routinely engaged in such methods of service during concurrent federal... Read More

Tags: IP/Tech

Mealey's IP/Tech - Samsung Prevails In Inter Partes Review Of Communications Patent
Posted on 7 Feb 2020 by Mealeys

ALEXANDRIA, Va. - A Feb. 6 final written decision by the Patent Trial and Appeal Board resulted in the cancellation of a single challenged claim of a mobile communications patent, in a win for an inter partes review (IPR) petitioner (Samsung Electronics... 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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...