Mealeys

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Mealey's IP/Tech - Federal Circuit Vacates Patent Board's Obviousness Holding
Posted on 16 Oct 2019 by Mealeys

WASHINGTON, D.C. - A combination of prior art references relied upon by the Patent Trial and Appeal Board does not present substantial evidence of obviousness, the Federal Circuit U.S. Court of Appeals ruled Oct. 15 (Knauf Insulation Inc. v. Rockwool... Read More

Mealey's IP/Tech - Federal Circuit Reverses, Remands Rejected Patent Application
Posted on 16 Oct 2019 by Mealeys

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that affirmed an examiner's rejection of a handheld device patent application was reversed Oct. 16 by the Federal Circuit U.S. Court of Appeals, which found that the board's holding... Read More

Mealey's IP/Tech - Personal Jurisdiction Sufficiently Shown In Trade Secrets Dispute
Posted on 11 Oct 2019 by Mealeys

CINCINNATI - A federal judge in Ohio on Oct. 8 ruled that a medical device maker has sufficiently shown that personal jurisdiction exists over its claims in a trade secret misappropriation lawsuit against former business associates based in China under... Read More

Mealey's IP/Tech - Third-Party Complaint Claims Trimmed In Trademark, Trade Secret Dispute
Posted on 11 Oct 2019 by Mealeys

MIAMI - In an Oct. 9 order, a federal judge in Florida partially granted a motion to dismiss in part filed by counterdefendants in a trademark infringement lawsuit, ruling, in particular, that counterplaintiffs in the action have failed to sufficiently... Read More

Mealey's IP/Tech - 7th Circuit Remands Groupon Right Of Publicity Suit For Jurisdictional Finding
Posted on 11 Oct 2019 by Mealeys

CHICAGO - Concluding that Groupon Inc. failed to properly plead federal diversity jurisdiction in removing a right of publicity putative class action from state court, a Seventh Circuit U.S. Court of Appeals panel on Oct. 9 remanded an appeal over a class... Read More

Mealey's IP/Tech - Federal Circuit Upholds Claim Preclusion Ruling In Patent Dispute
Posted on 10 Oct 2019 by Mealeys

WASHINGTON, D.C. - A federal judge in Texas did not err in denying an inventor's motion to transfer his patent infringement case against Huawei Technologies Co. Ltd. to California or in deeming the dispute precluded in view of a previously filed lawsuit... Read More

Mealey's IP/Tech - Pfizer Seeks Dismissal Of Claims In Trade Secret Dispute With Merck
Posted on 9 Oct 2019 by Mealeys

PHILADELPHIA - A federal judge in Pennsylvania should deny pharmaceutical company Pfizer Inc.'s motion to dismiss a trade secret misappropriation lawsuit filed against it and one of its employees because each of Pfizer's arguments in support of... Read More

Mealey's IP/Tech - Panel Upholds Fee Award For Trade Dress, Trademark Defendant
Posted on 9 Oct 2019 by Mealeys

SAN FRANCISCO - A California federal judge did not err in granting $518,817 in attorney fees to a vineyard accused of infringing the trade dress of Sazerac Co. Inc.'s "Buffalo Trace" bourbon, the Ninth Circuit U.S. Court of Appeals ruled... Read More

Mealey's IP/Tech - 6th Circuit Vacates Summary Judgment On Copyright Claim
Posted on 9 Oct 2019 by Mealeys

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Oct. 7 vacated a Michigan federal judge's grant of summary judgment that two defendants are not liable for copyright infringement because the copyrights at issue were not unambiguously... Read More

Mealey's IP/Tech - Patent Office To High Court: 'All Expenses' Phrase Is Unambiguous
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - Deputy Solicitor General Malcolm L. Stewart on Oct. 7 argued that the U.S. Supreme Court should reverse a June 2018 en banc Federal Circuit U.S. Court of Appeals holding that the U.S. Patent and Trademark Office (PTO) cannot recoup... Read More

Mealey's IP/Tech - Supreme Court Won't Review Dispute Over Trademark Fraud Standard
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - A purported split among the circuit courts of appeal as to what constitutes fraud on the U.S. Patent and Trademark Office (PTO) will not be resolved by the U.S. Supreme Court, which on Oct. 7 denied a petition for certiorari by a trademark... Read More

Mealey's IP/Tech - Certiorari Denied In Dispute Over Patent Fraud Jurisdiction
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - In its Oct. 7 order list, the U.S. Supreme Court declined to take on a dispute that poses the question of which court of appeals is tasked with deciding antitrust cases involving allegations of improper enforcement of a fraudulently... Read More

Mealey's IP/Tech - Panel Reverses Patent Board Obviousness Ruling In Tarceva Case
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 4 disagreed with a determination by the Patent Trial and Appeal Board that a person of ordinary skill in the art would have enjoyed a reasonable expectation of success in treating non... Read More

Mealey's IP/Tech - Supreme Court Won't Hear Petition Over CDA Immunity In Grindr Negligence Suit
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - A petition for certiorari over the application of an immunity defense under the Communications Decency Act (CDA), which was filed by a New York man who brought negligence and product liability claims against Grindr LLC after he was... Read More

Mealey's IP/Tech - High Court Denies Copyright Volitional Conduct Petition Over Online Photo Use
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 declined to consider three questions over the role that volitional conduct plays in copyright infringement, denying a petition for certiorari by a real estate photography firm, which sued Zillow Inc... Read More