LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Partly Reverses Prior Art Holding By Patent Board

WASHINGTON, D.C. - Although agreeing with the Patent Trial and Appeal Board that a grandparent patent application provides sufficient disclosure to satisfy the written disclosure requirement, the Federal Circuit U.S. Court of Appeals on Dec. 27 reversed and remanded findings that a working prototype...

Mealey's IP/Tech - Boston Band Founder Argues Contract Breach From Ex-Member's Trademark Use

BOSTON - In a Dec. 29 brief to the First Circuit U.S. Court of Appeals, Tom Scholz, who founded the multiplatinum-selling rock band Boston, argues that a former band member's use of the "Boston" trademark to promote his post-Boston musical endeavors breached a previous settlement agreement...

Mealey's IP/Tech - Patent Board: Claims Of Medication Adjustment Method Are Unpatentable

ALEXANDRIA, Va. - In a final written decision issued Jan. 2, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that six claims of a method and apparatus for automatically adjusting patient medication levels would have been obvious to a person of skill in the art (CareFusion...

Mealey's IP/Tech - Juniper Networks, Others Prevail In Inter Partes Review Of Tracking Patent

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Dec. 29 deemed 11 claims of a patented system for tracking electronic assets unpatentable as obvious (Juniper Networks Inc., et al. v. Chrimar Systems Inc., No. IPR2016-01397, PTAB).

Mealey's IP/Tech - Snap Seeks Board Review Of Patents Asserted In California Infringement Case

ALEXANDRIA, Va. - In a series of petitions for inter partes review (IPR) filed since November, Snap Inc. has fired back at a patent owner that accused the social media giant of infringement in a California federal complaint last year; in one petition, filed Dec. 29, Snap asserts that six claims of one...

Mealey's IP/Tech - Health Care Product Maker Files Trademark Infringement, UCL Federal Lawsuit

LOS ANGELES - A California laboratory on Jan. 2 sued several other entities in a California federal court, asserting that they infringed on its trademarks and violated California's unfair competition law (UCL) when they knowingly used the laboratory's federally registered trademarks (Trigg Laboratories...

Mealey's IP/Tech - Music Publisher Sues For $1.6 Billion For Unpaid Songwriter Royalties

LOS ANGELES - A music publishing firm on Dec. 29 sued Spotify USA Inc. for $1.6 billion in California federal court, asserting that the online music-streaming provider has failed to obtain proper licenses to cover royalties to songwriters who hold the copyrights in the compositions for songs that Spotify...

Mealey's IP/Tech - Copyright Claim To Proceed In South Carolina Federal Court

CHARLESTON, S.C. - A copyright infringement plaintiff on Jan. 2 not only defeated a defense motion for summary judgment but also prevailed on its request for sanctions when a South Carolina federal judge agreed that a defendant failed to comply with two interrogatories (Sinclair and Associates of Greenville...

Mealey's IP/Tech - Missouri Federal Judge Won't Compel Prescription Records In Drug Patent Case

ST. LOUIS - In a Jan. 2 memorandum, a Missouri federal judge quashed a motion to compel a Missouri-based pharmacy provider to comply with a subpoena duces tecum issued by a New Jersey federal judge overseeing patent litigation over the narcolepsy drug Xyrem (Par Pharmaceutical Inc. v. Express Scripts...

Mealey's IP/Tech - Government Stance On Registration Vs. Application Sought By Supreme Court

WASHINGTON, D.C. - In its Jan. 8 orders list, the U.S. Supreme Court moved one step closer to resolving a circuit split on whether a copyright infringement lawsuit may commence only upon receipt of a copyright registration or earlier, when an application for copyright is filed (Fourth Estate Public Benefit...

Mealey's IP/Tech - 5th Circuit Affirms: Assignment Extinguishes Standing In Copyright Case

NEW ORLEANS - A Texas federal judge did not err in dismissing, on standing grounds, counterclaims of copyright infringement by various Tejano recording artists, the Fifth Circuit U.S. Court of Appeals ruled Jan. 4 (Hacienda Records L.P. v. Ruben Ramos, et al., No. 16-41180, 5th Cir., 2018 U.S. App. LEXIS...

Mealey's IP/Tech - Overturning Achates, Federal Circuit Says Time-Bar Rulings Are Appealable

WASHINGTON, D.C. - In a divided Jan. 8 ruling, an en banc Federal Circuit U.S. Court of Appeals found that the bar on judicial review of decisions to institute inter partes review (IPR) does not extend to determinations that a petition for IPR is time-barred under the America Invents Act (AIA), 35 U...

Mealey's IP/Tech - Federal Circuit Vacates Finding Apotex Infringed Drug Delivery Patents

WASHINGTON, D.C. - A Delaware federal judge erred by failing to construe "extended release coating" as the term appears in two drug delivery patents as requiring a continuous outer film, in light of intrinsic evidence, the Federal Circuit U.S. Court of Appeals ruled Jan. 4 (Aptalis Pharmatech...

Mealey's IP/Tech - 9th Circuit Partly Affirms, Partly Reverses In Oracle, Rimini Copyright Case

SAN FRANCISCO - In a Jan. 8 decision, the Ninth Circuit U.S. Court of Appeals upheld a Nevada federal judge's determination that a third-party software support company committed copyright infringement when it relied on a license granted to one customer to copy software from the Oracle USA Inc. website...

Mealey's IP/Tech - Festival Host To 9th Circuit: 'Life Is Beautiful' Marks Were Fraudulently Obtained

SAN FRANCISCO - The organizer of the annual "Life is Beautiful" festival tells the Ninth Circuit U.S. Court of Appeals in a Jan. 5 brief that an artist's trademark claims related to that phrase were properly dismissed due to unclean hands and a failure to use the asserted marks in commerce...

Mealey's IP/Tech - Certiorari Denied In Dispute Over Fee Award In Longstanding Patent Case

WASHINGTON, D.C. - A June 2017 decision by the Federal Circuit U.S. Court of Appeals to reverse, for a second time, a Pennsylvania federal judge's award of attorney fees on behalf of a prevailing patent defendant will stand, thanks to a denial of certiorari in the case Jan. 8 by the U.S. Supreme...

Mealey's IP/Tech - 11th Circuit Affirms: Former Member Has No Right To 'Commodores' Mark

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 9 found that when Thomas McClary departed the Grammy Award-winning band The Commodores in 1984, he forfeited his common-law rights to use and profit from "The Commodores" trademark (Commodores Entertainment Corporation v. Thomas McClary...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Anticipation, Obviousness Rulings

WASHINGTON, D.C. - A final decision by the Patent Trial and Appeal Board (PTAB) that upheld an examiner's rejection of various claims of a patented process for crossing, or mating, two parent soybean lines was affirmed Jan. 8 by the Federal Circuit U.S. Court of Appeals (Monsanto Technology LLC v...

Mealey's IP/Tech - Federal Circuit Affirms: Malware Detection Patent Is Patent-Eligible

WASHINGTON, D.C. - Although upholding a California federal judge's determination of patent eligibility, the Federal Circuit U.S. Court of Appeals on Jan. 10 deemed a defendant entitled to judgment as a matter of law (JMOL) with regard to a separate patent on grounds that an accused malware detection...

Mealey's IP/Tech - Patent Owner, Challenger Both Appeal Board Rulings To Federal Circuit

WASHINGTON, D.C. - An inter partes review (IPR) petitioner that successfully established obviousness of 32 claims of three patents nonetheless argues in a Jan. 9 brief that the Patent Trial and Appeal Board ruling did not go far enough and should have instead invalidated all challenged claims (Vivint...

Mealey's IP/Tech - Federal Circuit Holds Oral Arguments In Dispute Over Denied Fee Award

WASHINGTON, D.C. - A dispute over the question of whether an "exceptional case" finding in a district court can be based on events that occur during an inter partes re-examination or review was argued before the Federal Circuit U.S. Court of Appeals on Jan. 10 (SAP America Inc. v. Wellogix...

Mealey's IP/Tech - 6th Circuit Reinstates Dispute Over Riflescope Trade Dress Protection

CINCINNATI - A rejection on summary judgment of allegations that a riflescope maker committed trade dress infringement through the design of its knurling was erroneous, the Sixth Circuit U.S. Court of Appeals ruled Jan. 10 (Leapers Inc. v. SMTS LLC, et al., No. 17-1007, 6th Cir., 2018 U.S. App. LEXIS...

Mealey's IP/Tech - Patent Board Sides With Apple, Deems All Challenged Claims Obvious

ALEXANDRIA, Va. - In a Jan. 11 final written decision, the Patent Trial and Appeal Board deemed all 24 challenged claims of a data compression patent obvious under Section 103(a) of the Patent Act, 35 U.S.C. 103(a) (Apple Inc. v. Realtime Data LLC, No. IPR2016-01366, PTAB).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Fees In Honeywell Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge did not err in determining that allegations of infringement of a patent later deemed invalid for violating Section 102 of the Patent Act, 35 U.S.C. 102, were not exceptional, the Federal Circuit U.S. Court of Appeals affirmed Jan. 11 (Honeywell International...

Mealey's IP/Tech - Patent Owner Prevails In Final Written Decision By Patent Board

ALEXANDRIA, Va. - A patent relating to Novartis AG's Afinitor anti-cancer drug was confirmed as patentable Jan. 11 in a final written decision by the Patent Trial and Appeal Board, which rebuffed allegations of obviousness by Par Pharmaceutical Inc. and other drug makers (Par Pharmaceutical Inc....