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Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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,...

Mealey's IP/Tech - Google Says Lack Of Direct Relationship Dooms Terror-Aiding Complaint

OAKLAND, Calif. - Citing a recent Ninth Circuit U.S. Court of Appeals ruling, Google LLC in a Feb. 6 reply brief supporting its motion to again dismiss claims that it provided aid to the terrorists that carried out the 2015 Paris attacks asserts that the family of a victim failed to establish the necessary...

Mealey's IP/Tech - Coram Nobis, Documents Sought In Remanded Trade Secret, Computer Fraud Suit

SAN FRANCISCO - In a pair of Feb. 7 reply briefs, a man found guilty of federal computer fraud and trade secret misappropriation charges asks a California federal court to grant him a writ of coram nobis to reconsider his prison sentence, in light of subsequent trade secret theft carried out by his former...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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.,...

Mealey's IP/Tech - Rhode Island City Sues Intel For Meltdown, Spectre Security Vulnerabilities

SAN JOSE, Calif. - The city of Providence, R.I., on Feb. 12 filed a consumer protection class action complaint against Intel Corp. in California federal court, charging the microprocessor chip manufacturer with unfair competition and warranty violations related to the recently discovered "Meltdown"...

Mealey's IP/Tech - Blind Patron, Domino's Debate Dismissal Of Website ADA Suit In 9th Circuit

SAN FRANCISCO - A blind man who sued Domino's Pizza LLC for purportedly violating the Americans with Disabilities Act (ADA) with a website that is inaccessible to the visually impaired tells the Ninth Circuit U.S. Court of Appeals in a Feb. 9 reply brief that his complaint was improperly dismissed...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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 that a trial court improperly dismissed its counterclaims under the Sherman Act and California's unfair competition...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - 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...

Mealey's IP/Tech - Disputed Claim Construed By Federal Circuit; Validity Of Patent Confirmed

WASHINGTON, D.C. - In a Feb. 16 holding, the Federal Circuit U.S. Court of Appeals found that although the Patent Trial and Appeal Board erred in omitting the word "average" from its claim construction of a disputed limitation, the board nonetheless correctly deemed three patents nonobvious...

Mealey's IP/Tech - Federal Circuit Sides With Coca-Cola, Deems Claims Patent-Ineligible

WASHINGTON, D.C. - In a Feb. 16 ruling, four patents directed to a specialized radio frequency identification (RFID) were confirmed by the Federal Circuit U.S. Court of Appeals as unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (Automated Tracking Solutions LLC v. The Coca-Cola...