Subscribe: LexisNexis® Mealey's™ Intellectual Property Legal News
http://feeds.feedburner.com/IntellectualPropertyLegalNews
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
circuit court  circuit  court appeals  court  federal circuit  federal judge  federal  judge  june  lexis  patent  washington 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Intellectual Property Legal News

LexisNexis® Mealey's™ Intellectual Property Legal News



Headline Intellectual Property Legal News from LexisNexis®



 



Federal Circuit Vacates Written Description Findings By Patent Board
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that various claims of patents owned by the board of trustees of the Leland Stanford Junior University are unpatentable for lack of written descriptive support were erroneous, the Federal Circuit U.S. Court of Appeals ruled June 27 (Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong, No. 15-2011, Fed. Cir., 2017 U.S. App. LEXIS 11382).



Federal Circuit Reverses Denial Of Fee Award In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge's decision to deny a prevailing patent infringement defendant an award of attorney fees was reversed July 5 by the Federal Circuit U.S. Court of Appeals (AdjustaCam LLC v. Newegg Inc., et al., No. 16-1882, Fed. Cir., 2017 U.S. App. LEXIS 11922).



Federal Circuit Affirms Denial Of Fees, Reverses Dismissal With Prejudice
WASHINGTON, D.C. - Although a Texas federal judge did not err in denying a request for attorney fees by myriad defendants in a patent action, his decision to dismiss an invalidity counterclaim with prejudice was reversed July 5 by the Federal Circuit U.S. Court of Appeals (Parallel Networks LLC v. Kayak Software Corporation, et al., Nos. 15-1681, 16-1944, Fed. Cir., 2017 U.S. App. LEXIS 11921).



New York Federal Judge Won't Reconsider Fee Award In Patent Case
NEW YORK - A December 2016 ruling that a patent plaintiff and its attorneys pursued their case in bad faith will not be revisited, a New York federal judge ruled July 6 (AlphaCap Ventures LLC v. Gust Inc., No. 15-6192, S.D. N.Y., 2017 U.S. Dist. LEXIS 104411).



Timing Of Email Dooms Sanctions Request In Design Patent Case
BOSTON - Allegations of design patent infringement were withdrawn within the 21-day safe harbor period proscribed by Federal Rule of Civil Procedure 11, a Massachusetts federal judge ruled July 6 in denying a request for sanctions (Caffeinate Labs Inc. v. Vante Inc., et al., No. 16-12480, D. Mass, 2017 U.S. Dist. LEXIS 104265).



Blood Pressure Medicine Insurance Action Remanded After Patent Claims Dismissed
CHICAGO - Dismissal of a couple's antitrust and patent claims against a name-brand blood pressure medicine manufacturer for lack of standing leaves only state-based claims against an insurer for failing to cover the drug, a federal judge in Illinois held July 5 in remanding the action (Tarek Farag and Soona Farag v. Health Care Service Corp., d/b/a Blue Cross Blue Shield of Illinois and Novartis Pharmaceuticals Corp., No. 17-2547, N.D. Ill., 2017 U.S. Dist. LEXIS 103302).



Delaware Federal Judge Won't Dismiss Patent Claim On Section 101 Grounds
WILMINGTON, Del. - An effort by a defendant to obtain dismissal of allegations that it infringed a patented invention that - among other things - would purportedly replace human meter readers was unsuccessful July 11, when a Delaware federal judge ruled that the case should proceed (Smart Meter Technologies Inc. v. Duke Energy Corporation, No. 16-208, D. Del., 2017 U.S. Dist. LEXIS 106493).



Federal Circuit Partly Affirms, Partly Vacates In Appeal Of Patent Board Ruling
WASHINGTON, D.C. - Google Inc. prevailed outright in its cross-appeal of an adverse determination of patentability by the Patent Trial and Appeal Board, when the Federal Circuit U.S. Court of Appeals on July 10 ruled that 11 claims of a touch-screen, image-generating patent were erroneously deemed not anticipated or obvious (Google Inc. v. Intellectual Ventures II LLC, Nos. 16-1543, -1545, Fed. Cir., 2017 U.S. App. LEXIS 12234).



Federal Circuit Vacates Denial Of Injunction In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge's decision to deny a patent plaintiff permanent injunctive relief, following a jury verdict of infringement, was vacated by the Federal Circuit U.S. Court of Appeals on July 11 (Genband US LLC v. Metaswitch Networks Corp., et al., No. 17-1148, Fed. Cir., 2017 U.S. App. LEXIS 12233).



House Subcommittee Holds Hearing On Impact Of 'Bad' Patents, Trolls
WASHINGTON, D.C. - U.S. Rep. Darrel Issa, R-Calif., on July 13 deemed "reprehensible" a recent interpretation by U.S. Judge J. Rodney Gilstrap of the Eastern District of Texas of the U.S. Supreme Court's holding in TC Heartland LLC v. Kraft Foods Grp. Brands LLC during a meeting of the House Judiciary Committee Subcommittee on Courts, Intellectual Property and the Internet.



Collapsible Shoe Patent Would Have Been Obvious, New Petition Alleges
ALEXANDRIA, Va. - In a request for inter partes review filed June 28, a patent owned by Reebok International Ltd. that discloses a collapsible shoe was accused of unpatentability pursuant to Section 103 of the Patent Act, 35 U.S.C. 103 (Elite Performance Footwear LLC v. Reebok International Ltd., No. IPR2017-01689, PTAB).



Finjan Patent Accused Of Obviousness In New Inter Partes Review Petition
ALEXANDRIA, Va. - In a July 4 filing before the Patent Trial and Appeal Board, a petitioner claimed that a Finjan Inc. patent covering anti-virus software is obvious and anticipated under Sections 102 and 103(a) of the Patent Act, 35 U.S.C. 102, 103(a) (ESET LLC v. Finjan Inc., No. IPR2017-01738, PTAB).



Sony Digital Signal Patent Challenged In New Inter Partes Review Petition
ALEXANDRIA, Va. - A patent covering a system that supplies digital signals in a variety of formats to accommodate different types of external units, assigned by its inventors to Sony Corp., would have been obvious to a person of ordinary skill in the art, several petitioners allege in a July 11 filing with the Patent Trial and Appeal Board (ARRIS International plc, et al. v. Sony Corporation, No. IPR2017-01699, PTAB).



Text Entry Method Patent Challenged By Microsoft In New PTAB Petition
ALEXANDRIA, Va. - In a July 11 petition for inter partes review filed with the Patent Trial and Appeal Board, Microsoft Corp. and Microsoft Mobile Inc. allege that a patent that claims a method of text entry on devices such as handheld computers would have been obvious as of the patent's priority date of June 2001 (Microsoft Corporation, et al. v. Koninklijke Philips Electronics N.V., No. IPR2017-01766, PTAB).



Post-Grant Review Of Oral Lisinopril Patent Sought By Drug Maker
ALEXANDRIA, Va. - In a July 10 petition for post-grant review (PGR), a pharmaceutical company and a limited liability company that bills itself as a "partner" in inter partes review proceedings alleged that a patent covering an oral, liquid lisinopril formulation should not have been issued (KVK-Tech Inc., et al. v. Silvergate Pharmaceuticals Inc., No. PGR2017-00039, PTAB).



5th Circuit Affirms: Copyright Claim Against American Girl Fails
NEW ORLEANS - Allegations that several books in the "American Girl" series infringe the copyright of an unpublished novel were properly rejected by a Louisiana federal judge, the Fifth Circuit U.S. Court of Appeals held June 29 in a per curiam ruling (Melva Leona Vallery v. American Girl L.L.C., No. 15-30472, 5th Cir., 2017 U.S. App. LEXIS 11647).



Induced Copyright Infringement Claim Tossed By California Federal Judge
SAN DIEGO - Allegations that various individuals working at the behest of musician Carlos Santana induced others to infringe copyrighted artwork were dismissed July 6 by a California federal judge (Eric Gottesman v. Carlos Santana, et al., No. 16-2902, S.D. Calif., 2017 U.S. Dist. LEXIS 104548).



Architectural Expert's Testimony Mostly Allowed In Home Design Copyright Case
CLEVELAND - Most of an architectural expert's testimony in a home design copyright infringement case is reliable and will be helpful in deciding the key issues in dispute; however, he is not allowed to give legal opinions or "dictate the conclusion" of the case, an Ohio federal magistrate judge held July 3 (Design Basics LLC v. Petros Homes Inc., et al., No. 14-1966, N.D. Ohio, 2017 U.S. Dist. LEXIS 102931).



California Magistrate Judge Dismisses Trade Secret, Copyright Misuse Claims
SAN FRANCISCO - An affirmative defense of copyright misuse was stricken by a California federal judge on July 5 in a dispute over golf club and golf training aid designs (Jonathan Wang v. Golf Tailor LLC, No. 17-898, N.D. Calif., 2017 U.S. Dist. LEXIS 103654).



New York Federal Copyright Claim Against Associated Press Survives Motion
NEW YORK - A request by The Associated Press and Hearst Communications Inc. for judgment on the pleadings on allegations that they committed copyright infringement was denied July 7 by a New York federal judge, who found that material issues of disputed fact exist with regard to the date the infringement first took place (Michael Grecco v. The Associated Press, et al., No. 16-6240, S.D. N.Y., 2017 U.S. Dist. LEXIS 105264).



8th Circuit: Arbitration Not Compelled By Prior Trademark Settlement
ST. LOUIS - An Arkansas federal judge properly denied a motion to compel arbitration of a trademark infringement action based upon a clause in a prior settlement of a similar dispute, the Eighth Circuit U.S. Court of Appeals ruled July 3 (Zetor North America Inc. v. Brent Rozeboom, et al., No. 16-2125, 8th Cir., 2017 U.S. App. LEXIS 11790).



Washington Federal Judge Denies Injunctive Relief In Counterfeiting Case
SPOKANE, Wash. - A request for declarations of noncounterfeiting and noninfringement with regard to the "PA Mask" trademark will proceed without a preliminary injunction in place, in light of a July 3 ruling by a Washington federal judge (The McBride Organization LLC v. Dominique Wenger, et al., No. 17-231, E.D. Wash., 2017 U.S. Dist. LEXIS 102943).



Canadian High Court Upholds Global Injunction On Google Search Results
OTTAWA, Ontario - A Canadian trial court properly issued an injunction requiring Google Inc. to remove the links to a trademark infringer's websites worldwide, a Supreme Court of Canada majority ruled June 28, finding that an injunction over just Google's Canadian sites would not sufficiently combat the infringing activities (Google Inc. v. Equustek Solutions Inc., et al., No. 36602, Canada Sup.).



9th Circuit Reverses, Remands In Longstanding Trademark Case
SAN FRANCISCO - A plaintiff adequately pleaded a cause of action for trademark infringement under a reverse confusion theory of likely confusion to withstand a defense motion for summary judgment, the Ninth Circuit U.S. Court of Appeals ruled July 7, reversing findings by a California federal judge that reverse confusion is a separate claim that must be specifically pleaded (Marketquest Group Inc. v. BIC Corp., No. 15-55755, 9th Cir., 2017 U.S. App. LEXIS 12165).



Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling
LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).



Claim Constructions Debated In New Patent Appeal To Federal Circuit
WASHINGTON, D.C. - In a July 6 reply brief, a patent owner disputes assertions by the U.S. Patent and Trademark Office that the patent owner's appeal of an adverse inter partes review (IPR) outcome seeks a narrower claim construction of a temperature limitation that would render various dependent claims superfluous (ZoomEssence Inc. v. Joseph Matal, Acting Director of the U.S. Patent and Trademark Office, No. 17-1581, Fed. Cir.).



Patent Owner: Apparatus Claims Erroneously Deemed Indefinite
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 13 heard oral arguments in a dispute in which Microsoft Corp. prevailed on allegations that two data-mining patents are indefinite (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir.).



Federal Circuit Holds Oral Arguments In Apple, Rembrandt Patent Case
WASHINGTON, D.C. - A panel of Federal Circuit U.S. Judges Sharon Prost, Raymond T. Chen and Todd M. Hughes heard oral argument on July 10 in a case that asserts that a California federal judge erroneously granted defendant Apple Inc. summary judgment on allegations of patent infringement (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).



Ericsson Tells Federal Circuit Patent Board Erred In Confirming Patentability
WASHINGTON, D.C. - A patent challenger recently told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board "violated a basic tenet of patent law" in turning away allegations of obviousness presented in a petition for inter partes review (IPR) (Ericsson Inc. v. Intellectual Ventures I LLC, No. 17-1521, Fed. Cir.).



Dungaree Maker Tells 2nd Circuit 2003 Agreement Bars Trademark Claims
NEW YORK - A New Jersey-based dungaree manufacturer argues in a July 10 brief in the Second Circuit U.S. Court of Appeals that a 2003 agreement that settled a previous trademark dispute with a rival clothier serves to bar the present trademark claims brought against it by that same company (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).



Bourbon Seller Tells 5th Circuit Its Trademark Was Wrongly Deemed Abandoned
NEW ORLEANS - A high-end bourbon whiskey distributor argues in a June 30 brief to the Fifth Circuit U.S. Court of Appeals that a jury incorrectly found its "Cowboy Little Barrel" trademark to be abandoned because it was wrongly precluded from presenting evidence of an intent to resume use of the mark (Allied Lomar Inc. v. Lone Star Distillery LLC, et al., No. 17-50148, 5th Cir.).



Day Care Firm Says National Marketing Did Not Violate Regional Trademark Order
RICHMOND, Va. - In a July 5 reply brief to the Fourth Circuit U.S. Court of Appeals, a day care operator argues that a national marketing campaign in which it participated did not run afoul of a consent judgment prohibiting it from offering services under the "Rainbow" trademark in the Fayetteville, N.C., area and, thus, a contempt ruling against it should be reversed (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., Nos. 17-1055 and 17-1123, 4th Cir.).



Internet Service Provider Appeals Infringement Ruling, Fees Award To 4th Circuit
RICHMOND, Va. - With briefing completed on its appeal of a trial court finding it contributorily liable for users' online infringement, an internet service provider (ISP) on June 28 filed a supplemental brief in the Fourth Circuit U.S. Court of Appeals, voicing its objections to a subsequent award of attorney fees against it (BMG Rights Management [US] LLC, et al. v. Cox Communications Inc., et al., No. 16-1972, 17-1352 and 17-1353, 4th Cir.).



Megaupload Executives Say Circuit Split Requires Review Of Foreign Asset Seizure
WASHINGTON, D.C. - Former executives of the now-defunct file-sharing service Megaupload filed a reply brief in the U.S. Supreme Court on June 21, supporting their petition for certiorari and urging review and clarification of procedures governing the seizure of foreign assets under the Civil Asset Forfeiture Reform Act (CAFRA), which the petitioners say the U.S. government wrongly invoked to seize their assets in a criminal copyright case (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



Amazon Waives Right To Respond To Author's DMCA Claims, Petition For Certiorari
WASHINGTON, D.C. - In the wake of trial and appeals court rulings in its favor, Amazon.com Inc. on June 28 waived its right to respond to a pro se plaintiff's petition for certiorari in the U.S. Supreme Court, in which he asserts that the online retailer was negligent in its duty to remove infringing items from its website under the Digital Millennium Copyright Act (DMCA) (Reginald Hart v. Amazon.com Inc., No. 16-1549, U.S. Sup.).



Supreme Court Invites Government Views In Apple, Samsung Patent Case
WASHINGTON, D.C. - In its June 26 orders list, the U.S. Supreme Court invited the U.S. solicitor general to express the views of the federal government on whether an injunction in a patent case can be premised on findings of "some connection" between an infringing feature and alleged irreparable harm (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Supreme Court Denies Review Of Patent Definiteness Standard
WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court rejected a petition for certiorari in a case questioning the general rule that each element in a patent claim is material to an invention's scope when assessing definiteness under Section 112 of the Patent Act, 35 U.S. Code 112 (Cox Communications Inc., et al. v. Sprint Communications Company LP, et al., No. 16-1106, U.S. Sup.).



Federal Circuit Affirms: Method Of Testing Bodily Samples Not Patent Eligible
WASHINGTON, D.C. - An Ohio federal judge did not err in deeming three patents for testing bodily samples for myeloperoxidase (MPO) ineligible for patent protection under the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled June 16 (Cleveland Clinic Foundation, et al. v. True Health Diagnostics LLC, No. 16-1766, Fed. Cir., 2017 U.S. App. LEXIS 10672).



Federal Circuit Affirms Dismissal Of Patent Case, Finds Jurisdiction Lacking
WASHINGTON, D.C. - A Kansas federal judge's reliance, in dismissing on jurisdiction grounds, on a choice-of-law provision in a nondisclosure agreement (NDA) between a patent owner and a potential licensee was not erroneous, the Federal Circuit U.S. Court of Appeals ruled June 19 (NexLearn LLC v. Allen Interactions Inc., No. 16-2170, Fed. Cir., 2017 U.S. App. LEXIS 10735).



Delaware Federal Jury Awards $235 Million On Patent Infringement Claims
WILMINGTON, Del. - A drug maker was ordered June 20 by a jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware to pay GlaxoSmithKline PLC (GSK) $235.5 million in damages in connection with its marketing of generic Coreg as a treatment for chronic heart failure (CHF) (GlaxoSmithKline PLC v. Teva Pharmaceuticals USA Inc., No. 14-877, D. Del.).



California Federal Judge Won't Strike Patent Infringement Counterclaim
SAN FRANCISCO - A motion by declaratory judgment plaintiff Comcast Cable Communications to strike with prejudice infringement contentions relating to five patents was denied June 20 by a California federal judge (Comcast Cable Communications v. OpenTV Inc. and Nagravision SA, No. 16-6180, N.D. Calif., 2017 U.S. Dist. LEXIS 94117).



Grant Of Priority By Patent Board Upheld By Federal Circuit
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that a high amount of experimentation is necessary to synthesize a claimed compound for treating hepatitis C and that a provisional application did not enable the interference subject matter were affirmed June 21 by the Federal Circuit U.S. Court of Appeals (Richard Storer, et al. v. Jeremy Clark, No. 15-1802, Fed. Cir.).



Federal Circuit Rules Against Samsung, Confirms Validity Of Patents
WASHINGTON, D.C. - Samsung Electronics America Inc. and other appellants on June 23 failed to persuade the Federal Circuit U.S. Court of Appeals that three patents challenged through inter partes review were erroneously deemed valid by the Patent Trial and Appeal Board (Samsung Electronics America Inc., et al. v. Straight Path IP Group Inc., Nos. 2016-2004, -2008, -2009, -2019, -2020, -2021, -2112, -2113, -2114, -2182, -2183, -2184, Fed. Cir., 2017 U.S. App. LEXIS 11162).



Divided Federal Circuit: PTO Entitled To Fees When Defending Patent Denials
WASHINGTON, D.C. - A Virginia federal judge's decision to deny the U.S. Patent and Trademark Office (PTO) an award of attorney fees incurred in connection with defending the rejection of a patent application was reversed June 23 by a divided Federal Circuit U.S. Court of Appeals (Nantkwest Inc. v. Joseph Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).



Federal Circuit Reverses, Vacates Noninfringement Judgment, Fee Award
WASHINGTON, D.C. - In a June 23 ruling, the Federal Circuit U.S. Court of Appeals found that a Texas federal judge erroneously granted a defendant summary judgment of noninfringement with regard to a wastewater treatment system patent (Mark N. Chaffin v. Michael R. Braden, et al., No. 16-2572, Fed. Cir., 2017 U.S. App. LEXIS 11164).



Crossbow Assembly Targeted In New Petition For Inter Partes Review
ALEXANDRIA, Va. - The Patent Trial and Appeal Board was asked June 19 to review the patentability of a release assembly for a crossbow on grounds that the assembly was anticipated by a prior art crossbow marketed as "Stryker" (Ravin Crossbows v. Precision Shooting Equipment Inc., No. IPR2017-01640, PTAB).



Patent Board Enters Adverse Judgment, Cancels Claims
ALEXANDRIA, Va. - At the request of a patent owner, the Patent Trial and Appeal Board on June 19 entered an adverse judgment, canceling eight claims of a semiconductor patent (Broadcom Limited v. Tessera Inc., No. IPR2017-00889, PTAB).



Patent Covering Diabetes Drug Fortamet At Issue In New Review Petition
ALEXANDRIA, Va. - In a June 23 petition for inter partes review (IPR), Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. (Aurobindo, collectively) took aim at the patented pharmaceutical formulation metformin hydrochloride, marketed as extended-release tablets by Andrx Corp. under the brand name Fortamet (Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. v. Andrx Corporation, No. IPR2017-01673, PTAB).



Microsoft Tells Patent Board: Dialect Translator Patent Is Obvious
ALEXANDRIA, Va. - Several months after Google Inc. failed to persuade the Patent Trial and Appeal Board to review various claims of a patent directed to the digital translation technique of "dialectal standardization" Microsoft Corp. requested inter partes review (IPR) of many of the same claims, but asserting different prior art (Microsoft Corp. v. Improved Search LLC, No. IPR2017-01614, PTAB).



In Final Written Decision, Patent Board Upholds Fraud Detection Patent
ALEXANDRIA, Va. - Assertions of obviousness levied in connection with a patented process for detecting fraudulent conduct based upon a user's telephone number were rejected June 26 by the Patent Trial and Appeal Board (Twilio Inc. v. Telesign Corp., No. IPR2016-00360, PTAB).



Supreme Court Affirms: Disparagement Clause Violates The Constitution
WASHINGTON, D.C. - In a ruling announced June 19, the U.S. Supreme Court agreed with the Federal Circuit U.S. Court of Appeals that the disparagement clause of the Lanham Act, 15 U. S. C. 1052(a), which bars registration of trademarks deemed disparaging, violates the free speech clause of the First Amendment because trademarks "are private, not government, speech" (Matal, Interim Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).



$2.4 Million In Gross Revenue Awarded On Trademark Claims
LOS ANGELES - In a June 8 judgment, a California federal judge finalized a May 30 order that directed a coffee company to pay the heirs of Bob Marley's estate $2.8 million in damages, a figure that includes $2.4 million in gross revenue attributable to the coffee company's infringement of the "Marley" trademark (Fifty-Six Hope Road Music Limited, et al. v. Jammin Java Corporation, No. 16-5810, C.D. Calif.).



Judge Refuses To Strike Answer To Tax Firm's Infringement, UCL Claims
SAN FRANCISCO - A California federal judge on June 16 partially granted a tax firm's motion to strike parts of an answer to its complaint in which it asserts that various defendants infringed on its trademarks and violated California's unfair competition law (UCL), but refused to strike parts of the answer that assert an affirmative defense such as unclean hands or other equitable defense (Anderson Tax LLC v. Stephane Laffont-Reveilhac, et al., No. 17-cv-01311-EMC, N.D. Calif., 2017 U.S. Dist. LEXIS 93298).



Florida Magistrate Judge Denies Motion, Finds Disputed Mark Not Generic
MIAMI - A request for summary judgment by three defendants accused of trademark infringement was denied June 22 by a Florida federal magistrate judge who disagreed with the defendants' contention that "Automated Production Equipment" is a generic name when applied to a plaintiff's business that operates under the APE acronym (Scheu & Scheu Inc. v. Casey Scheu, et al., No. 15-10147, S.D. Fla., 2017 U.S. Dist. LEXIS 96405).



Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act
SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement in relation to certain designs significantly threatened or harmed competition (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist. LEXIS 95000).



9th Circuit Vacates Denial Of Injunction In Trade Dress Dispute
SAN FRANCISCO - A plaintiff on June 26 prevailed in an interlocutory appeal to the Ninth Circuit U.S. Court of Appeals of a California federal judge's decision to deny preliminary injunctive relief in a dispute over paint ball trade dress (GI Sportz Inc., et al. v. APX Gear LLC, No. 16-56882, 9th Cir., 2017 U.S. App. LEXIS 11326).



Supreme Court Denies Certiorari In Dancing Baby Copyright Case
WASHINGTON, D.C. - Following a May amicus brief from the U.S. government urging that certiorari be denied in a longstanding copyright dispute over a viral video, the U.S. Supreme Court on June 19 indicated that it will not hear the case (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Supreme Court Denies Certiorari In Copyright Preemption Case
WASHINGTON, D.C. - In its June 19 orders list the U.S. Supreme Court announced that it will not review a Fifth Circuit U.S. Court of Appeals holding that Section 301(a) of the Copyright Act, 17 U.S.C. 301(a), preempts state law claims relating to ideas expressed in tangible media (Ultraflo Corp. v. Pelican Tank Parts Inc., et al., No. 16-1085, U.S. Sup.).



High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit
WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over him in a copyright infringement lawsuit brought by a group of record labels (Michael Robertson v. EMI Christian Music Group, et al., No. 16-1227, U.S. Sup., 2017 U.S. LEXIS 3969).



Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict
SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled June 20 (VHT Inc. v. Zillow Group Inc., No. 15-1096, W.D. Wash.; 2017 U.S. Dist. LEXIS 95010).



9th Circuit Upholds Copyright, Trademark Judgment And Award
SAN FRANCISCO - A $1.95 million statutory damage award issued in favor of copyright and trademark infringement plaintiff Microsoft Corp. will stand, in light of a June 27 ruling by the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Buy More Inc., et al., No. 15-56544, 9th Cir., 2017 U.S. App. LEXIS 11454).



No Irreparable Harm Showing Leads To Denial Of Injunction In Trade Secrets Suit
WEST PALM BEACH, Fla. - A software company has failed to show that it will suffer irreparable harm unless an injunction is issued preventing defendants in a misappropriation of trade secrets and copyright infringement lawsuit from continuing to misappropriate the company's confidential and proprietary information a federal judge in Florida ruled June 12 in denying the company's motion for preliminary injunction (Compulife Software Inc. v. Moses Newman, et al., No. 16-81942, S.D. Fla., 2017 U.S. Dist. LEXIS 89674).



Federal Judge Refuses To Transfer Coverage Suit Over Intellectual Property Claims
SEATTLE - A Washington federal judge on June 13 denied a general liability insurer's motion to transfer the venue of an insured's lawsuit seeking coverage for underlying claims that it violated Microsoft Inc.'s intellectual property rights and committed wrongful business practices (TekVisions Inc. v. The Hartford Casualty Insurance Co., No. 16-1946, W.D. Wash., 2017 U.S. Dist. LEXIS 91583).



Professional Services Exclusion Does Not Apply, Federal Judge Reiterates
CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use the competitor's copyrighted material and other confidential information (Caveo, LLC v. Citizens Insurance Company of America, Inc., et al., No. 15-6200, N.D. Ill., 2017 U.S. Dist. LEXIS 95432).



Dispute Over Radio Frequency ID Patents Briefed Before Federal Circuit
WASHINGTON, D.C. - A Georgia federal judge erroneously rejected various patents covering a specialized radio frequency identification (RFID) system as unpatentable under Section 101 of the Patent Act, 35 U.S.C. 101, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Automated Tracking Solutions LLC v. The Coca-Cola Company, No. 17-1494, Fed. Cir.).



Patent Dispute Over 'Versa' Board Debated Before Federal Circuit
WASHINGTON, D.C. - An infringement action over the "Versa" water recreation board was terminated on the basis of an erroneous summary judgment of patent obviousness, the patent owner recently told the Federal Circuit U.S. Court of Appeals (ZUP Inc. v. Nash Manufacturing Inc., No. 17-1601, Fed. Cir.).



Retroactive Application Of Abrogated Patent Pleading Standard Briefed
WASHINGTON, D.C. - In dismissing an infringement action for failure to state a claim, a Georgia federal judge erroneously imposed a heightened pleading requirement in response to the abrogation of Federal Rule of Civil Procedure 84 and Form 18 of the Appendix of Forms, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Disc Disease Solutions Inc. v. VGH Solutions Inc., et al., No. 17-1483, Fed. Cir.).



Federal Circuit Poised To Rule On Allegation Oracle Infringed Patent
WASHINGTON, D.C. - The propriety of a summary judgment by a California federal judge that Oracle Corp. did not infringe a patented middleware software program will be argued July 10 before the Federal Circuit U.S. Court of Appeals (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir.).



Tech Firm Appeals Dropbox Trademark Ruling To 9th Circuit
SAN FRANCISCO - In a June 16 appellant brief in the Ninth Circuit U.S. Court of Appeals, a Texas technology firm argues that a trial court improperly granted summary judgment to Dropbox Inc. (DBI) in the parties' dispute over infringement and priority of ownership of the "Dropbox" trademark, with the appellant contending that its claims against the bigger company are not barred by laches (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).



Boat Maker Appeals Trade Dress, Trade Secrets Judgment To 11th Circuit
ATLANTA - A boat manufacturer in a June 23 brief tells the 11th Circuit U.S. Court of Appeals that a trial court erred in disposing of its trade dress and trade secrets claims against a rival firm via summary judgment, arguing that the lower court failed to properly consider evidence of distinctiveness, nonfunctionality and confidentiality (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).



Firms Debate In 7th Circuit If Defamation Suit Agreement Settled Trademark Case
CHICAGO - A trial court erred in finding that a settlement agreement in a defamation lawsuit constituted a global settlement that negated a trademark lawsuit judgment involving the same parties, a machine company argues in a June 21 brief in the Seventh Circuit U.S. Court of Appeals, calling the agreement ambiguous (Engineered Abrasives Inc. v. American Machine Products & Services Inc., et al., No. 17-1429, 7th Cir.).



Vacating Of Fees, Sanctions In Copyright Suit Over Film Appealed To 2nd Circuit
NEW YORK - In a June 16 appellant brief to the Second Circuit U.S. Court of Appeals, a film production firm argues that a trial court's remand order, which vacated a previous award of attorney fees and sanctions against a director and his attorney in a copyright dispute over a short film, was based on a misinterpretation of an earlier Second Circuit ruling that had recommended reconsideration of just a small portion of the award (16 Casa Duse LLC v. Alex Merkin, et al., No. 17-0625, 2nd Cir.).



Supreme Court: BPCIA Provision Not Enforceable With Federal Injunction
WASHINGTON, D.C. - The requirement of Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262(k), that a biologic applicant provide a sponsor with its applications and manufacturing information is not enforceable with a federal injunction, the U.S. Supreme Court ruled June 12 (Sandoz Inc. v. Amgen Inc., et al., No. 15-1039 and 15-1195, U.S. Sup.).



Constitutionality Of Inter Partes Review To Be Decided By Supreme Court
WASHINGTON, D.C. - The U.S. Supreme Court granted certiorari on June 12 in a dispute over the constitutionality of inter partes review (IPR) by the Patent Trial and Appeal Board (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Deeply Divided Federal Circuit Denies Rehearing In Dispute Over CBM Scope
WASHINGTON, D.C. - In a June 6 order, the Federal Circuit U.S. Court of Appeals announced it will not rehear - en banc, or by the original three-judge panel - a dispute over what constitutes a covered business method (CBM) patent (Secure Axcess LLC v. PNC Bank National Association, et al., No. 16-1353, Fed. Cir.).



Michelle Lee Submits Resignation, Leaves PTO
WASHINGTON, D.C. - U.S. Secretary of Commerce Wilbur Ross confirmed June 6 that earlier that day, Michelle Lee resigned from her post as director of the U.S. Patent and Trademark Office (USPTO) and undersecretary of Commerce for Intellectual Property.



Texas Federal Magistrate Judge Vacates Infringement Finding In Patent Case
MARSHALL, Texas - Four patent defendants won partial relief pursuant to Federal Rule of Civil Procedure 60(b), Fed. R. Civ. P. 60(b), on June 7 when a Texas federal magistrate judge agreed that a judgment of willful infringement must be vacated (Convolve Inc. v. Dell Inc., et al., No. 08-244, E.D. Texas, 2017 U.S. Dist. LEXIS 87199).



Judge: Unfair Competition Claim Superseded By State Misappropriation Claim
SAN FRANCISCO - Dismissal of a California unfair competition law claim in a misappropriation of trade secrets lawsuit is proper because the claim is superseded by a state trade secrets law claim, a federal judge in California ruled June 8 in dismissing the claim (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Cali., 2017 U.S. Dist. LEXIS 89174).



Federal Circuit Affirms: Patents Lack Written Description Support
WASHINGTON, D.C. - Efforts by Purdue Pharma L.P. to overturn a Patent Trial and Appeal Board holding that myriad claims of two patent applications are unpatentable for lack of written description support failed June 13, when the Federal Circuit U.S. Court of Appeals instead upheld the board's rejection (Purdue Pharma L.P. v. Recro Technology LLC, No. 16-2260, Fed. Cir., 2017 U.S. App. LEXIS 10443).



Oregon Federal Judge Dismisses Willful Patent Infringement Claim
PORTLAND, Ore. - In a June 12 ruling, an Oregon federal judge agreed with Skechers USA Inc. that a patent complaint by Adidas AG fails to adequately state a claim for willful infringement (Adidas AG v. Skechers USA Inc., No. 16-1400, D. Ore., 2017 U.S. Dist. LEXIS 89752).



Federal Circuit Says Fee Award In Patent Case Was Erroneous
WASHINGTON, D.C. - In its second ruling in a longstanding dispute over patented anti-theft tags, the Federal Circuit U.S. Court of Appeals on June 5 again rejected a Pennsylvania federal judge's determination that the case qualifies as exceptional (Checkpoint Systems Inc. v. All-Tag Security S.A., et al., No. 16-1397, Fed. Cir., 2017 U.S. App. LEXIS 9874).



Denial Of Fee Award In Patent Case Reversed, Remanded By Federal Circuit
WASHINGTON, D.C. - A Texas federal judge's determination that a patent infringement plaintiff's decision to voluntarily withdraw its complaint within the safe-harbor period removed the dispute from the realm of an "exceptional" case, thereby extinguishing a defendant's entitlement to attorney fees, was erroneous, the Federal Circuit U.S. Court of Appeals held June 5 (Rothschild Connected Devices Innovations LLC v. ADS Security L.P., No. 16-2521, Fed. Cir., 2017 U.S. App. LEXIS 9876).



Patent Board Sides With Intel, Qualcomm In Inter Partes Review
ALEXANDRIA, Va. - In a June 2 final written decision, the Patent Trial and Appeal Board deemed seven claims of a process for fabricating semiconductor devices unpatentable as anticipated under the Patent Act, 35 U.S.C. 102(b) (Intel Corp., et al. v. DSS Technology Management Inc., No. IPR2016-00287, PTAB).



Covered Business Method Review Of Algorithm Patent Sought In New Petition
ALEXANDRIA, Va. - In a June 2 petition for covered business method (CBM) review, a petitioner alleges that a patented algorithm for encrypting confidential information during e-commerce transactions claims an ineligible, abstract idea under 35 U.S.C. 101 (Keeper Security Inc. v. Cumberland Systems LLC, No. CBM2017-00057, PTAB).



Post-Grant Review Of Camera Housing Patent Sought In New Petition
ALEXANDRIA, Va. - Various claims of a patent issued in September 2016 should be canceled, a company asserts in a June 6 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board (Axis Communications AB v. Arecont Vision LLC, No. PGR2017-00031, PTAB).



ARRIS Seeks Inter Partes Review Of Digital Broadcasting Patent
ALEXANDRIA, Va. - Three claims of a Sony Corp. patented system for supplying digital signals are unpatentable as anticipated and obvious, a June 14 petition for inter partes review with the Patent Trial and Appeal Board asserts (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2017-01596, PTAB).



Patent Board Deems 15 Claims Unpatentable As Anticipated, Obvious
ALEXANDRIA, Va. - In a final written decision issued June 14, the Patent Trial and Appeal Board agreed with a petitioner that 15 claims of a patented subsea Christmas tree system for use in oil and gas wells are unpatentable pursuant to Section 102 and 103 of the Patent Act, 35 U.S.C. 1 et seq. (FMC Technologies Inc. v. OneSubsea IP UK Limited, No. IPR2016-00328, PTAB).



7th Circuit Affirms: House Plans Dissimilar, Access Not Proven
CHICAGO - A Wisconsin federal judge did not err in granting a copyright infringement defendant summary judgment in connection with allegations that it infringed four copyrighted house designs, the Seventh Circuit U.S. Court of Appeals ruled June 6 (Design Basics LLC v. Lexington Homes, Inc., No. 16-3817, 7th Cir., 2017 U.S. App. LEXIS 9985).



Illinois Federal Judge: State Law Claims Are Preempted By Copyright Act
CHICAGO - Allegations by the heir of songwriter Calvin Carter that various music publishers committed contributory and vicarious copyright infringement by licensing to third parties the performance rights to Carter's work will proceed, an Illinois federal judge ruled June 9 (Tollie Carter v. ARC/Conrad Music LLC, et al., No. 16-6786, N.D. Ill., 2017 U.S. Dist. LEXIS 88509).



Texas Magistrate Judge Primarily Rejects Effort To Dismiss Copyright Claims
AUSTIN, Texas - Allegations by a stock photography agency that McGraw-Hill Global Education Holdings LLC and McGraw-Hill School Education Holdings LLC (McGraw-Hill, collectively) exceeded the scope of their license to use certain photographs in textbooks and other publications should largely proceed, a Texas federal magistrate judge ruled June 12 (Bob Daemmrich Photography Inc. v. McGraw-Hill Global Education Holdings LLC, et al., No. 15-1098, W.D. Texas, 2017 U.S. Dist. LEXIS 89550).



New York Federal Judge Rejects Bid For Dismissal Of Copyright Claims
NEW YORK - Efforts by Justin Timberlake and other defendants to dismiss a request for copyright infringement damages occurring before Feb. 17, 2013, were denied June 13 by a New York federal judge (PK Music Performance Inc. v. Justin Timberlake, et al., No. 16-1215, S.D. N.Y., 2017 U.S. Dist. LEXIS 90562).



Copyright Claim Over Reposted Skyline Photo Dismissed Against Government Official
INDIANAPOLIS - A photographer failed to establish any individual liability against the director of a government agency related to the unauthorized posting of a copyrighted photograph, an Indiana federal judge ruled June 12, granting dismissal of infringement and unfair competition claims against the official (Richard N. Bell v. David N. Powell, et al., No. 1:16-cv-02491, S.D. Ind., 2017 U.S. Dist. LEXIS 89587).



Pennsylvania Federal Judge Denies Relief In Trademark Dispute
PHILADELPHIA - Allegations that a newly named pharmacy continues to infringe the "Rann Pharmacy" trademark despite a November 2016 injunction were rejected June 6 by a Pennsylvania federal judge (Rann Pharmacy Inc. v. Shree Navdurga LLC, et al., No. 17-1893, E.D. Pa., 2017 U.S. Dist. LEXIS 86373).



Magistrate Allows Survey Of Taffy Shop Customers In Trademark Battle
DENVER - A taffy shop may have valid complaints about a survey conducted by an expert for a competing taffy shop in a trademark dispute, but the survey is reliable and relevant enough to not preclude it from trial, a Colorado federal magistrate judge ruled June 8 (Estes Park Taffy Company, LLC, et al. v. The Original Taffy Shop, Inc., No. 15-cv-01697, D. Colo., 2017 U.S. Dist. LEXIS 88113).



DOJ Defends Seizing Of Foreign Megaupload Assets To Supreme Court
WASHINGTON, D.C. - In a June 7 brief in the U.S. Supreme Court, the U.S. Department of Justice (DOJ) opposes a petition for certiorari by former executives of the now-defunct file-sharing service Megaupload, arguing that a trial court properly deemed them fugitives and ordered seizure of their foreign-held assets in accordance with the Civil Asset Forfeiture Reform Act (CAFRA) (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



YouTube User Says High Court Review Of DMCA Fair Use Is Needed
WASHINGTON, D.C. - In a May 19 supplemental brief in the U.S. Supreme Court, filed in response to an amicus curiae brief filed by the U.S. government, a woman whose video was removed from YouTube for purported copyright violation, argues that her petition for certiorari should be granted to ensure that the safe harbor parameters of the Digital Millennium Copyright Act (DMCA), such as fair use, "are properly construed" (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Patent Term Adjustment Provision Disputed Before Federal Circuit
WASHINGTON, D.C. - In a June 7 reply brief, a patent owner told the Federal Circuit U.S. Court of Appeals that the U.S. Patent and Trademark Office (PTO)'s position that it has the authority to determine when a patent applicant has failed "to engage in reasonable efforts" to prosecute their application runs "counter to the plain language" of the Patent Act, 35 U.S.C. 1 et seq., the legislative history of the statute and Gilead Sciences, Inc. v. Lee (Supernus Pharmaceuticals Inc., et al. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 17-1357, Fed. Cir.).



Venue In Declaratory Judgment Patent Actions Debated Before Federal Circuit
WASHINGTON, D.C. - In a June 2 reply brief, myriad declaratory judgment plaintiff-appellants argue that "calculated strikes" from a patent-licensing firm's "nest" unfairly impact "those accused of infringement and needlessly [tilt] the field in favor of non-practicing entities" through the encouragement of forum shopping (Jack Henry & Associates Inc., et al. v. Plano Encryption Technologies LLC, No. 16-2700, Fed. Cir.).



Obviousness Of 2 Patents Debated In Federal Circuit Briefs
WASHINGTON, D.C. - A finding by the Patent Trial and Appeal Board that two reissue patents are obvious in light of prior art was proper because the board's broadest reasonable interpretation of the disputed claim term "port" is supported by the claim language and the patent owner's own use of the term in describing its invention, myriad appellees told the Federal Circuit U.S. Court of Appeals May 26 (Capella Photonics Inc. v. Cisco Systems Inc., et al., Nos. 2016-2394, -2395, 2017-1105, -1106, -1107, -1108, Fed. Cir.).



Patent Owner, Challenger Debate Effective Filing Date Before Federal Circuit
WASHINGTON, D.C. - The effective filing date of two patents relating to an apparatus that secures a portable electronic device to an immovable object is 2008, and not 2011 as concluded by the Patent Trial and Appeal Board, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Think Products Inc. v. ACCO Brands Corporation, et al., No. 17-1360, Fed. Cir.).