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Preview: LexisNexis® Mealey's™ Intellectual Property Legal News

LexisNexis® Mealey's™ Intellectual Property Legal News



Headline Intellectual Property Legal News from LexisNexis®



 



5th Circuit: Contributory Copyright Claim Barred In Seismic Data Dispute
NEW ORLEANS - In a ruling issued March 10, the Fifth Circuit U.S. Court of Appeals found that the inapplicability of the Copyright Act, 17 U.S.C. 101 et seq., to extraterritorial conduct bars a contributory infringement claim when it is based upon the domestic authorization of entirely extraterritorial conduct (Geophysical Services Incorporated v. TGS-Nopec Geophysical Services, No. 15-20706, 5th Cir., 2017 U.S. App. LEXIS 4286).



9th Circuit Reinstates $450,000 Damage Award For Copyright Plaintiff
SAN FRANCISCO - A decision by jurors to award a sculptor $450,000 in actual damages stemming from the creation of seven knock-off sculptures was reinstated by the Ninth Circuit U.S. Court of Appeals on March 6 (Donald Wakefield v. Igor Olenicoff, No. 15-55649, 9th Cir., 2017 U.S. App. LEXIS 3953).



VR Companies File Post-Verdict Motions In Trade Secrets Suit
DALLAS - Two virtual reality (VR) technology companies asked a federal judge in Texas on Feb. 23 to issue a permanent injunction and a monetary judgment in their favor after a jury found that four defendants - including Facebook Inc. - violated the terms of a nondisclosure agreement and engaged in false designation in connection with their use of the companies' proprietary information to develop certain VR technology (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div.).



Ohio Magistrate Won't Exclude Evidence As Sanction In Copyright Case
CLEVELAND - A copyright infringement plaintiff's request that evidence of expenses, deductions or allocations be excluded from the calculation of damages in connection with a defendant's alleged discovery abuses was denied March 7 by an Ohio federal magistrate judge (Design Basics LLC v. Petros Homes Inc., et al., No. 14-1966, N.D. Ohio, 2017 U.S. Dist. LEXIS 32066).



California Federal Judge Denies Cross-Motions On Copyright First-Sale Defense
SAN FRANCISCO - Competing motions for summary judgment on whether licensing agreements asserted in a third amended complaint (TAC) establish that disputed software is subject to the first-sale defense to allegations of copyright infringement were denied March 14 by a California federal judge (Microsoft Corp. v. A&S Electronics Inc., No. 15-3570, N.D. Calif., 2017 U.S. Dist. LEXIS 36477).



Oklahoma Federal Judge Weighs In Copyright Dispute Over Registrations
OKLAHOMA CITY - Allegations that a licensee exceed the terms of its license to use various photographs of its own equipment and property will proceed, in light of a March 10 ruling by an Oklahoma federal judge which denied, in part, a motion for summary judgment (David McNeese v. Access Midstream Partners LP, No. 14-503, W.D. Okla.; 2017 U.S. Dist. LEXIS 34538).



Magistrate Criticizes Discovery Responses In Copyright Case, Scolds Entire District
NEW YORK - In a Feb. 28 ruling, a New York federal magistrate judge not only found a copyright and trademark defendant's discovery responses to be noncompliant with Federal Rule of Civil Procedure 34, he also took the opportunity to criticize attorneys throughout the district for continually failing to comply with December 2015 amendments to the rule (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 1:14-cv-01304 and 1:14-cv-01307, S.D. N.Y., 2017 U.S. Dist. LEXIS 28102).



5th Circuit: Fraud Upon PTO Does Not Make Case Exceptional
NEW ORLEANS - A Texas federal judge properly ruled that fraud upon the U.S. Patent and Trademark Office (PTO) does not automatically render a case exceptional, thereby triggering an award of attorney fees, the Fifth Circuit U.S. Court of Appeals ruled March 1 (Stacey Vetter v. Christine McAtee, No. 15-20575, 5th Cir., 2017 U.S. App. LEXIS 3698).



Texas Magistrate Judge Recommends Trademark Lawsuit Should Proceed
AUSTIN, Texas - Efforts by a defendant to obtain judgment on the pleadings on allegations that it committed false advertising and trademark infringement should be denied, a Texas federal magistrate judge recommended March 3 (University Loft Company v. Blue Furniture Solutions LLC, No. 15-826, W.D. Texas, 2017 U.S. Dist. LEXIS 30767).



Texas Federal Judge Grants Dickey's Motion For Injunction In Infringement Dispute
SHERMAN, Texas - A Texas federal judge on March 6 granted Dickey's Barbecue Pit Inc.'s motion for preliminary injunctive relief in a dispute with former franchisees who are alleged to have kept selling Dickey's trademarked products after a franchise agreement was terminated, saying that the barbecue franchisor is likely to prevail in its trademark infringement suit (Dickey's Barbecue Pit Inc., et al. v. Celebrated Affairs Catering Inc., et al., No. 4:17-cv-00127, E.D. Texas, 2017 U.S. Dist. LEXIS 30814).



Indiana Federal Judge Says Noble Roman's Failure To Act Caused Infringement
INDIANAPOLIS - An Indiana federal judge on Feb. 27 granted a gas station and convenience store operator's motion for summary judgment on Noble Roman Inc.'s claims for violation of the Lanham Act, saying that Noble Roman's delay in taking action to protect its trademarks led to the defendant's continued infringement (Noble Roman's Inc. v. Hattenhauer Distributing Co., No. 1:14-cv-1734, S.D. Ind., 2017 U.S. Dist. LEXIS 27022).



Texas Federal Jury Awards $7.6 Million In Patent Case
MARSHALL, Texas - In a March 10 verdict, jurors empaneled before U.S. Judge Rodney Gilstrap of the Eastern District of Texas sided squarely with Whirlpool Corp. in a patent infringement dispute over a water treatment component (Whirlpool Corp. v. TST Water LLC, No. 15-1528, E.D. Texas).



Federal Circuit Sides With Apple, Says Patent Claims Are Ineligible
WASHINGTON, D.C. - A Texas federal judge erroneously denied Apple Inc. judgment as a matter of law (JMOL) on its assertion that three data storage patents claim ineligible subject matter, the Federal Circuit U.S. Court of Appeals ruled March 1 (Smartflash LLC v. Apple Inc., No. 16-1059, Fed. Cir., 2017 U.S. App. LEXIS 3833).



Federal Circuit Upholds Rulings In Patent Dispute Between Sprint, Prism
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 6 affirmed a Nebraska federal judge's denial of various post-trial motions in a patent dispute that led to a $30 million infringement verdict (Prism Technologies LLC v. Sprint Spectrum L.P., Nos. 16-1456, -1457, Fed. Cir.).



Federal Circuit Affirms Patent Verdict, Award In Favor Of Comcast
WASHINGTON, D.C. - Comcast IP Holdings I LLC was entitled to prevail on its allegation that competitors infringed three patents relating to the facilitation of phone calls over the internet, the Federal Circuit U.S. Court of Appeals ruled March 7 (Comcast IP Holdings LLC v. Sprint Communications Company LP, et al., No. 15-1992, Fed. Cir.).



1st Circuit Reverses Dismissal Of Amphastar, Momenta Antitrust Case
BOSTON - A Massachusetts federal judge's decision to dismiss allegations that Momenta Pharmaceuticals Inc. made knowing misrepresentations to the U.S. Pharmacopeial Convention (USP) - the standard-setting organization (SSO) charged with ensuring the quality control of drugs - was reversed March 6 by the First Circuit U.S. Court of Appeals (Amphastar Pharmaceuticals Inc. v. Momenta Pharmaceuticals Inc., et al., No. 16-2113, 1st Cir., 2017 U.S. App. LEXIS 3956).



Federal Circuit Affirms: Supplier Identification Patent Is Obvious
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in finding that four claims of a patent directed to systems for identifying a supplier of goods over the internet would have been obvious to a person of ordinary skill in the art (POSITA), the Federal Circuit U.S. Court of Appeals ruled March 7 (Michael Meiresonne v. Google Inc., No. 16-1755, Fed. Cir., 2017 U.S. App. LEXIS 3978).



Federal Circuit Upholds Stipulated Judgment Of Patent Invalidity
WASHINGTON, D.C. - A patent disclosing a method of malware protection was correctly deemed invalid as indefinite, the Federal Circuit U.S. Court of Appeals concluded March 7 (Trusted Knight Corporation v. International Business Machines Corp., No. 16-1510, Fed. Cir., 2017 U.S. App. LEXIS 3979).



Judge Allows Testimony On Lost Profits, Royalty Damages In Patent, Trademark Suit
SAN JOSE, Calif. - In a patent and trademark infringement dispute between competitors in the fitness and exercise equipment industry, a California federal judge on March 6 refused to exclude expert testimony on lost profits damages and royalty damages (Fitness Anywhere LLC v. WOSS Enterprises LLC, No. 14-01725, N.D. Calif.; 2017 U.S. Dist. LEXIS 31505).



California Federal Magistrate Judge Denies Request To Correct Patent Inventors
SAN FRANCISCO - A plaintiff failed to establish that an inventor's contribution to a patented angioplasty balloon catheter known as "AngioSculpt" warrants a correction of inventorship, a California federal magistrate judge ruled March 9 (TriReme Medical LLC v. AngioScore Inc., No. 14-2496, N.D. Calif., 2017 U.S. Dist. LEXIS 33999).



California Federal Judge Won't Enjoin Texas Patent Litigation
SAN FRANCISCO - OpenTV Inc. on March 13 won dismissal of 10 counts of a 13-count declaratory judgment complaint when a California federal judge agreed that plaintiff Comcast Cable Communications LLC failed "to allege facts sufficient to support inferences of non-infringement" (Comcast Cable Communications LLC v. OpenTV Inc., No. 16-6180, N.D. Calif., 2017 U.S. Dist. LEXIS 35740).



Patent Board Grants Netflix Petition For Inter Partes Review
ALEXANDRIA, Va. - A request for inter partes review of a patented invention covering systems and methods for navigating hypermedia was granted March 6 by the Patent Trial and Appeal Board (Netflix Inc. v. Convergent Media Solutions LLC, No. IPR2016-01811, PTAB).



Google Petition For Review Of Programming Language Patent Granted
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on March 8 granted a petition for inter partes review (IPR) of a patent claiming a system for programming mobile communication devices based on a "high-level code comprising operative language" (Google Inc. v. IXI Mobile R&D Ltd., No. IPR2016-01669, PTAB).



Board Upholds Rejection Of Hydrocarbon Feed Treatment Patent
ALEXANDRIA, Va. - An inventor's request to overturn an examiner's rejection on obviousness grounds of various claims of a patented apparatus for treating a mixed hydrocarbon feed stream were rejected March 14 by the Patent Trial and Appeal Board (Ex parte Frederick Jan Van Dijk, No. 2015-004023, PTAB).



Patent Board Denies Ford Request For Covered Business Method Review
ALEXANDRIA, Va. - Efforts by Ford Motor Co. to invalidate a patented system and method for consolidating multiple product configuration models pursuant to the covered business method (CBM) review mechanism were unsuccessful on March 15, when the Patent Trial and Appeal Board denied Ford's petition (Ford Motor Co. v. Versata Development Group Inc., No. CBM2016-00101, PTAB).



Patent Board Grants Review Of Transmission System Patent
ALEXANDRIA, Va. - In a March 13 ruling the Patent Trial and Appeal Board instituted inter partes review of eight claims of a patent covering, among other things, a transceiver with sleep mode for reduced power consumption (DISH Network LLC v. TQ Delta LLC, No. IPR2016-01760, PTAB).



Amgen Asserts No Error In Requiring Approval Before 180-Day Notice
WASHINGTON, D.C. - Amgen Inc. filed its opening and response brief on March 10 in its high-stakes suit with Sandoz Inc., arguing that the Federal Circuit U.S. Court of Appeals did not err by requiring biosimilar makers to get approval before supplying 180-day notice of sales to rivals because permitting notice before approval is consistent with "early resolution of patent disputes" (Sandoz Inc. v. Amgen Inc. and Amgen Manufacturing Ltd., No. 15-1039, U.S. Sup.).



Patent Owner Asks Court To Consider Mayo/Alice Steps For 'Abstract Idea'
WASHINGTON, D.C. - A patent owner in a Feb. 28 petition for writ of certiorari asks the U.S. Supreme Court to decide if patent claims directed to concrete and tangible inventions, "which are neither directed to a mathematical algorithm nor a business method," are eligible subject matter under step one of the framework in Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S. Ct. 1289 (2012), and Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014) (Affinity Labs of Texas LLC v. Amazon.com Inc. and Amazon Digital Services Inc., No. 16-1047, U.S. Sup.).



High Court Asked By Patent Owner To Review 'Abstract Idea' Under Mayo / Alice
WASHINGTON, D.C. - Noting that the U.S. Supreme has found the "abstract idea" exception to 35 U.S. Code Section 101 to be a doctrine of restraint, a patent owner asks the court in a Feb. 27 petition to address whether patent claims directed to concrete and tangible inventions, "which are neither directed to a mathematical algorithm nor a business method," are eligible subject matter under step one of the framework in Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S. Ct. 1289 (2012), and Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014) (Affinity Labs of Texas LLC v. DIRECTTV LLC, et al., No. 16-1046, U.S. Sup.).



Kraft Argues Congress' 'Residence' Definition Included In Patent Venue Statute
WASHINGTON, D.C. - Congress has defined "residence" "[f]or all venue purposes" and "venue" to include the patent venue statute, Kraft Foods Group Brands LLC argues in a March 1 respondent brief to the U.S. Supreme Court, further asserting that this definition is the controlling one and, thus, a defendant resides in the District of Delaware for a patent infringement suit (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Patent Owner Appeals Noninfringement Judgment To Federal Circuit
WASHINGTON, D.C. - Following a July 2016 decision that upheld a preliminary injunction in favor of a patent owner, a subsequent appeal by the patent owner of a final judgment of noninfringement rendered in the same case will also soon be argued before the Federal Circuit U.S. Court of Appeals (Amgen Inc. v. Apotex Inc. and Apotex Corp., No. 17-1010, Fed. Cir.).



Patent Owner Tells Federal Circuit Rejection By Board Was Error
WASHINGTON, D.C. - The Patent Trial and Appeal Board's decision to affirm some rejections while reversing the non-rejection of other claims of a remote monitoring system and method patent should be vacated, patent owner Robert Bosch Healthcare Systems Inc. recently argued to the Federal Circuit U.S. Court of Appeals (Robert Bosch Healthcare Systems Inc. v. Medtronic Inc., No. 17-1031, Fed. Cir.).



Appellant Tells Federal Circuit Texas Judge Erred In Claim Construction
WASHINGTON, D.C. - Decisions by a Texas federal judge to grant a summary judgment of noninfringement and award of attorney fees and costs in a patent dispute were erroneous, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Mark N. Chaffin v. Michael R. Braden and LBC Manufacturing, No. 16-2572, Fed. Cir.).



Dispute Over Priority Determinations Briefed Before Federal Circuit
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals is poised to hear a patent dispute that an appellant recently argued "raises important legal questions regarding the statutory and regulatory scheme for determining priority" (Droplets Inc. v. E*Trade Bank, et al., Nos. 16-2504 & 16-2602, Fed. Cir.).



Firearms Distributor Opposes Review On Denial Of Profits Claim In Trademark Suit
WASHINGTON, D.C. - A manufacturer and distributor of firearms argues in a Feb. 27 brief that the U.S. Supreme Court should decline review on whether a district court's refusal to allow amendment of a proposed pretrial order to assert a profits claim was an abuse of discretion (Clyde Armory Inc. v. FN Herstal S.A., No. 16-936, U.S. Sup.).



Manufacturer Asks Supreme Court To Decide If Copyright Act Preempts State Law Claim
WASHINGTON, D.C. - A manufacturer of butterfly valves on March 8 petitioned the U.S. Supreme Court to answer whether Section 301(a) of the Copyright Act 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.).



Musician Asks High Court To Decide Claim Preclusion Use In Copyright Lawsuit
WASHINGTON, D.C. - A musician in a Feb. 20 petition for writ of certiorari asks the U.S. Supreme Court to answer if "claim preclusion, a non-statutory defense is available without restriction to bar all remedies for civil copyright claims filed within the three-year statute of limitations prescribed by Congress, [17 U.S. Code Section 507(b)], 17 U.S.C. § 507(b)" (Syl Johnson v. UMG Recordings Inc., et al., No. 16-1052, U.S. Sup.).



Record Labels Says Split Exists On If DMCA Immunity Applies For Pre-1972 Sound Recordings
WASHINGTON, D.C. - There is a split between federal and state courts on whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA), 17 U.S. Code Section 512(c), provides for internet service providers also apply to sound recordings from before 1972, record labels argue in their March 7 reply brief with the U.S. Supreme Court (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup.).



Accused File-Sharer Calls Declaratory Judgment Counterclaim Useful
CINCINNATI - Even though a copyright holder dismissed its infringement claim against him, a man accused of downloading adult movies tells the Sixth Circuit U.S. Court of Appeals in a March 10 reply brief that his declaratory judgment counterclaim should proceed because a continued threat of liability exists (Malibu Media LLC v. David Ricupero, No. 16-3628, 6th Cir.).



2nd Circuit Remands Dispute Over Pre-1972 Works, Orders Dismissal
NEW YORK - A December 2016 holding by the New York Court of Appeals that there is no right of public performance for creators of pre-1972 sound recordings under New York common law is determinative of claims that the subscription radio service Sirius XM Radio Inc. committed copyright infringement, the Second Circuit U.S. Court of Appeals ruled Feb. 16 (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 15-1164, 2nd Cir., Court, 2017 U.S. App. LEXIS 2770).



Sua Sponte Rejection Of Copyright Claims Reversed By 9th Circuit
SAN FRANCISCO - A decision by a California federal judge to grant, sua sponte, summary judgment on behalf of myriad fashion industry defendants accused of infringing copyrighted textile designs was reversed by the Ninth Circuit U.S. Court of Appeals on Feb. 15 (Acmet Inc. v. The Wet Seal Inc., et al., No. 15-55928, 9th Cir., 2017 U.S. App. LEXIS 2682).



Utah Federal Judge: No Copyright Preemption On Conspiracy Claim
SALT LAKE CITY - Allegations that a counterclaim defendant interfered with a counterclaimant's contractual rights and prospective business relations are sufficient to defeat the counterclaim defendant's effort to invoke copyright preemption, a Utah federal judge ruled Feb. 21 (Advanced Recovery Systems LLC v. American Agencies LLC, No. 13-283, D. Utah, 2017 U.S. Dist. LEXIS 24001).



California Federal Magistrate Denies Motion To Compel In Pokemon Copyright Case
SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon Company International Inc. v. Shopify Inc., No. 16-80272, N.D. Calif., 2017 U.S. Dist. LEXIS 24987).



Supreme Court: Patent Liability Not Triggered By Single Component Supply
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals erred in finding that the supply of one component of a five-component genetic testing kit manufactured abroad triggers domestic patent liability under the Patent Act, 35 U.S.C. 271(f)(1), the U.S. Supreme Court ruled Feb. 22 (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).



Supreme Court Denies Certiorari In 4G LTE Patent Dispute
WASHINGTON, D.C. - In its Feb. 27 orders list, the U.S. Supreme Court indicated that it will let stand an August 2016 ruling in favor of Apple Inc., which was accused in 2013 of infringing two wireless patents belonging to Wi-LAN USA Inc. and Wi-LAN Inc. (Wi-LAN, collectively) (Wi-LAN USA Inc. and Wi-LAN Inc. v. Apple Inc., No. 16-913, U.S. Sup.).



Federal Circuit Sides With Apple, Reverses Patent Board Ruling
WASHINGTON, D.C. - In a Feb. 17 ruling, the Federal Circuit U.S. Court of Appeals upheld findings by the Patent Trial and Appeal Board that two claims of a sound reproduction patent are unpatentable as obvious but also reversed the board's determination that a third claim would not have been obvious to a person of ordinary skill in the art (Slot Speaker Technologies Inc. v. Apple Inc., Nos. 15-2038, -2039, Fed. Cir., 2017 U.S. App. LEXIS 2785).



Federal Circuit Affirms Outcome Of Inter Partes Review Of Drug Patent
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that eight claims of a patent directed to vehicles for drug delivery are unpatentable as obvious were upheld Feb. 21 by the Federal Circuit U.S. Court of Appeals (In re: Depomed Inc., No. 16-1378, Fed. Cir., 2017 U.S. App. LEXIS 2900).



Federal Circuit Reverses Board, Finds UCLA Patent Not Obvious
WASHINGTON, D.C. - A patented method of "arresting or regressing" penile fibrosis was erroneously deemed unpatentable as obvious, a divided Federal Circuit U.S. Court of Appeals ruled Feb. 28 in a victory for Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Center (LAB) (Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Center v. Eli Lilly and Company, No. 16-1518, Fed. Cir., 2017 U.S. App. LEXIS 3581).



Judge Finds Claims Related To Patents Must Be Reviewed Under Korean Law
SAN JOSE, Calif. - A California federal judge on Feb. 24 partially granted a motion filed by a former employee of a company that makes high-voltage power conversion systems to dismiss certain claims related to his alleged theft of proprietary information to obtain patents, finding that some of the claims should be adjudicated under Korean law (Power Integrations Inc. v. Chan-Woong Park, No. 16-cv-02367, N.D. Calif., 2017 U.S. Dist. LEXIS 26467).



Federal Judge Rejects Motorola's Request For Daubert Hearing
MARSHALL, Texas - A Texas federal judge on Feb. 21 partially granted a motion to exclude testimony on damages in a patent infringement case, but found that most of the expert's opinions did not justify exclusion under Daubert v. Merrell Dow Pharms. Inc. before trial (Saint Lawrence Communications LLC v. ZTE Corp., et al., No. 2:15-cv-349, E.D. Texas, 2017 U.S. Dist. LEXIS 23505).



Judge Decides Motions To Exclude Testimony In Patent Infringement Suit
MINNEAPOLIS - A Minnesota federal judge on Feb. 24 decided several motions to exclude expert testimony on damages, lost profit and opinions on claim construction in an infringement lawsuit over patents related to frames and seating positions of snowmobiles (Bombardier Recreational Products Inc. and BRP U.S. Inc. v. Arctic Cat Inc. and Arctic Cat Sales Inc., No. 12-2706, D. Minn.; 2017 U.S. Dist. LEXIS 26517).



Federal Circuit Upholds Patent Ineligibility Ruling By Federal Court
WASHINGTON, D.C. - A California federal judge properly dismissed allegations that Sprint Nextel Corp., Apple Inc., Twitter Inc. and others infringed two patents directed to data processing on grounds that the patents in suit are invalid under the Patent Act, the Federal Circuit U.S. Court of Appeals concluded Feb. 17 (Evolutionary Intelligence LLC v. Sprint Nextel Corp., et al., Nos. 2016-1188, -1190, -1191, -1192, -1194, -1195, -1197, -1198, -1199, Fed. Cir., 2017 U.S. App. LEXIS 2784).



Federal Circuit: Covered Business Method Patent Review Was Error
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that a computer security patent is obvious never should have been reached because the board erroneously determined that the invention at issue qualifies as a covered business method (CBM), a divided Federal Circuit U.S. Court of Appeals ruled Feb. 21 (Secure Axcess LLC v. PNC Bank National Association, et al., No. 16-1353, Fed. Cir., 2017 U.S. App. LEXIS 2902).



Texas Magistrate Judge Denies Broadcom Bid To Transfer Patent Litigation
MARSHALL, Texas - A Texas infringement plaintiff prevailed Feb. 27 in response to a motion by Broadcom Ltd. and several other defendants to transfer the dispute to the U.S. District Court for the Northern District of California (Godo Kaisha IP Bridge 1 v. Broadcom Ltd., et al., No. 16-134, E.D. Texas, 2017 U.S. Dist. LEXIS 26755).



Judge: Misappropriation Of Trade Secrets Claims Against Samsung Are Time-Barred
SAN FRANCISCO - A California federal judge on Feb. 14 granted Samsung's motion to dismiss trade secret misappropriation claims in a lawsuit challenging the ownership of augmented reality technology, finding that these claims under California and New York law are barred by their respective statutes of limitations (GeoVector Corp. v. Samsung Electronics Co. Ltd., et al., No. 16-02463, N.D. Calif., 2017 U.S. Dist. LEXIS 20872).



Uber Sued For Trade Secret, Patent Violations In California Federal Court
SAN FRANCISCO - Waymo LLC - a Google Inc. division devoted to the development of self-driving cars - accused Uber Technologies Inc. of "calculated theft" in a patent infringement and trade secret misappropriation complaint filed in the U.S. District Court for the Northern District of California on Feb. 23 (Waymo LLC v. Uber Technologies Inc., et al., No. 17-939, N.D. Calif.).



Apple Takes Aim At University's Channel Coding Patent
ALEXANDRIA, Va. - A patent issued to the California Institute of Technology covering channel coding and error-correcting codes would have been obvious to a person of ordinary skill in the art, Apple Inc. asserts in a Feb. 16 petition for inter partes review filed with the Patent Trial and Appeal Board (Apple Inc. v. California Institute of Technology, No. IPR2017-00702, PTAB).



Delphi Seeks Inter Partes Review Of USB Switching Hubs Patent
ALEXANDRIA, Va. - In a petition for inter partes review (IPR) filed Feb. 23, Delphi Technologies Inc. asserted that all 21 claims of a patent covering Universal Serial Bus (USB) switching hubs are unpatentable as anticipated or obvious (Delphi Technologies Inc. v. Microchip Technology Inc., IPR2017-00970, PTAB).



Patent Board Grants Apple Petition For Inter Partes Review
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Feb. 22 found that Apple Inc. has established a likelihood that it will prevail on assertions that various claims of a virtual private network (VPN) patent would have been obvious to a person of ordinary skill in the art (Apple Inc. v. VirnetX Inc., No. IPR2016-01585, PTAB).



Patent Board Upholds Rejection Of Biomarker Detection Patent
ALEXANDRIA, Va. - An examiner did not err in rejecting 11 claims of a purported patented method for biomarker detection as anticipated and obvious, the Patent Trial and Appeal Board ruled Feb. 28 (Ex parte Lang, et al., No. 2014-001444, PTAB).



Patent Board Grants Review Of Patented Orthodontic Aid
ALEXANDRIA, Va. - A Dentsply International Inc. patent covering an orthodontic aid or bracket will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board announced Feb. 27 (American Orthodontics Corp. v. Dentsply International Inc., No. IPR2016-01652, PTAB).



Michigan Federal Judge Denies Relief, Dismisses False Advertising Case
DETROIT - A request for preliminary and permanent injunctive relief barring the host of a training program on tinnitus care from providing participants with a "Tinnitus Care Provider Certificate" upon completion of the program was rejected Feb. 21 by a Michigan federal judge, who found instead that the plaintiff lacks standing to levy claims of false advertising under Section 1125(a) of the Lanham Act (Academy of Doctors of Audiology v. International Hearing Society, No. 16-13839, E.D. Mich., 2017 U.S. Dist. LEXIS 23652).



New Jersey Federal Judge Denies Injunction In Trademark Case
TRENTON, N.J. - Citing the dates upon which a plaintiff and defendant first began using a disputed trademark, a New Jersey federal judge on Feb. 24 denied the plaintiff's request for preliminary injunctive relief (Watch Yo Mouth LLC v. Denbigh and Associates LLC, d/b/a Skyler Innovations, No. 17-717, D. N.J., 2017 U.S. Dist. LEXIS 26258).



Judge Orders BMW To Show Cause As To Why UCL Case Should Not Be Transferred
LOS ANGELES - A California federal judge on Feb. 21 ordered a car manufacturer to show cause as to why its claims for violation of California's unfair competition law and trademark infringement should not be transferred to another venue (BMW of North America, LLC, et al. v. Michael Chambers, et al., No. 17-0846, C.D. Calif., 2017 U.S. Dist. LEXIS 24096).



Judge Excludes Expert In Trademark Lawsuit For Lack Of Experience
GREENBELT, Md. - A federal judge in Maryland on Feb. 21 excluded the testimony of an expert in a trademark infringement lawsuit on grounds that his opinions were "non-substantiated proclamations on the ultimate questions of law and he lacked the requisite training education or experience in the relevant field of proffered expertise" (JFJ Toys Inc., et al. v. Sears Holdings Corporation, et al., No. 14-3527, D. Md.).



Judge Finds Salesman Did Not Infringe On Trade Secret With Boat Design
TAMPA, Fla.- A Florida federal judge on Feb. 16 granted judgment in favor of a boat maker, finding that customer information did not constitute a trade secret and that a reasonable jury could not find that it infringed on another company's trade dress when it manufactured an allegedly similar boat (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 8:15-cv-990, M.D. Fla.; 2017 U.S. Dist. LEXIS 21745).



Sandoz To High Court: Error To Require Approval Before 180-Day Notice
WASHINGTON, D.C. - In a Feb. 10 opening brief in its high-stakes suit with Amgen Inc., Sandoz Inc. argues that the Federal Circuit U.S. Court of Appeals erred by forcing biosimilar makers to get approval before supplying 180-day notice of sales to rivals because permitting notice before approval is consistent with "early resolution of patent disputes" (Sandoz Inc. v. Amgen Inc. and Amgen Manufacturing Ltd., No. 15-1039, U.S. Sup.).



Lexmark: Exhaustion Doctrine Allows Patentees To Modify Sale To Convey Authority
WASHINGTON, D.C. - The exhaustion doctrine allows patentees and buyers "to tailor a sale to convey only the authority the buyer wants to pay for," Lexmark International Inc. argues in a Feb. 16 response brief to the U.S. Supreme Court, further saying that nothing requires that every sale of a patented article convey full authority under the patent (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).



Patent Owner Says Restriction Of 'Common Sense' Ruling Does Not Conflict With KSR
WASHINGTON, D.C. - The U.S. Supreme Court should not review a petition asking whether the Federal Circuit U.S. Court of Appeals erred in restricting the Patent Trial and Appeal Board's ability to rely on the common sense and common knowledge of skilled artisans to establish the obviousness of patent claims, a patent owner argues in a Feb. 10 brief, because the ruling does not conflict with KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415 (2007) (Google Inc. and Motorola Mobility LLC v. Arendi S.A.R.L., et al., No. 16-626, U.S. Sup.).



Law Professors, Attorneys Support Clarification Of Eligibility Under Diehr/Alice
WASHINGTON, D.C. - Fifteen law professors and two patent attorneys filed briefs on Feb. 16 in support of a patent owner's petition to the U.S. Supreme Court asking whether a patent for a software-implemented industrial process that regulates and controls the operation of an oil rig, which was patent eligible under 35 U.S. Code Section 101 in Diamond v. Diehr, 450 U.S. 175 (1981), can be rendered patent ineligible by Alice Corp. v. CLS Bank Int'l, 134 S. Ct. 2347, 2354 (2014) (TDE Petroleum Data Solutions Inc. v. AKM Enterprise Inc. and DBA Mobilize Inc., No. 16-890, U.S. Sup.).



Geophysical Services Company Seeks Review On Lost Profits In Patent Infringement Suit
WASHINGTON, D.C. - A geophysical services company on Feb. 17 petitioned for writ of certiorari asking the U.S. Supreme Court to decide whether an appellate court erred in holding that lost profits arising from prohibited combinations of components for a patented invention occurring outside of the United States "are categorically unavailable in cases where patent infringement is proven" under 35 U.S. Code Section 271(f) (WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, U.S. Sup.).



Patent Dispute Over Low Testosterone Treatment Briefed For Federal Circuit
WASHINGTON, D.C. - An Indiana federal judge erred in deeming two patents covering a "breakthrough" treatment for hypogonadism invalid, the patent owners recently told the Federal Circuit U.S. Court of Appeals (Eli Lilly and Company, et al., v. Perrigo Company, et al., Nos. 2016-2555, -2614, Fed. Cir.).



Patent Owner Appeals Adverse Inter Partes Review To Federal Circuit
WASHINGTON, D.C. - The Patent Trial and Appeal Board committed legal error when it misinterpreted a homonym while construing the claim term "determining a power factor," a patent owner recently told the Federal Circuit U.S. Court of Appeals (Pentair Water Spa and Pool Inc. v. Hayward Industries Inc., No. 16-2598, Fed. Cir.).



Adobe Argues: California Final Judgment Of Patent Invalidity Should Stand
WASHINGTON, D.C. - An appellant who saw its online transactional patent rejected by a California federal judge recently appealed the ruling to the Federal Circuit U.S. Court of Appeals, asserting errors in the district court's handling of the patent's priority date (Collaborative Agreements LLC, d/b/a Oui Agree v. Adobe Systems Inc., No. 16-2560, Fed. Cir.).



Validity Of Root Canal File Patent Disputed On Appeal To Federal Circuit
WASHINGTON, D.C. - An August 2016 ruling by the Patent Trial and Appeal Board that invalidated all claims of a patented process for reducing the superelasticity of endodontic files was erroneous, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Gold Standard Instruments LLC v. U.S. Endodontics LLC, No. 16-2597, Fed. Cir.).



Patent Dispute Over Polymerization Process Heads To Federal Circuit
WASHINGTON, D.C. - The Patent Trial and Appeal Board erred not only while construing a disputed phrase in a patented polymerization process but also in holding that the patent challenger failed to establish obviousness, an appellant recently argued to the Federal Circuit U.S. Court of Appeals (SNF Holding Company v. BASF Corporation, No. 16-2565, Fed. Cir.).



Med Tech Company Opposes Review Of Overturned $340M Antitrust Award
WASHINGTON, D.C. - In a dispute over entitlement to a treble damages award for attempted monopolization under Section 2 of the Sherman Act, a medical technology company argues in a Feb. 15 brief to the U.S. Supreme Court that there is no evidence that its alleged false advertising harmed competition or that it "tainted" the market by selling a flawed product (Retractable Technologies Inc. and Thomas Shaw v. Becton Dickinson & Co., No. 16-953, U.S. Sup.).



Amicus Curiae Filers Support Supreme Court Review Of Intervest In Copyright Suit
WASHINGTON, D.C. - In a dispute over an architectural floor plan, amicus curiae filers who are involved in the development, creation and marketing of "architectural works" in a Feb. 6 brief argue in support of the U.S. Supreme Court considering a petition to decide if Intervest Construction Inc. v. Canterbury Estate Homes Inc. should be overruled in light of conflicting precedent from other appellate courts, which hold that architectural works are entitled to the same protection as other copyrightable, original works under the Federal Copyright Act (Home Design Services Inc. v. Turner Heritage Homes Inc., et al., No. 16-858, U.S. Sup.).



Video-Sharing Site Opposes Review On DMCA Immunity For Pre-1972 Sound Recordings
WASHINGTON, D.C. - A video-sharing website argues in a Feb. 16 opposition brief that the U.S. Supreme Court should not decide whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA), 17 U.S. Code Section 512(c), provides for internet service providers apply to sound recordings from before 1972 (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup.).



VidAngel Tells 9th Circuit Studios Do Not Have Exclusive Streaming Rights
SAN FRANCISCO - Defending its right to stream "filtered" copies of movies for its customers in a Feb. 22 reply brief in the Ninth Circuit U.S. Court of Appeals, VidAngel Inc. argues that it has not violated any of the movie studio plaintiffs' exclusive rights under the Copyright Act (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).



Federal Circuit Upholds Validity Analysis In Utility, Design Patent Case
WASHINGTON, D.C. - A Utah federal judge properly deemed various claims of two patents invalid as anticipated and obvious, the Federal Circuit U.S. Court of Appeals ruled Feb. 2 in a dispute over decorative laminate architectural panels (3form Inc. v. Lumicor Inc., No. 16-1535, Fed. Cir., 2017 U.S. App. LEXIS 1837).



Federal Circuit Upholds Patent Board Finding Of Nonobviousness
WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of patent invalidity allegations with regard to 16 claims of a system and method for gathering website feedback was affirmed Feb. 13 by the Federal Circuit U.S. Court of Appeals (Qualtrics LLC v. OpinionLab Inc., No. 16-1177, Fed. Cir.).



Arizona Federal Judge Transfers Patent Dispute To Florida Court
PHOENIX - Allegations that two defendants infringed three patents relating to a process known as "singulation" will proceed in Florida federal court, where a separate case implicating the same three patents is already pending, an Arizona federal judge ruled Feb. 8 (ON Semiconductor Corporation, et al. v. Micro Processing Technology Inc., No. 16-1055, D. Ariz.; 2017 U.S. Dist. LEXIS 17753).



Texas Federal Magistrate Won't Transfer Patent Case To Oklahoma Court
MARSHALL, Texas - A request by Garmin International Inc. and Garmin USA Inc. (Garmin, collectively) to transfer a patent infringement lawsuit to the U.S. District Court for the Northern District of Oklahoma was rejected Feb. 6 by a Texas federal magistrate judge (Navico Inc. and Navico Holding AS v. Garmin International Inc., et al., No. 16-190, E.D. Texas, 2017 U.S. Dist. LEXIS 15951).



Texas Federal Judge: Design Patent Case Should Proceed In New York Court
HOUSTON - A dispute over two design patents covering ornamental women's sandals should be litigated in the U.S. District Court for the Southern District of New York where an infringement defendant is headquartered, a Texas federal judge concluded Feb. 10 (JPT Group LLC v. Balenciaga America Inc., No. 16-1596, S.D. Texas, 2017 U.S. Dist. LEXIS 19003).



Texas Federal Judge Adopts Report, Grants Relief In Patent Case
MARSHALL, Texas - Findings by a Texas federal magistrate judge that Mylan Institutional LLC and Apicore US LLC (Mylan, collectively) are entitled to a preliminary injunction barring competitors from making and selling generic isosulfan blue were adopted in full Feb. 7 by a Texas federal judge (Mylan Institutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd., et al., No. 16-491, E.D. Texas, 2017 U.S. Dist. LEXIS 16797).



2nd Circuit Partly Vacates Dismissal Of Antitrust Claims In Patent Dispute
NEW YORK - A New York federal judge's decision to dismiss allegations that Takeda America Holdings Inc., Takeda Pharmaceuticals U.S.A. Inc., Takeda Development Center Americas Inc. and Takeda Pharmaceuticals Co. Ltd. (Takeda, collectively) violated state law analogs of the Sherman Act, 15 U.S.C. 2, by preventing competitors from marketing a generic version of the diabetes drug ACTOS was partly vacated by the Second Circuit U.S. Court of Appeals Feb. 8 (In re: ACTOS End-Payor Antitrust Litigaiton, No. 15-3364, 2nd Cir., 2017 U.S. App. LEXIS 2291).



Federal Circuit Vacates Patent Board Rulings, Citing Covenant Not To Sue
WASHINGTON, D.C. - In a Feb. 9 holding, the Federal Circuit U.S. Court of Appeals found that a party seeking re-examination of two can coating patents did have standing to appeal a final decision by the Patent Trial and Appeal Board because there was an Article III case or controversy between the parties at the time the appeal was filed (PPG Industries Inc. v. Valspar Sourcing Inc., Nos. 16-1406, -1409, Fed. Cir.).



Federal Circuit: Proposed Generic Drug Does Not Meet Patent Limitations
WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 16-1785, Fed. Cir., 2017 U.S. App. LEXIS 2393).



Judge OKs Adding Defend Trade Secrets Act Claim To Complaint
SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).



In Final Decision, Patent Board Upholds Rejection Of Patent Claims
ALEXANDRIA, Va. - A patent examiner properly rejected 20 claims of an invention relating to a touch pad enablement in an information handling system as unpatentable under the Patent Act, 35 U.S.C. 103(a), the Patent Trial and Appeal Board ruled Feb. 7 (Ex parte Erin K. Walline and Robert C. Nerhood II, No. 2016-002625, PTAB).



Patent Board Reverses Rejection Of Proposed Link Aggregation Patent
ALEXANDRIA, Va. - An examiner's rejection of 24 claims of a patent application directed to a technique for ensuring link aggregation congruency was reversed by the Patent Trial and Appeal Board on Feb. 10 (Ex parte Janos Farkas, et al., No. 2016-006007, PTAB).



Patent Board Rejects Patent Challenge, Confirms Validity Of Claims
ALEXANDRIA, Va. - Despite previously instituting inter partes review (IPR), the Patent Trial and Appeal Board on Feb. 3 in a final written decision upheld all challenged claims of a patent covering individually formed footwear (Zero Gravity Inside Inc. v. Footbalance System OY, No. IPR2015-01769, PTAB).



Patent Board Denies Review Of Immune System Boosting Patent
ALEXANDRIA, Va. - A request by Forty Seven Inc. for inter partes review (IPR) of a single claim of a patent relating to a method of boosting the immune system was denied by the Patent Trial and Appeal Board on Feb. 9 (Forty Seven Inc. v. Stichting Sanquin Bloedvoorziening, No. IPR2016-01529, PTAB).



Patent Board Denies Roxane Request For Inter Partes Review
ALEXANDRIA, Va. - A Novartis AG patent covering a tumor treatment will not be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Feb. 13 (Roxane Laboratories Inc. v. Novartis AG, No. IPR2016-01461, PTAB).



New York Magistrate Judge: Deny Sanctions In Copyright, Trademark Case
NEW YORK - A request for sanctions pursuant to 28 U.S.C. 1927 by a prevailing copyright and trade dress infringement defendant should be denied, according to a Feb. 13 ruling by a New York federal magistrate judge, who found that plaintiff's counsel did not commit fraud upon by failing to quickly correct perjured depositions (Crown Awards Inc. v. Trophy Depot Inc., No. 15-1178, S.D. N.Y., 2017 U.S. Dist. LEXIS 20393).



6th Circuit Reverses Cancellation Of Trademark Ab Initio
CINCINNATI - An Ohio federal judge's grant of summary judgment on a counterclaim seeking to void the "IntelliJet" trademark was reversed Feb. 3 by the Sixth Circuit U.S. Court of Appeals (NetJets Inc. v. IntelliJet Group LLC, No. 15-4230, 6th Cir., 2017 U.S. App. LEXIS 2062).



Panel Upholds Lanham Act Judgment Without Expert Testimony On Actual Injury
RICHMOND, Va. - Without expert testimony, a seller of internet domain names could not establish the elements of its Lanham Act claim, the Fourth Circuit U.S. Court of Appeals ruled Feb. 8, finding that there was no evidence that the seller suffered an actual injury as a direct result of a competitor's conduct (Verisign Inc. v. XYZ.com LLC and Daniel Negari, No. 15-2526, 4th Cir., 2017 U.S. App. LEXIS 2264).



Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products
SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).



Federal Judge Remands Company's UCL Claims Related To Trademark
OAKLAND, Calif. - A California federal judge on Feb. 10 granted an exclusive licensee's motion to remand its claims for violation of California's unfair competition law (UCL) and other claims related to the alleged unauthorized use of a trademark, finding that it did not waive its right to remand the action (SWC Inc. v. Elite Promo Inc., No. 16-cv-07071, 2017 U.S. Dist. LEXIS 19513).