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

LexisNexis® Mealey's™ Intellectual Property Pleadings Legal News



Headline Intellectual Property Pleadings Legal News from LexisNexis®



 



Company Tells High Court To Keep Interpretation On Venue Statutes In Patent Suit
WASHINGTON, D.C. - A producer and supplier of liquid water enhancers and zero calorie sweeteners argues in a Jan. 30 brief to the U.S. Supreme Court that its interpretation of the statutory phrase "the judicial district where the defendant resides" "mean[s] the state of incorporation only" and that the venue is "not to be supplemented" by other provisions (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Software Developer Asks High Court To Abandon PTO's Review Procedures
WASHINGTON, D.C. - The U.S. Supreme Court should review an appellate court ruling that the U.S. Patent Trial and Appeal Board's (PTAB) final decision in an inter partes review (IPR) did not need to address every challenged patent claim but rather only some, an analytic software developer says in a Jan. 31 petition (SAS Institute Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office and ComplementSoft LLC, No. 16-969, U.S. Sup.).



Oil Services Company Tells High Court To Deny Review On IPR's Constitutionality
WASHINGTON, D.C. - In response to a petition asking for a U.S. Supreme Court decision on whether inter partes review (IPR) violates the U.S. Constitution, an oilfield services company argues in a Jan. 30 opposition brief that the Federal Circuit U.S. Court of Appeals "has repeatedly and correctly rejected the argument that the Constitution prohibits the Patent and Trademark Office (PTO) from correcting its own error in issuing a patent that fails the statutory requirements" (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Patent Owner: Rehearing Of Federal Circuit Summary Affirmance Is Warranted
WASHINGTON, D.C. - A January affirmance without opinion of the Patent Trial and Appeal Board by the Federal Circuit U.S. Court of Appeals in a dispute over the results of an inter partes review should be reheard, the patent owner told the Federal Circuit Feb. 9 (Leak Surveys Inc. v. FLIR Systems Inc., Nos. 16-1299, -1300, Fed. Cir.).



Drug Maker Tells Federal Circuit Ruling Invalidating Velcade Patent Was Error
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Feb. 6 heard oral arguments in a dispute over the cancer-fighting prodrug Velcade, following findings in 2015 by a Delaware federal judge that the patent covering the pharmaceutical composition is invalid (Millennium Pharmaceuticals Inc. v. Sandoz Inc., et al., Nos. 2015-2066, 2016-1008, -1009, -1010, -1109, -1110, -1283, Fed. Cir.).



Firearms Seller Seeks Review Over Denial To Assert Profits Claim In Trademark Suit
WASHINGTON, D.C. - A seller and distributor of firearms, in a trademark infringement lawsuit, petitioned on Jan. 25 for writ of certiorari to ask the U.S. Supreme Court whether a district court's refusal to allow it to amend 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.).



Company Seeks High Court Review Of Res Judicata Ruling Under B&B Hardware
WASHINGTON, D.C. - A software company in a Jan. 18 petition for writ of certiorari asks the U.S. Supreme Court to decide whether the Fifth Circuit U.S. Court of Appeals is bound by B&B Hardware Inc. v. Hargis Industries Inc., 135 S.Ct. 1293 (2015), "in a trademark declaratory action brought solely to relitigate the likelihood of confusion issue after the Trademark Trial and Appeal Board had already rendered a final judgment determining likelihood of confusion" (M2 Software Inc. v. M2 Technology Inc., No. 16-909, U.S. Sup.).



Belmora Argues Courts Recognize Limits To Suing For Trademark Cancellation
WASHINGTON, D.C. - In a Feb. 8 reply brief, Belmora LLC argues to the U.S. Supreme Court that courts "generally recognized that the principle of territoriality imposed a real limit on who could sue for cancellation of a trademark or unfair competition under the Lanham Act" (Belmora LLC and Jamie Belcastro v. Bayer Consumer Care AG, et al., No. 16-548, U.S. Sup.).



Alumni Association: 1st Amendment Bars Trademark Case Over Use Of Name
WASHINGTON, D.C. - The First Amendment to the U.S. Constitution protects an alumni association from trademark infringement claims in connection with its use of the words "alumni association" in conjunction with the university's name, the alumni association argues in its Jan. 30 reply brief to the U.S. Supreme Court, because it cannot identify who its members are without using the university's name (Alumni Association of New Jersey Institute of Technology v. New Jersey Institute of Technology, No. 16-798, U.S. Sup.).



Home Builders: High Court Should Deny Review Of Intervest In Copyright Suit
WASHINGTON, D.C. - In a dispute over an architectural floor plan, home builders in a Feb. 6 brief respond that the U.S. Supreme Court should not consider whether Intervest Construction Inc. v. Canterbury Estate Homes Inc. should be overruled because architectural works are protectable under the Copyright Act but that protection is limited by statute (Home Design Services Inc. v. Turner Heritage Homes Inc., et al., No. 16-858, U.S. Sup.).



Oracle Appeals Java Fair Use Ruling To Federal Circuit In Google Copyright Suit
WASHINGTON, D.C. - In a Feb. 10 appellant brief in the Federal Circuit U.S. Court of Appeals, Oracle America Inc. asserts error in a trial court's finding that Google Inc.'s copying of certain elements of its Java technology constituted fair use, arguing that the court failed to consider Google's misrepresentations and harm to the Java market (Oracle America Inc. v. Google Inc., No. 17-1118 and 17-1202, Fed. Cir.).



Video-Streaming Firm's Filtering Service Violates DMCA, Studios Tell 9th Circuit
SAN FRANCISCO - Several movie studios tell the Ninth Circuit U.S. Court of Appeals in a Feb. 8 appellee brief that a video-streaming service provider blatantly violated the Digital Millennium Copyright Act (DMCA) by circumventing the technological protection measures (TPMs) on DVD and Blu-ray copies of their movies to offer edited versions to customers, also arguing that the defendant's defenses under the Family Movie Act (FMA) are incompatible with that statute's purposes (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).



University, Publishers Argue Fair Use In Electronic Works Posting In 11th Circuit
ATLANTA - On the second appeal regarding the alleged copyright infringement of educational materials by electronic posting of their excerpts by Georgia State University (GSU) faculty, the university argues in a Feb. 6 appellee brief that a trial court judge correctly determined fair use of the works at issue by finding that the postings had not led to market substitution of the works (Cambridge University Press, et al. v. Georgia State University, et al., No. 16-15726, 11th Cir.).



Impression Argues To High Court: Patentee May Not Avoid Patent Exhaustion
WASHINGTON, D.C. - A patentee may not avoid patent exhaustion "by selling its goods with putative post-sale restrictions attached," Impression Products Inc. argues in a Jan. 17 brief to the U.S. Supreme Court in response to the question of whether foreign sales exhaust a patent owner's right to sue and if they can impose restrictions on the use of patented items to prevent an exhaustion of their rights (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).



Patent Owner Seeks Review In Lawsuit With Apple Over Claim Construction
WASHINGTON, D.C. - Patent owners ask the U.S. Supreme Court in a Dec. 22 petition for writ of certiorari to answer whether claim construction presumes that "the ordinary meaning as understood by a person of skill in the art is the correct construction for claim terms, absent a redefinition or disclaimer in the patent specification" and whether the specification limits "the scope of claim terms to capture the 'actual invention' as implemented in the exemplary embodiments provided in the specification" (Wi-LAN USA Inc. and Wi-LAN Inc. v. Apple Inc., No. 16-913, U.S. Sup.).



Patent Owner Asks High Court For Clarification Of Eligibility Under Diehr/Alice
WASHINGTON, D.C. - The U.S. Supreme Court must consider 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.C. 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. argues in its Jan. 13 petition (TDE Petroleum Data Solutions Inc. v. AKM Enterprise Inc. and DBA Mobilize Inc., No. 16-890, U.S. Sup.).



DuPont Asks High Court To Review Obviousness Of Printing Patents Under KSR
WASHINGTON, D.C. - E.I. du Pont de Nemours & Co. in a Jan. 18 petition asks the U.S. Supreme Court to answer whether the Seventh Amendment to the Constitution and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), allow a court to find a claimed invention obvious on summary judgment because elements of the claimed invention may have existed in prior art (E.I. du Pont de Nemours & Co. v. MacDermid Printing Solutions LLC, No. 16-905, U.S. Sup.).



Government Tells High Court Not To Review Drug Trademark Dispute
WASHINGTON, D.C. - The federal government argues in a Jan. 24 opposition brief that the U.S. Supreme Court should not review a ruling that held Bayer Consumer Care AG (BCC) and Bayer Healthcare LLC (Bayer, collectively) could sue under Sections 14(3) and 43(a) of the Lanham Act over a foreign brand name the company never used in the United States because concerns that it would dramatically change U.S. trademark law were "overblown" (Belmora LLC and Jamie Belcastro v. Bayer Consumer Care AG, et al., No. 16-548, U.S. Sup.).



University Opposes Supreme Court Review Of Trademark Case Over Use Of Name
WASHINGTON, D.C. - A New Jersey university argues in a Jan. 20 opposition brief that the U.S. Supreme Court should not review whether the First and 14th Amendments to the U.S. Constitution protect an alumni association from trademark infringement claims in connection with its use of the words "alumni association" in conjunction with the university's name (Alumni Association of New Jersey Institute of Technology v. New Jersey Institute of Technology, No. 16-798, U.S. Sup.).



Supplement Seller Seeks Review On If Influence Shows Control For Vicarious Liability
WASHINGTON, D.C. - A seller of nutritional supplement products on Jan. 24 asked the U.S. Supreme Court to decide if an appellate court improperly held "that indirect influence is sufficient to demonstrate the required control for vicarious liability and that no proof is needed that the claimed infringements act as a draw for customers" (Stemtech International Inc. f/k/a Stemtech Healthsciences Inc. v. Andrew Paul Leonard d/b/a APL Microscopic, No. 16-928, U.S. Sup.).



Music Industry Groups Support Review In Dispute On DMCA Immunity For Pre-1972 Works
WASHINGTON, D.C. - Music industry groups argue in a Jan. 17 amicus curiae brief that the U.S. Supreme Court should take up a petition from a group of record labels asking for a review on whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA) provides for internet service providers apply to sound recordings from before 1972, which are governed by state law, rather than federal copyright law (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup.).



Video-Streaming Company Tells 9th Circuit Its Movie- Filtering Service Is Fair Use
SAN FRANCISCO - Appealing a trial court injunction preventing it from providing content-filtered copies of four movie studios' films to its customers, a video-on-demand (VOD) provider told the Ninth Circuit U.S. Court of Appeals in a Jan. 27 brief that its services constitute fair use under the Copyright Act and are specifically protected by the Family Home Movie Act (FMA) (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).



Home Design Company Seeks High Court Review Of Intervest In Copyright Suit
WASHINGTON, D.C. - In a dispute over an architectural floor plan, a home design company asks the U.S. Supreme Court in a Dec. 21 petition for certiorari to consider whether Intervest Construction Inc. v. Canterbury Estate Homes Inc. (554 F.3d 914, 919 [11th Cir. 2008]) 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.).



9th Circuit Hears Arguments On Copyright Infringement Against Urban Outfitters
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals heard oral arguments on Jan. 13 in a copyright infringement lawsuit over whether a trial judge erred in finding that Urban Outfitters Inc. and a department store infringed a copyrighted fabric design and whether a jury's finding of willfulness was supported by substantial evidence (Unicolors Inc. v. Urban Outfitters Inc., et al., No. 15-55507, 9th Cir.).



Alumni Association Asks High Court To Review Trademark Case Over Use Of Name
WASHINGTON, D.C. - A New Jersey technology alumni association on Dec. 9 petitioned the U.S. Supreme Court to answer whether the First and 14th Amendments to the U.S. Constitution protect it from claims of trademark infringement in connection with its use of the words "Alumni Association," in conjunction with the name of a state university (Alumni Association of New Jersey Institute of Technology v. New Jersey Institute of Technology, No. 16-798, U.S. Sup.).



PTO Says Lanham Act Declines To Link Government With Disparaging Marks
WASHINGTON, D.C. - Michelle K. Lee, under secretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office, argues in her Jan. 9 reply brief to the U.S. Supreme Court that 15 U.S. Code Section 1052(a) does not restrict speech but rather "declines to assist, and declines to associate the federal government with, marks containing disparaging terms" (Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).



Patent Owner Asks Court To Answer If Inter Partes Review Is Unconstitutional
WASHINGTON, D.C. - The U.S. Supreme Court has been asked in a Nov. 23 petition filed by a patent owner to decide whether inter partes review (IPR) violates the U.S. Constitution by "extinguishing private property rights through a non-Article III forum without a jury" (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Patent Owner Asks High Court To Review Federal Circuit Authority Over PTO
WASHINGTON, D.C. - A patent owner argues in its Jan. 10 reply brief in further support that the U.S. Supreme Court should determine whether the Federal Circuit U.S. Court of Appeals can "impute a patent law claim into a complaint that does not explicitly contain a claim arising under patent law in order to exert appellate jurisdiction" (Big Baboon Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office, et al., No. 16-496, U.S. Sup.).



Apple Tells High Court Not To Remand ITunes Patent Challenge Under Cuozzo
WASHINGTON, D.C. - Apple Inc. argues in a Jan. 9 supplemental brief that the U.S. Supreme Court should not remand a case asking when a petition fails to give "sufficient notice" and what constitutes the Patent Trial and Appeal Board (PTAB) acting outside its limits to permit judicial review because there are questions left unanswered by Cuozzo Speed Technologies LLC v. Lee (136 S. Ct. 2131 [2016]) (SightSound Technologies LLC v. Apple Inc., No. 16-483, U.S. Sup.).



Patent Owner Seeks High Court Review Of Finding Under Step 2 Of Alice
WASHINGTON, D.C. - A patent owner petitioned the U.S. Supreme Court on Jan. 5 to answer if patent claims can be invalidated under 35 U.S. Code Section 101 by finding under step two of Alice Corp. Pty. Ltd. v. CLS Bank Int'l. (134 S. Ct. 2347 [2014]) that the claims "involve the conventional implementation of an abstract concept" based upon evidence "that the ordered combinations of hardware in the claims are unconventional apparatuses with novel applications" (IPLearn-Focus LLC v. Microsoft Corp., No. 16-859, U.S. Sup.).