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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®



 



Oral Arguments Held In Patent Dispute Over Zolmitriptan Nasal Spray
WASHINGTON, D.C. - A patent infringement defendant at oral arguments on April 5 told the Federal Circuit U.S. Court of Appeals that a Delaware federal judge committed reversible errors of law in finding that a patented formulation of zolmitriptan suitable for intranasal administration was nonobvious (Lannett Holdings Inc. v. Impax Laboratories Inc., et al., No. 17-2020, Fed. Cir.).



Damages For Foreign Patent Infringement Argued In Supreme Court Briefs
WASHINGTON, D.C. - A patent holder tells the U.S. Supreme Court in an April 9 reply brief that the presumption against extraterritorial application of U.S. law does not preclude a patentee from being awarded damages for foreign infringement when the resulting injury was domestic (WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, U.S. Sup.).



On Remand From Supreme Court, Federal Circuit Holds Arguments In Laches Dispute
WASHINGTON, D.C. - A patent owner on April 6 told the Federal Circuit U.S. Court of Appeals at oral arguments that the U.S. Supreme Court's rulings on laches in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 137 S. Ct. 954, 967 (2017), and Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2013), compels reversal of a New York federal judge's decision to deny a request for relief under Federal Rule of Civil Procedure 60(b)(6), Fed. R. Civ. P. 60(b)(6) (Medinol Ltd. v. Cordis Corporation and Johnson & Johnson, No. 15-1027, Fed. Cir.).



Validity Of Messaging Patent Debated In Briefs Before Federal Circuit
WASHINGTON, D.C. - In an April 2 appellee brief, a patent owner defends a decision by the Patent Trial and Appeal Board (PTAB or board) that rejected allegations of obviousness by WhatsApp Inc. and Facebook Inc. (WhatsApp Inc., et al. v. TriPlay Inc., Nos. 17-2549, -2551, Fed. Cir.).



Parties Brief Dispute Over Voice, Video Transmission Patents Before Federal Circuit
WASHINGTON, D.C. - A Delaware federal judge's construction of "signal interface" as inclusive of an implicit positional limitation was erroneous, a patent owner tells the Federal Circuit U.S. Court of Appeals in a recent brief (United Access Technologies LLC v. AT&T Corporation, et al., Nos. 2017-2614, -2615, -2616, 2018-1030, -1031, -1032, Fed. Cir.).



Band Members Argue Ownership, Infringement Of 'Ratt' Trademark In 9th Circuit
SAN FRANCISCO - The former bassist for Ratt defends his ownership rights in the band's trademarks in an April 6 cross-appellant brief, asking the Ninth Circuit U.S. Court of Appeals to affirm a trial court's finding that the purported transfer of the marks' ownership was ineffective (WBS Inc. v. Juan Croucier, et al., No. 17-55973 and 17-56009, 9th Cir.).



Amici Support En Banc Rehearing Of Fair Use Suit Over Media-Monitoring Service
NEW YORK - A group of amici curiae, comprising nonprofit and media critic organizations, filed a brief April 3 urging the Second Circuit U.S. Court of Appeals to rehear a case in which a panel majority found certain aspects of an online media-monitoring service use of copyrighted materials to not be fair use, despite deeming the use transformative (Fox News Network LLC v. TVEyes Inc., No. 15-3885, 2nd Cir.).



Petition Challenging Inter Partes Review Presents No Unique Issue, Respondents Say
WASHINGTON, D.C. - In a March 26 opposition brief, four respondents that successfully challenged a software anti-piracy patent tell the U.S. Supreme Court that the patentee's petition for certiorari challenging the constitutionality of inter partes review (IPR) raises no new issues that will not be addressed by its pending ruling in Oil States Energy Services LLC v. Greene's Energy Group LLC (Uniloc USA Inc., et al. v. SEGA of America Inc., et al., No. 17-1018, U.S. Sup.).



Parties Again Square Off In Federal Circuit Appeal Of Patent Board Ruling
WASHINGTON, D.C. - In what the Federal Circuit U.S. Court of Appeals has styled a "companion" case to a dispute involving a related patent, United Technologies Corp. (UTC) and General Electric Co. (GE) recently completed briefing in another dispute over an inter partes review (IPR) by the Patent Trial and Appeal Board, in which various claims of a UTC gas turbofan engine patent were deemed anticipated or obvious (United Technologies Corp. v. General Electric Co., No. 18-1020, Fed. Cir.).



Federal Circuit Poised To Hear Arguments In Dispute Over Device-Charging Patent
WASHINGTON, D.C. - A panel of the Federal Circuit U.S. Court of Appeals will hold oral arguments April 2 in a patent owner's appeal of an adverse inter partes review (IPR) initiated by Apple Inc. (Comarco Wireless Technologies v. Apple Inc., No. 17-1929, Fed. Cir.).



Reply Brief Filed; Oral Arguments Held Before En Banc Federal Circuit
WASHINGTON, D.C. - A dispute over the availability of attorney fees for the U.S. Patent and Trademark Office (USPTO) upon a successful defense of a rejected patent application is now before the Federal Circuit U.S. Court of Appeals following en banc oral arguments on March 8 (NantKwest Inc. v. Joseph A. Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).



Omaha Steaks Appeals Rejection Of Trademark Opposition To Federal Circuit
WASHINGTON, D.C. - A September 2017 final order by the Trademark Trial and Appeal Board that turned away Omaha Steaks International Inc.'s opposition to a trademark application for "Greater Omaha Providing The Highest Quality Beef" is at the center of a dispute before the Federal Circuit U.S. Court of Appeals (Omaha Steaks International Inc. v. Greater Omaha Packing Co. Inc., No. 18-1152, Fed. Cir.).



Default Judgment In 'DermaPen' Trademark Suit Argued Before 10th Circuit
DENVER - The Tenth Circuit U.S. Court of Appeals on March 21 heard arguments from the parties in a dispute over U.S. rights to the "DermaPen" trademark, with arguments focusing on whether a trial court properly entered default judgment against the underlying defendants for failure to comply with a court order requiring them to retain counsel (Steve Marshall v. Derma Pen LLC, No. 17-4096, 10th Cir.).



Fair Use Of Dr. Seuss' 'Grinch' By Playwright Debated In 2nd Circuit
NEW YORK - In a March 26 reply brief, Dr. Seuss Enterprises L.P. (DSE), which holds the rights to all of Dr. Seuss' works, tells the Second Circuit U.S. Court of Appeals that a New York playwright's use of elements from "How the Grinch Stole Christmas!" in a purported parody infringed the famous children's author's copyrights and did not constitute fair use (Matthew Lombardo, et al. v. Dr. Seuss Enterprises L.P., No. 17-2952, 2nd Cir.).



Media-Monitoring Service Seeks Rehearing Of Fair Use Ruling For Fox News
NEW YORK - Less than a month after a Second Circuit U.S. Court of Appeals panel found its online media-monitoring service to not be fair use and, thus, infringing of Fox News Network LLC's copyrighted content, TVEyes Inc. on March 20 petitioned the court for rehearing en banc, seeking reconsideration of the panel's market harm analysis (Fox News Network LLC v. TVEyes Inc., No. 15-3885, 2nd Cir.).



Government Seeks To Argue In High Court Foreign Patent Infringement Profits Suit
WASHINGTON, D.C. - One week after filing an amicus curiae brief, the U.S. government on March 9 filed a motion in the U.S. Supreme Court, seeking leave to participate in April 18 oral arguments in a case focusing on whether a patent holder can be awarded profits for a party's acts of infringement outside the United States (WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, U.S. Sup.).



Oracle Opposes Certiorari In Challenge To Inter Partes Review's Constitutionality
WASHINGTON, D.C. - Oracle Corp. and NetApp Inc. filed a brief March 5 urging the U.S. Supreme Court to deny certiorari to a firm whose patent was declared invalid after inter partes review (IPR), arguing that that no deference to the pending decision on the constitutionality of IPR in Oil States Energy Services, LLC v. Greene's Energy Group, LLC is needed because the petitioner forfeited any constitutional argument (KIP CR P1 LP v. Oracle Corp., et al., No. 17-707, U.S. Sup.).



Patent Owner Again Appeals Adverse Inter Partes Review Findings To Federal Circuit
WASHINGTON, D.C. - Briefing was recently completed in a dispute pending before the Federal Circuit U.S. Court of Appeals, in which a patent owner asserts that the Patent Trial and Appeal Board erred on remand from a December 2016 ruling by the Federal Circuit when it again deemed various claims of a credit card transaction security patent anticipated and obvious (John D'Agostino v. Mastercard International Inc., Nos. 18-1000, -1001, Fed. Cir.).



Fraud, Patent Dispute Over Infringed Toothbrush Argued Before Federal Circuit
WASHINGTON, D.C. - A patent owner told the Federal Circuit U.S. Court of Appeals at oral arguments on March 9 that an infringer requested samples of a flexible toothbrush - then marked "patent pending" - with the intent to copy the technology for resale under a competing brand, and then concealed evidence of infringing shipments from a Washington federal judge (Loops LLC, et al., v. Phoenix Trading Inc., et al., No. 17-1316, Fed. Cir.).



Oral Arguments Held In Dispute Over Denied Fee Award In Patent Case
WASHINGTON, D.C. - At oral arguments on March 5 counsel for three prevailing patent infringement defendants told the Federal Circuit U.S. Court of Appeals that a Delaware federal judge erred in deeming the underlying case unexceptional under Section 285 of the Patent Act (Sarif Biomedical LLC v. Brainlab Inc., et al., No. 17-1103, Fed. Cir.).



Parties Brief Federal Circuit In Dispute Over Turbofan Engine Patent
WASHINGTON, D.C. - The Patent Trial and Appeal Board erred in deeming four claims of a patent covering geared turbofan engine technology unpatentable under Sections 102 and 103 of the Patent Act, 35 U.S.C. 102, 103, the patent owner maintains in an appeal to the Federal Circuit U.S. Court of Appeals (United Technologies Corp. v. General Electric Company, No. 17-2537, Fed. Cir.).



McGraw-Hill Tells High Court Photo Licensor Lacks Standing To Bring Copyright Suit
WASHINGTON, D.C. - In a March 13 opposition brief, McGraw-Hill Global Education Holdings LLC asks the U.S. Supreme Court to deny a photo licensor's petition for certiorari, arguing that lower courts correctly found that the petitioner's nonexclusive licenses with photographers did not create standing to pursue copyright infringement claims over the licensed pictures (DRK Photo v. McGraw-Hill Global Education Holdings LLC, et al., No. 17-1170, U.S. Sup.).



Copyright, Contract Issues Argued In High Court Architectural Design Dispute
WASHINGTON, D.C. - With the filing of a March 7 reply, briefing concluded in the petition stage of an appeal to the U.S. Supreme Court in which a restaurant owner and an architectural firm debate the application of the Architectural Works Copyright Protection Act (AWCPA) in a dispute over whether an implied license permitted the purported use of copyrighted architectural plans after the plan designer's involvement with a construction project ended (Frost-Tsuji Architects v. Highway Inn Inc., et al., No. 17-1025, U.S. Sup.).



Cyprus Website Operator Claims Improper Service In Trademark Suit
SAN FRANCISCO - Disputing that it infringed the trademark of an American "sugar daddy" website operator, a Cyprus-based firm argues in a March 9 reply in the Ninth Circuit U.S. Court of Appeals that a trial court's entry of default judgment against it should be vacated for improper service (Reflex Media Inc. v. Apiriliaco Ltd., et al., No. 17-55505, 9th Cir.).