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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®


Federal Circuit To Hold Arguments In Kodak Appeal Of Patent Board Holding
WASHINGTON, D.C. - The Federal Circuit is scheduled to hear allegations in oral arguments on Feb. 1 by Eastman Kodak Co. and others that the Patent Trial and Appeal Board erred when deeming three claims of a "computer to plate" printing patent nonobvious (Eastman Kodak Company, et al., v. CTP Innovations, No. 17-1278, Fed. Cir.).

Maker Of Antipsychotic Drug Tells Federal Circuit Patent Is Infringed
WASHINGTON, D.C. - In a Jan. 26 cross-appellant brief Forest Laboratories LLC argued that although a Delaware federal judge properly determined that two claims of the patented atypical antipsychotic drug Saphris were not obvious, she erred in finding that several generic drug makers' proposed products would not infringe (Forest Laboratories LLC v. Hikma Pharmaceuticals LLC, et al., No. 17-2369, Fed. Cir.).

ABA Tells Federal Circuit: PTO Fee Awards Would 'Hamper Access To Justice'
WASHINGTON, D.C. - In a Jan. 23 amicus brief, the American Bar Association (ABA) urges the Federal Circuit U.S. Court of Appeals to undo its June 2017 ruling that the U.S. Patent and Trademark Office (USPTO) may seek recovery of its attorney fees when it must defend its rejection of a patent application in court (Nantkwest Inc. v. Joseph A. Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).

Apple Tells Federal Circuit Wisconsin Patent Trial Was 'Fraught With Error'
WASHINGTON, D.C. - In a Jan. 17 appellee brief filed in the Federal Circuit U.S. Court of Appeals, the Wisconsin Alumni Research Foundation (WARF) defended the propriety of an October 2015 jury verdict that Apple Inc. infringed a computer processor patent, in contrast to the software giant's recent assertion that "no reasonable jury could find that Apple's processors operate exactly as the asserted claims require" (Wisconsin Alumni Research Foundation v. Apple Inc., Nos. 2017-2265, -2332, -2380, -2400, Fed. Cir.).

Oksana Baiul Petitions High Court Over Copyright Act Preemption
WASHINGTON, D.C. - In a Jan. 22 petition for certiorari, Olympic figure skater Oksana Baiul asks the U.S. Supreme Court to consider whether the complete preemption doctrine of Section 301 of the Copyright Act can be applied to state law claims that merely touch on copyright law (Oksana Baiul, et al. v. NBC Sports, et al., No. 17-1033, U.S. Sup.).

Architectural Firm Seeks Review Of Copyright Law Protecting Building Designs
WASHINGTON, D.C. - In a Jan. 19 petition for certiorari, an architectural firm asks the U.S. Supreme Court to review the rights and affections provided to authors of architectural works under the Architectural Works Copyright Protection Act (AWCPA), asserting that lower court rulings failed to enforce its rights by finding that a former client had an implied license in disputed design plans (Frost-Tsuji Architects v. Highway Inn Inc., et al., No. 17-1025, U.S. Sup.).

Asian Food Firm Defends Fees Denial In Trademark Suit To 9th Circuit
SAN FRANCISCO - In a Jan. 22 appellee brief, an Asian foods maker tells the Ninth Circuit U.S. Court of Appeals that a trial court has twice properly denied a defendant's motions for attorney fees in a trademark dispute, arguing that the correct "totality of the circumstances" standard was thoroughly considered (Anhing Corp. v. Viet Phu Inc., et al., No. 17-55851, 9th Cir.).

'Sealtight' Trademark Holder Tells 8th Circuit It Deserves Disgorgement Of Profits
ST. LOUIS - A fastener manufacturer argues in a Jan. 30 brief in the Eighth Circuit U.S. Court of Appeals that an infringement verdict in its favor related to its "Sealtight" trademark should have resulted in an award of disgorgement of the infringer's profits, saying that the trial court improperly balanced the parties' equities in denying the award (B&B Hardware Inc. v. Hargis Industries Inc., No. 17-1570 and 17-1755, 8th Cir.).

Federal Circuit Holds Oral Arguments In Dispute Over Denied Fee Award
WASHINGTON, D.C. - A dispute over the question of whether an "exceptional case" finding in a district court can be based on events that occur during an inter partes re-examination or review was argued before the Federal Circuit U.S. Court of Appeals on Jan. 10 (SAP America Inc. v. Wellogix Inc., No. 17-1176, Fed. Cir.).

Inventors: Denial Of Patent Application By Examiner Was Error
WASHINGTON, D.C. - In a Jan. 11 reply brief, two appellants tell the Federal Circuit U.S. Court of Appeals that their invention "advanced the science" by "creating a previously unknown composition of matter" and discovering a new usefulness for the composition, thereby rendering the invention eligible for patent protection (In re: Trevor Pearson and Craig Robertson, No. 17-2530, Fed. Cir.).

Patent Owner, Challenger Both Appeal Board Rulings To Federal Circuit
WASHINGTON, D.C. - An inter partes review (IPR) petitioner that successfully established obviousness of 32 claims of three patents nonetheless argues in a Jan. 9 brief that the Patent Trial and Appeal Board ruling did not go far enough and should have instead invalidated all challenged claims (Vivint Inc. v. Inc., Nos. 2017-2218, -2219, -2220, -2260, -2261, -2262, Fed. Cir.).

Fair Use Finding In Copyright Case Appealed By Dr. Seuss Enterprises
NEW YORK - In a Dec. 21 appellant brief to the Second Circuit U.S. Court of Appeals, Dr. Seuss Enterprises L.P. (DSE) - owner of the rights to the Dr. Seuss literary works - argues that a New York federal judge erred in deeming a play featuring the popular Seuss character Cindy-Lou Who a fair use of DSE's "How the Grinch Stole Christmas" copyright (Matthew Lombardo, et al., v. Dr. Seuss Enterprises L.P., No. 17-2952, 2nd Cir.).

Jay-Z, Others Erroneously Prevailed In Copyright Case, Appellant Tells 2nd Circuit
NEW YORK - Claims of copyright infringement surrounding the "Roc-A-Fella" logo should have proceeded but were instead disposed of on summary judgment, the alleged creator of the logo told the Second Circuit U.S. Court of Appeals on Nov. 20 (Dwayne D. Walker, Jr. v. Shawn Carter, et al., No. 17-2483, 2nd Cir.).

Festival Host To 9th Circuit: 'Life Is Beautiful' Marks Were Fraudulently Obtained
SAN FRANCISCO - The organizer of the annual "Life is Beautiful" festival tells the Ninth Circuit U.S. Court of Appeals in a Jan. 5 brief that an artist's trademark claims related to that phrase were properly dismissed due to unclean hands and a failure to use the asserted marks in commerce (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 17-55045, 9th Cir.).

Boston Band Founder Argues Contract Breach From Ex-Member's Trademark Use
BOSTON - In a Dec. 29 brief to the First Circuit U.S. Court of Appeals, Tom Scholz, who founded the multiplatinum-selling rock band Boston, argues that a former band member's use of the "Boston" trademark to promote his post-Boston musical endeavors breached a previous settlement agreement between them (David Thomas Scholz v. Barry Goudreau, No. 17-1264, 1st Cir.).

Generic Vietnamese Soup Marks Were Properly Canceled, Firm Tells 9th Circuit
SAN FRANCISCO - Because evidence and testimony established that the Vietnamese word "cot" is generic in the context of soup, a Vietnamese food distributor argues in a Dec. 19 brief to the Ninth Circuit U.S. Court of Appeals that a trial court correctly canceled a rival firm's trademarks incorporating the word and issued judgment accordingly on the rival's infringement claims (Quoc Viet Foods Inc. v. VV Foods LLC, et al., No. 17-55331 and 17-55742, 9th Cir.).

11th Circuit Briefed On Trademark Rights For Karaoke Tracks
ATLANTA - In briefs filed with the 11th Circuit U.S. Court of Appeals, a karaoke track producer and a karaoke service operator recently debated whether a likelihood of confusion can arise from the operator's use of purportedly pirated karaoke tracks that display the producer's trademarks (Phoenix Entertainment Partners LLC v. Kevin Burke, No. 17-13043, 11th Cir.).

Former Jack In The Box Franchisee Appeals Contract Trademark Judgment
SAN FRANCISCO - Arguing that disputed facts exist on a purported cure agreement and the amounts owed to franchisor Jack in the Box Inc. (JIB), a terminated franchisee tells the Ninth Circuit U.S. Court of Appeals in a Dec. 19 reply brief that a trial court wrongly issued judgment against it on trademark infringement and contract claims (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir.).

Parties Dispute Validity Of Sloan-Kettering Immunotherapy Patent
WASHINGTON, D.C. - In a Dec. 15 response brief, a patent challenger tells the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board erred in finding no motivation to combine various prior art to arrive at an invention claiming chimeric antigen receptor (CAR) immunotherapy (Kite Pharma Inc. v. Sloan-Kettering Institute for Cancer Research, No. 17-1647, Fed. Cir.).

Photographer, Publisher Debate Copyright Pleadings Standard In 2nd Circuit
NEW YORK - With a Feb. 2 oral argument date approaching, the Second Circuit U.S. Court of Appeals has been fully briefed by a photographer who alleges that a license to use his copyrighted pictures was exceeded and a publisher that says the infringement claim against it was properly dismissed for failure to plead with specificity (Michael Yamashita, et al. v. Scholastic Inc., No. 17-1957, 2nd Cir.).

Board Erred In Deeming Technology Anticipated, Patent Owner Says
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 8 will hold oral arguments in a dispute over a September 2016 ruling by the Patent Trial and Appeal Board that rendered various claims of an OpenTV Inc. patent anticipated by a European patent application (OpenTV Inc. v. Joseph A. Matal, No. 17-1250, Fed. Cir.).