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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 Hears Oral Arguments In Dispute Over E-Commerce Patent
WASHINGTON, D.C. - In oral arguments on May 8, a patent owner took aim at a covered business method (CBM) review decision by the Patent Trial and Appeal Board that rendered unpatentable all claims of two patents covering e-commerce transactions (Linkgine Inc. v. VigLink Inc., et al., Nos. 16-2087, -2088, Fed. Cir.).



On Remand, Samsung Seeks Vacated Award, New Trial In Apple Design Patent Suit
SAN JOSE, Calif. - Samsung Electronics Co. Ltd. on April 21 filed a remand brief in California federal court, contending that, in the wake of a U.S. Supreme Court ruling that invalidated the basis for a $399 million infringement damages award against it, a new damages trial is merited in the long-running smartphone design patent dispute with Apple Inc. (Apple Inc. v, Samsung Electronics Co. Ltd., et al., No. 5:11-cv-01846, N.D. Calif.).



Tech Firm Seeks High Court Review Of Abstract Patentability Standard
WASHINGTON, D.C. - A company that received a trial court judgment declaring its signal analyzing patents invalid as abstract, which was upheld by the Federal Circuit U.S. Court of Appeals, filed a petition for certiorari April 6, asking the U.S. Supreme Court to correct what it calls a widespread practice of courts to incorrectly apply and improperly conflate patentability standards (Blue Spike LLC v. Google Inc., No. 16-1223, U.S. Sup.).



Means-Plus-Function Limitations Debated Before Federal Circuit
WASHINGTON, D.C. - A finding by a California federal judge that the means-plus-function limitation "means for mounting" in a patented method and system for real-time replication of file systems components was invalid for insufficient structure is under review by the Federal Circuit U.S. Court of Appeals, which heard oral arguments on May 8 (Twin Peaks Software Inc. v. IBM Corporation, No. 16-2177, Fed. Cir.).



PTO Director Says Patent Claims Are Invalid, Ineligible for Protection
WASHINGTON, D.C. - In a May 4 appellee brief, Michelle K. Lee, acting director of the U.S. Patent and Trademark Office (PTO), told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board properly rejected various claims of a patent application as anticipated (In re: C. Douglass Thomas, No. 17-1100, Fed. Cir.).



Patent Owner: Board Improperly Reallocated Burden In Review
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that a patented computer-assisted surgery planner for joint placement procedures is unpatentable was proper, an appellee told the Federal Circuit U.S. Court of Appeals in a May 3 brief (Blue Belt Technologies, et al. v. Mako Surgical Corp., No. 16-2740, Fed. Cir.).



Machine Company Tells 7th Circuit Defamation Pact Did Not Include Trademark Suit
CHICAGO - In a May 8 brief to the Seventh Circuit U.S. Court of Appeals, a machine company appeals a trial court's finding that the settlement of a defamation suit with a competitor also applied to a previously issued trademark judgment between the two firms and released a judgment in the plaintiff's favor (Engineered Abrasives Inc. v. American Machine Products & Services Inc., et al., No. 17-1429, 7th Cir.).



Government Opposes Certiorari In Dispute Over YouTube Video Takedown
WASHINGTON, D.C. - In a May 4 amicus curiae brief in the U.S. Supreme Court, the U.S. government voiced its opposition to a YouTube user's petition for certiorari, opining that a Ninth Circuit U.S. Court of Appeals ruling on good faith related to a copyright holder's Digital Millennium Copyright Act (DMCA) takedown notice does not conflict with existing case law, also stating that key issues regarding the copyright owner's "mental state" were not properly before the lower courts (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Pharrell Williams, Robin Thicke Argue 'Blurred Lines' Does Not Infringe Gaye Song
SAN FRANCISCO - Even though musicians Pharrell Williams and Robin Thicke admit to being inspired by the "groove" and "feel" of a 1977 Marvin Gaye song when writing their 2013 hit song "Blurred Lines," in an April 24 brief to the Ninth Circuit U.S. Court of Appeals, they argue that a jury's finding of copyright infringement was improperly based on noncopyrightable musical elements and not on the song's lead sheet (Pharrell Williams, et al. v. Frankie Christian Gaye, et al., No. 15-56880, 16-55089 and 16-55626, 9th Cir.).



Abbott, Costello Heirs Assert 'Who's On First?' Copyright Interest To High Court
WASHINGTON, D.C. - In an April 18 petition for certiorari in the U.S. Supreme Court, heirs of Abbott and Costello assert their copyright interests in the legendary comedy duo's iconic "Who's on First?" routine, arguing that renewal of unitary copyrights in two films containing the routine preserved its copyright, which was ultimately transferred to them (TCA Television Corp., et al. v. Kevin McCollum, et al., No. 16-1258, U.S. Sup.).



Video-On-Demand Patentee Seeks Review Of Alice Standard For Abstract Ideas
WASHINGTON, D.C. - Asserting that a lack of uniformity exists as to courts' application of the Alice v. CLS Bank International, 134 S.Ct. 2347 (2014), standard of patent eligibility, the owner of a video-on-demand (VOD) patent on April 13 filed a petition for certiorari, asking the U.S. Supreme Court to clarify its ruling in Alice as it relates to abstract ideas (Broadband iTV Inc. v. Hawaiian Telcom Inc., et al., No. 16-1241, U.S. Sup.).



3 Amicus Briefs Support Certiorari In Samsung, Apple Patent Suit
WASHINGTON, D.C. - Amicus curiae briefs filed April 10 by intellectual property professors, small business advocates and technology associates urge the U.S. Supreme Court to grant certiorari in a patent dispute between Samsung Electronics Co. Ltd. and Apple Inc., with the amici arguing that critical matters of obviousness and injunctive relief merit review (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Petition For Rehearing Filed With Federal Circuit In Section 101 Dispute
WASHINGTON, D.C. - A February ruling by the Federal Circuit U.S. Court of Appeals that affirmed findings that two data-processing patents claim ineligible subject matter was erroneous, the patent owner told the Federal Circuit in an April 19 combined petition for panel rehearing and rehearing en banc (Evolutionary Intelligence LLC v. Sprint Nextel Corp., et al., Nos. 2016-1188, -1190, -1191, -1192, -1194, -1195, -1197, -1198, -1199, Fed. Cir.).



SimpleAir, Google Again Square Off In Patent Appeal To Federal Circuit
WASHINGTON, D.C. - On the heels of a March ruling that confirmed a Patent Trial and Appeal Board holding that one SimpleAir Inc. patent is valid, the Federal Circuit U.S. Court of Appeals is poised to decide the propriety of a Texas federal judge's decision to dismiss a lawsuit against Google Inc. over two different SimpleAir patents (SimpleAir Inc. v. Google Inc., No. 16-2378, Fed. Cir.).



Patent Dispute Over Anticonvulsant Drug Briefed Before Federal Circuit
WASHINGTON, D.C. - A Delaware federal judge erroneously determined that a claimed pharmaceutical compound for lacosamide is not anticipated or obvious, two generic pharmaceutical companies recently argued to the Federal Circuit U.S. Court of Appeals (UCB Inc., et al. v. Accord Healthcare Inc., et al., Nos. 2016-2610, -2683, -2685, -2698, -2710, 2017-1001, Fed. Cir.).



PTO Director Defends Claim Construction In Appeal Of Rejected Patent
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on May 1 will hear oral arguments in a dispute over the Patent Trial and Appeal Board's construction of the disputed term "traversing," as it appears in a patent application for a device for extracting energy from fluid flow within the body (In re: Medical Biomech Partnership, No. 16-2159, Fed. Cir.).



2nd Petition For Certiorari Filed In Dispute Over 'M2' Trademark
WASHINGTON, D.C. - An April 7 petition for certiorari to the U.S. Supreme Court represents the second request for review of a 2016 Fifth Circuit U.S. Court of Appeals ruling that affirmed a finding of no infringement in a dispute over two technology firms' use of the "M2" trademark that has led to the filing of three lawsuits (David Escamilla v. M2 Technology Inc., et al., No. 16-1213, U.S. Sup.).



Day Care Operator Appeals Contempt Ruling In 'Rainbow' Trademark Suit
RICHMOND, Va. - A child care center operator filed a brief with the Fourth Circuit U.S. Court of Appeals on April 26, seeking reversal of a trial court's entry of two contempt orders, arguing that it made good faith efforts to remove a disputed "Rainbow" from its website (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., No. 17-1055, 4th Cir.).



Amici Urge 9th Circuit To Maintain Vicarious Copyright Liability Standard
PASADENA, Calif. - In an April 17 amicus curiae brief in the Ninth Circuit U.S. Court of Appeals, four internet and technology organizations oppose an adult entertainment firm's bid for rehearing its copyright infringement suit against a usenet provider, arguing that the existing panel ruling identified the proper causal connection standard for determining vicarious liability in online and technological contexts (Perfect 10 Inc. v. Giganews Inc., et al., No. 15-55500, 15-55523 and 15-56026, 9th Cir.).



Songwriter Appeals Sony's Attorney Fees Award In Copyright Suit To 1st Circuit
BOSTON - Despite rulings against him by a trial court and an appeals panel, a musician argues in an April 13 brief to the First Circuit U.S. Court of Appeals that Sony Corporation of America was improperly awarded attorney fees because it did not prevail on the underlying copyright infringement claims since the prior rulings deferred adjudication on the merits to an arbitrator (Luis Adrian Cortes-Ramos v. Sony Corporation of America, et al., No. 16-2441, 1st Cir.).



Halo, Pulse Again Square Off In Oral Arguments Before Federal Circuit
WASHINGTON, D.C. - A dispute over an award of prejudgment interest in a longstanding dispute over patented transformer packaging was argued April 5 before the Federal Circuit U.S. Court of Appeals (Halo Electronics Inc. v. Pulse Electronics Inc., No. 16-2006, Fed. Cir.).



Federal Circuit Hears Oral Arguments In Patent Ineligibility Case
WASHINGTON, D.C. - A determination that various claims of a patented method for providing and editing medical records are directed to patent-eligible subject matter was debated April 7 in oral arguments before the Federal Circuit U.S. Court of Appeals (Preservation Wellness Technologies LLC v. Allscripts Healthcare Solutions Inc., No. 16-2193, Fed. Cir.).



PTO: PTAB Need Not Issue Final Decision On All Claims For Inter Partes Review
WASHINGTON, D.C. - An appellate court correctly held that the Patent Trial and Appeal Board (PTAB) does not need to issue a final decision addressing the patentability of every claim identified in a petition for inter partes review (IPR), "including claims whose patentability the agency declined to review in the instituted proceeding," the U.S. Patent and Trademark Office (PTO) director tells the U.S. Supreme Court in an April 5 response brief (SAS Institute Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office and ComplementSoft LLC, No. 16-969, U.S. Sup.).



Appellant Tells Federal Circuit: No Fee Awards In Challenge Of Patent Rejections
WASHINGTON, D.C. - The applicability of the "American Rule" in disputes over a rejection of patent claims by the U.S. Patent and Trademark Office (PTO) is currently before the Federal Circuit U.S. Court of Appeals (Realvirt LLC v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 17-1159, Fed. Cir.).



Patent Defendant: Judge Erred In Undoing Jury's Verdict Of Invalidity
WASHINGTON, D.C. - A jury empanelled in Texas federal court correctly deemed various claims of two medical device patents invalid as anticipated and obvious, an infringement defendant recently argued to the Federal Circuit U.S. Court of Appeals (Flexuspine Inc. v. Globus Medical Inc., Nos. 17-1188, -1189, Fed. Cir.).



Biologic Firm Urges Supreme Court To Reject Prenotice FDA Approval Requirement
WASHINGTON, D.C. - In a March 31 brief, Sandoz Inc. tells the U.S. Supreme Court that rival biologic maker Amgen Inc. and the Federal Circuit U.S. Court of Appeals have improperly read a requirement into a federal biosimilar statute mandating Food and Drug Administration approval of a biologic license application prior to the statute's required 180-day premarketing notice (Sandoz Inc. v. Amgen Inc., et al.., No. 15-1039 and 15-1195, U.S. Sup.).



Samsung's Amicus Filers Back Obviousness Question In Patent Suit With Apple
WASHINGTON, D.C. - Nonprofit organizations for civil liberties filed an amicus curiae brief on April 10 in support of the U.S. Supreme Court deciding Samsung Electronics Co.'s petition on whether Graham v. John Deere Co., 383 U.S. 1 (1966), and KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), require a court to hold patents obvious under 35 U.S. Code Section 103, "where the patents make at most trivial advances over technologies well-known to a person of skill in the art" (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Megaupload Executives Ask High Court To Hear Foreign Asset Forfeiture Case
WASHINGTON, D.C. - In an April 7 petition for certiorari, former executives with now-defunct file-sharing service Megaupload ask the U.S. Supreme Court to hear arguments over the U.S. government's application of laws governing the forfeiture of foreign-held assets by those deemed to be fugitives avoiding prosecution, arguing that their assets were wrongly seized in conjunction with a novel, untested theory of criminal copyright infringement (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



HBO Tells 9th Circuit 'Ballers' Copyright Suit Was Properly Dismissed
SAN FRANCISCO - Home Box Office Inc. (HBO) and others connected with the television show "Ballers" argue in an April 3 Ninth Circuit U.S. Court of Appeals appellee brief that the series is not substantially similar to a copyrighted work of two California writers, seeking affirmance of a trial court order dismissing the infringement suit (Everette Silas, et al. v. Home Box Office Inc., et al., No. 16-56215, 9th Cir.).



Usenet Provider Opposes 9th Circuit Rehearing Over Vicarious Liability
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel correctly found that it was not liable for its users' posting of copyrighted adult pictures, a usenet service provider asserts in an April 10 brief opposing an adult entertainment firm's petition for rehearing, arguing that the panel applied the correct standard for determining vicarious liability (Perfect 10 Inc. v. Giganews Inc., et al., No. 15-55500, 15-55523 and 15-56026, 9th Cir.).



Plastics Firms Debate Attorney Fees Award In 8th Circuit Trademark Appeal
ST. LOUIS - On a second appeal before the Eighth Circuit U.S. Court of Appeals regarding the ownership of a trademark connected with plastic products in the poultry field, two plastic manufacturing companies filed briefs arguing whether an Iowa federal judge properly clarified an earlier ruling on remand and awarded attorney fees under state law based on the defendant's harassment of the plaintiff (East Iowa Plastics Inc. v. PI Inc., No. 16-4574, 8th Cir.).



Trade Dress, Trademark Protection Of Light Installations Debated In 8th Circuit
ST. LOUIS - An artist known for light installations and a one-time potential client have filed briefs in the Eighth Circuit U.S. Court of Appeals, debating whether a trial court properly dismissed the artist's trade dress and trademark claims over a purported lookalike, and similarly-named, display as preempted by copyright law (Bruce Munro, et al. v. Lucy Activewear Inc., et al., No. 16-4483, 8th Cir.).