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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®



 



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.).



Federal Circuit To Hear Oral Arguments In Dispute Over Patent Priority Date
WASHINGTON, D.C. - In oral arguments scheduled for Dec. 13, the U.S. Patent and Trademark Office (PTO) will defend findings by the Patent Trial and Appeal Board that an appellant was not entitled to an earlier priority date through either actual reduction to practice or the exercise of reasonable diligence from conception to constructive reduction to practice (ATI Technologies ULC v. Joseph A. Matal, Performing the Functions and Duties of Director of the U.S. Patent and Trademark Office, Nos. 2016-2222, -2406, -2608, Fed. Cir.).



Travelers Tells High Court Review Not Merited In Covered Business Method Suit
WASHINGTON, D.C. - In a Dec. 11 brief, an insurer asks the U.S. Supreme Court to deny certiorari of a petition over the constitutionality of covered business method (CBM) review proceedings by the U.S. Patent and Trademark Office's (PTO's) Patent Trial and Appeal Board (PTAB), asserting that such reviews of patentability determinations are not jury matters (Integrated Claims Systems LLC v. Travelers Lloyds of Texas Insurance Co., et al., No. 17-330, U.S. Sup.).



Parties Brief Federal Circuit In Dispute Over Pesticide Production Patent
WASHINGTON, D.C. - In a Dec. 8 appellee brief, a prevailing patent challenger told the Federal Circuit U.S. Court of Appeals to uphold findings by the Patent Trial and Appeal Board that a claimed process for producing the insecticide fipronil would have been obvious to a person of skill in the art (POSA) (Finchimica S.P.A. v. Adama Makhteshim Ltd., No. 17-2195, Fed. Cir.).



Barnes & Noble Appeals Taxation Of Costs In EReader Patent Litigation
WASHINGTON, D.C. - A New York federal judge erroneously deemed a patent infringement plaintiff the "prevailing party" in calculating and awarding taxation of costs, Barnes & Noble Inc., barnesandnoble.com LLC and NOOK Media LLC (B&N, collectively) recently told the Federal Circuit U.S. Court of Appeals (Adrea LLC v. Barnes & Noble Inc., et al., No. 17-2462, Fed. Cir.).



USPTO Files Brief In Rehearing Of Dispute Over Attorney Fee Award
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (USPTO) urges the Federal Circuit U.S. Court of Appeals in a Nov. 15 brief to uphold its June 2017 ruling that plaintiffs challenging a rejected patent application in court pursuant to Section 145 of the Patent Act, 35 U.S.C. 45, should pay "all the expenses of the proceedings" (Nantkwest Inc. v. Joseph A. Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).



News Service Asks High Court To Decide If Copyright Suit Requires Registration
WASHINGTON, D.C. - A news content provider argues in a Dec. 13 brief that a copyright infringement suit may be filed for an unregistered work if a copyright application has been filed for the work, asking the U.S. Supreme Court to resolve a circuit split on the matter (Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al., No. 17-571, U.S. Sup.).



Cosmetics Firm Asserts Its Right To Injunction In 'Lush' Trademark Dispute
SAN FRANCISCO - A trial court erred in denying its motion for injunctive relief despite a jury's finding that its "Lush" trademark was infringed, a cosmetics firm tells the Ninth Circuit U.S. Court of Appeals in a Dec. 8 reply brief, arguing that it presented evidence of harm and unclean hands (Pinkette Clothing Inc. v. Cosmetic Warriors Limited, No. 17-55325, 9th Cir.).



Restaurant Software Firm Appeals Cancellation Of 'Reserve' Marks To 9th Circuit
SAN FRANCISCO - Arguing that its trademarks incorporating the word "Reserve" have achieved secondary meaning and are entitled to a presumption of validity, a provider of restaurant management software tells the Ninth Circuit U.S. Court of Appeals in an Oct. 19 brief that a trial court erred in ordering cancellation of two of its marks and in granting judgment to an infringing competitor (Reserve Media Inc. v. Efficient Frontiers Inc., No. 17-55687, 9th Cir.).



Furniture Maker Seeks High Court Review Of Tea Rose- Rectanus Doctrine Ruling
WASHINGTON, D.C. - A Ninth Circuit U.S. Court of Appeals ruling deepened a circuit split on the interpretation of good faith adoption of a regional, common-law trademark under the Tea Rose-Rectanus doctrine, a furniture manufacturer argues in a Nov. 13 petition for certiorari, asking the U.S. Supreme Court to provide guidance on the matter (Omnia Italian Design Inc. v. Stone Creek Inc., No. 17-731, U.S. Sup.).



Fastener Maker Tells 8th Circuit Fraud, Mark Lapse Defeat Infringement Claims
ST. LOUIS - In a Nov. 20 appellee brief, the defendant in a long-running dispute over the "Sealtight" and "Sealtite" trademarks asks the Eighth Circuit U.S. Court of Appeals to affirm a trial court's judgment in its favor, citing its opponent's fraud on the U.S. Patent and Trademark Office (PTO), as well as a lapse in the plaintiff's registration for its purportedly incontestable trademark (B&B Hardware Inc. v. Hargis Industries Inc., No. 17-1570 and 17-1755, 8th Cir.).



Tech Firm To High Court: Federal Circuit Misapplied Alice In Apple ITunes Suit
WASHINGTON, D.C. - Seeking review of a Federal Circuit U.S. Court of Appeals ruling that reversed a judgment ruling in its favor, a Texas tech firm tells the U.S. Supreme Court in a Nov. 9 petition for certiorari that a panel incorrectly applied the patent eligibility test of Alice Corp. v. CLS Bank Int'l in deeming its patents abstract and not patent-eligible (Smartflash LLC, et al. v. Apple Inc., No. 17-697, U.S. Sup.).



Google Tells Federal Circuit Patent Claims Erroneously Confirmed
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 4 will hear oral arguments in an appeal by Google Inc. of a final written decision by the Patent Trial and Appeal Board that confirmed that various claims of four digital identification patents are neither obvious nor anticipated (Google Inc. v. Network-1 Technologies Inc., No. 16-2509, Fed. Cir.).



Parties Dispute Accessibility Of Prior Art Reference Before Federal Circuit
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO) erred in relying on a prior art product guide in rejecting as anticipated and obvious various claims of three patents, the patent owner recently told the Federal Circuit U.S. Court of Appeals (C.R. Bard Inc. v. AngioDynamics Inc., No. 17-1851, Fed. Cir.).



Bill Of Costs In Patent Dispute Debated In Briefs Before Federal Circuit
WASHINGTON, D.C. - An Illinois federal judge's decision to award General Electric Co. (GE) $94,813.95 in costs in connection with its successful defense of patent infringement allegations was erroneous, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Henryk Olesky v. General Electric Company, No. 17-2225, Fed. Cir.).



Ownership Of 1973 Song's Copyrights Debated In 2nd Circuit Briefs
NEW YORK - In briefs filed with the Second Circuit U.S. Court of Appeals, a rhythm and blues band and other parties connected with a 1973 song they recorded, spar over ownership of the song's copyrights, notably related to recent songs that sampled the old recording (John Wilson, et al. v. Dynatone Publishing Co., et al., No. 17-1549, 2nd Cir.).