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®
LifeTech Argues To High Court: Patent Law Was Wrongly Broadened Abroad
WASHINGTON, D.C. - In a $52 million patent case over DNA tests, the Federal Circuit U.S. Court of Appeals erred when it extended U.S. patent law's reach to allow for infringement damages if a component of a patented invention originates from the United States and is combined with others overseas, Life Technologies Corp. (LifeTech) argues in a Sept. 1 petitioner brief to the U.S. Supreme Court (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
Geotag Asks U.S. Supreme Court To Review Patent Dispute With Google
WASHINGTON, D.C. - The U.S. Supreme Court should review the Federal Circuit U.S. Court of Appeals' decision affirming that Google Inc.'s advertising platform did not infringe GeoTag's patent for geographic search because the district court never had subject matter jurisdiction to hear the case, GeoTag Inc. argues in an Aug. 26 petition (GeoTag Inc. v. Google Inc., No. 16-268, U.S. Sup.).
Painkiller Maker Seeks Review Of Obviousness Inquiry In Patent Case
WASHINGTON, D.C. - Following an appellate court's decision that four patents covering the pain-relieving drug OxyContin are invalid, a painkiller manufacturer in a Sept. 1 petition for writ of certiorari asks the U.S. Supreme Court to consider whether an inventor's discovery is relevant to the obviousness inquiry (Purdue Pharma LP, et al. v. Epic Pharma LLC, et al., No. 16-289, U.S. Sup.).
Commil Tells High Court: Error In Use Of Expert Testimony To Reverse $74M Patent Award
WASHINGTON, D.C. - Commil USA LLC argues in an Aug. 29 reply brief to the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals violated its Seventh Amendment rights when the court reversed a jury's factual finding and a $74 million patent verdict against Cisco Systems Inc. based upon expert testimony (Commil USA LLC v. Cisco Systems Inc., No. 15-1446, U.S. Sup.).
YouTube User Seeks High Court Clarification On Fair Use In Copyright Dispute
WASHINGTON, D.C. - A YouTube user asks the U.S. Supreme Court in an Aug. 12 petition for certiorari to consider whether a user is liable under Section 512 of the Digital Millennium Copyright Act (DMCA) when she had a good faith belief that a video was protected by the fair use doctrine (Stephanie Lenz v. Universal Music Corp., et al., Nos. 16-217 & 16-218, U.S. Sup.).
Company Tells Supreme Court Appellate Decision On Limitations Period Conflicts With Petrella
CHICAGO - An appellate court's decision that a copyright complaint must be dismissed for falling outside the three-year statute of limitations proscribed by the Copyright Act conflicts with Petrella v. Metro-Goldwyn-Mayer Inc. (134 S. Ct. 1962, 1969 ), Consumer Health Information Corp. (CHIC) says in a July 14 petition to the U.S. Supreme Court (Consumer Health Information Corp. v. Amylin Pharmaceuticals Inc., et al., No. 16-282, U.S. Sup.).
Diagnostic Center Says Judge's Rejection Of Injunctive Relief Was Proper In Trademark Case
CINCINNATI - A diagnostic center argues in a Sept. 12 brief to the Sixth Circuit U.S. Court of Appeals that a federal judge properly declined awarding preliminary injunctive relief in a dispute over "Ancestry," "Ancestry.com" and "AncestryDNA" trademarks (Ancestry.com Operations Inc. and Ancestry DNA LLC v. DNA Diagnostic Center Inc., No. 16-3468, 6th Cir.).
Auto Wholesaler Says It Did Not Infringe Trademark By Importing Parts
LOS ANGELES - An auto parts wholesaler argues in a Sept. 6 brief that a California federal judge should not find that parts imported into the United States were imported illegally and infringe a car company's trademarks (Hyundai Motor America Inc. and Hyundai Motor Co. v. Pinnacle Group LLC, No. 14-00576, C.D. Calif.).
Cisco Tells High Court To Uphold Reversal Of $74M Patent Award, Not To Consider Evidence
WASHINGTON, D.C. - Cisco Systems Inc. argues in an Aug. 15 brief to the U.S. Supreme Court that it should not consider whether there was sufficient evidence and expert testimony to support a $74 million patent verdict in favor of Commil USA LLC but rather uphold a reversal of that award by the Federal Circuit U.S. Court of Appeals (Commil USA LLC v. Cisco Systems Inc., No. 15-1446, U.S. Sup.).
Patent Owner Asks High Court To Consider Mayo, Alice Test On Patent Ineligible Concept
WASHINGTON, D.C. - A patent owner asks the U.S. Supreme Court in an Aug. 8 petition for certiorari to decide if the definition of a patent-ineligible concept may include both a natural phenomenon and an inventor's ingenuity in applying that natural phenomenon to a new and useful purpose under the Mayo Collaborative Servs. v. Prometheus Labs., Inc. (132 S. Ct. 1289, 1298 ) and Alice Corp. Pty. Ltd. v. CLS Bank Int'l (134 S. Ct. 2347, 2355 ) framework (Genetic Technologies Ltd. v. Merial LLC and Bristol-Myers Squibb Co., No. 16-188, U.S. Sup.).
Google Asks High Court To Review Use Of Prosecution History In Patent Claim Dispute
WASHINGTON, D.C. - Google Inc., facing allegations that it infringed an inventor's patents for computer malware protection software, asked the U.S. Supreme Court in an Aug. 10 brief to resolve how the Federal Circuit U.S. Court of Appeals should use prosecution history to settle claim construction disputes (Google Inc. v. Alfonso Cioffi and The Estate of Allen Frank Rozman, No. 16-200, U.S. Sup.).
DuPont Argues To High Court That No 'Rigid' Standard Was Used In Thermal Patent Case
WASHINGTON, D.C. - E.I. du Pont de Nemours & Co. argues in an Aug. 5 response brief to the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals did not use a "rigid" standard as part of a determination that its thermal plates patent is not obvious (MacDermid Printing Solutions LLC v. E.I. DuPont De Nemours & Co., No. 15-1499, U.S. Sup.).
Amphastar Argues To Supreme Court: Hatch-Waxman Patent Safe Harbor Is Too Narrow
WASHINGTON, D.C. - An appellate court's interpretation of the Hatch-Waxman safe harbor, 35 U.S. Code Section 271(e)(1), is "overly narrow" and puts generic manufacturers at risk of patent suits, Amphastar Pharmaceuticals Inc., International Medication Systems Ltd., Actavis Inc. and Actavis Pharma Inc. (Amphastar, collectively) argue in an Aug. 16 reply brief to the U.S. Supreme Court (Amphastar Pharmaceuticals, Inc., et al. v. Momenta Pharmaceuticals, Inc. and Sandoz, Inc., No. 15-1402, U.S. Sup.).
Trademark Owner Of Snap Fasteners Seeks High Court Review Of Reduced Award
WASHINGTON, D.C. - A trademark owner of magnetic snap fasteners for handbags asks the U.S. Supreme Court in an Aug. 12 petition to consider whether under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of infringer's profits that was reduced to $6.8 million (Romag Fasteners Inc. v. Fossil Inc., et al., No. 16-202, U.S. Sup.).
Copyright Owners Ask High Court To Deny Review Of Copyright Term Extension Act
WASHINGTON, D.C. - Copyright owners to the classic holiday song "Santa Claus Is Comin' To Town" argue to the U.S. Supreme Court in an Aug. 8 response brief that an appellate court did not err in rejecting a music company's bid to reconsider publisher's rights under Section 304(d) of the Copyright Term Extension Act of 1978 (CTEA), which is set to expire (EMI Feist Catalog Inc. v. Gloria Coots Baldwin, et al., No. 15-1335, U.S. Sup.).
Music Publishers Argue Class Action State Law Claims Are Preempted Under Copyright Act
NEW YORK - Music publishers argue in an Aug. 20 reply brief that a New York federal court should dismiss a proposed class action seeking licensing fees collected from their alleged copyright to the song "We Shall Overcome" because the copyright is valid and that the class action plaintiffs' state law claims are preempted under the Copyright Act (We Shall Overcome Foundation and Butler Films LLC v. The Richmond Organization Inc. and Ludlow Music Inc., No. 16-02725, S.D. N.Y.).
Apple Asks U.S. High Court To Affirm $400M Design Patent Win Over Samsung
WASHINGTON, D.C. - In a smartphone patent dispute with Samsung Electronics Co. Ltd., Apple Inc. responds in a July 29 brief that the U.S. Supreme Court should uphold a ruling ordering Samsung to pay $400 million for infringing iPhone design patents and that Congrss should decide whether a Patent Act provision makes design patents "too powerful" (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).
Momenta, Sandoz Tell U.S. High Court Hatch-Waxman Patent Safe Harbor Is Not Too Narrow
WASHINGTON, D.C. - The U.S. Supreme Court should not hear a petition to consider whether an appellate court's interpretation of the Hatch-Waxman safe harbor, 35 U.S. Code Section 271(e)(1), is "overly narrow" and puts generic manufacturers at risk of patent suits, Momenta Pharmaceuticals Inc. argue in an Aug. 1 opposition brief (Amphastar Pharmaceuticals, Inc., et al. v. Momenta Pharmaceuticals, Inc. and Sandoz, Inc., No. 15-1402, U.S. Sup.).
Importers Ask High Court To Decide ITC's Jurisdiction Reach On $6M Patent Fine
WASHINGTON, D.C. - Two importers on July 13 petitioned the U.S. Supreme Court to consider whether the International Trade Commission (ITC) overreached its jurisdiction into domestic patent issues when it issued a $6.2 million fine against them for violating a consent order and importing parts that infringed a communications system patent (DBN Holding, Inc. and BDN, LLC v. International Trade Commission, No. 16-63, U.S. Sup.).
Patent Owner Asks U.S. High Court To Stay Petition, Clarify Defense Of Laches In SCA
WASHINGTON, D.C. - A patent owner seeking clarification on the extent to which the defense of laches may bar a claim for patent infringement asks the U.S. Supreme Court in a July 25 petition for certiorari to stay its petition pending resolution of SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC (136 S. Ct. 1824 ) (Endotach LLC v. Cook Medical LLC, No. 16-127, U.S. Sup.).
Patent Owner Seeks U.S. High Court Clarification On Inter Partes Review
WASHINGTON, D.C. - The U.S. Supreme Court should clarify the scope of judicial review in inter partes reviews (IPR), a patent owner argues in a July 21 petition for certiorari, also asking that the court determine whether, under the strong presumption of judicial reviewability of agency action, Congress precluded judicial review of claims that the U.S. Patent and Trademark Office Patent Trial and Appeal Board has exceeded its statutory authority (Automated Creel Systems, Inc. v. Shaw Industries Group, Inc. and Michelle K. Lee, Under Secretary of Commerce For Intellectual Property and Director, No. 16-108, U.S. Sup.).
Amicus Curiae Filers Tell U.S. High Court Cheerleader Uniforms Are 'Useful Articles'
WASHINGTON, D.C. - A garment is a "useful article" that cannot be copyrighted, amicus curiae filers argue in a July 22 brief to the U.S. Supreme Court in support of Star Athletica LLC's argument that a cheerleader uniform manufacturer's copyright infringement claim involves the design of useful articles, not fabric designs (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).
Oracle To California Federal Court: Google's Copying Of Java Was Not Fair Use
SAN FRANCISCO - Oracle America Inc. argues in a July 27 brief that a California federal jury was wrong to find that Google Inc.'s use of its copyrighted Java software code was protected by fair use because a reasonable jury could not have found that the use of the Java code was not transformative (Oracle America, Inc. v. Google Inc., No. 10-03561, N.D. Calif.).
Jewelers To 9th Circuit: 'Red Gold' Is A Generic Term, Not Able To Be Trademarked
SAN FRANCISCO - "Red gold" is a generic term and its use in watches and other jewelry does not infringe a jeweler's alleged trademark on the term, jewelry manufacturers argue in a July 18 brief to the Ninth Circuit U.S. Court of Appeals, asking that the court affirm summary judgment in their favor (Solid 21, Inc. v. Hublot of America, et al., No. 15-56036, 9th Cir.).