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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®



 



Parties, PTO Brief High Court On Requirements Of Inter Partes Review Scope
WASHINGTON, D.C. - In a pair of Sept. 5 respondent briefs, the interim director of the U.S. Patent and Trademark Office (PTO) and a patent holder tell the U.S. Supreme Court that when the Trademark Trial and Appeal Board (TTAB) institutes inter partes review (IPR) of the validity of patent claims, it is not required to review or rule on every patent claim asserted in a party's petition for review (SAS Institute Inc. v. Joseph Matal, et al., No. 16-969, U.S. Sup.).



Apple, Samsung Brief On 'Article Of Manufacture' In Remanded Design Patent Case
SAN JOSE, Calif. - In briefs filed Sept. 8 in response to a California federal judge's directive after rulings and remand orders from the U.S. Supreme Court and the Federal Circuit U.S. Court of Appeals, Apple Inc. and Samsung Electronics Co. Ltd. address questions about how to determine what the relevant "article of manufacture" is of products accused infringing a design patent and, relatedly, how to identify profits attributable to the article (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 5:11-cv-01846, N.D. Calif.).



Claim Construction By Patent Board Debated Before Federal Circuit
WASHINGTON, D.C. - In oral arguments on Sept. 8, the Federal Circuit U.S. Court of Appeals heard an appeal of a Patent Trial and Appeal Board ruling that two claims of a patented tissue graft composed of the two primary layers of the human placenta patent would have been obvious to a person of skill in the art (POSITA) (MiMedx Group Inc. v. Musculoskeletal Transplant Foundation, No. 17-1043, Fed. Cir.).



Oral Arguments Approach In Patent Dispute Over Safe Harbor
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 4 will hear oral arguments in a case that poses the question of whether safe harbor protection for clinical activities can be repealed based upon the use of data derived subsequent to approval (Classen Immunotherapies Inc. v. Elan Pharmaceuticals Inc., No. 17-1033, Fed. Cir.).



Eligibility Of Patented Method For File Filtering Argued In Federal Circuit Briefs
WASHINGTON, D.C. - A dispute over the eligibility of a patented method for identifying "unauthorized" files, such as those that contain offensive or illegal content, will be argued before the Federal Circuit U.S. Court of Appeals on Oct. 3 (Intellectual Ventures I LLC v. Erie Indemnity Company, et al., No. 17-1147, Fed. Cir.).



Trademark Applicant Tells Federal Circuit Design Is Not Functional
WASHINGTON, D.C. - An examiner's decision - later upheld by the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) - that a proposed U-shaped design for a locking channel is unprotectable as functional in light of several expired utility patents will be debated Oct. 4 before the Federal Circuit U.S. Court of Appeals (In re: Openings, No. 16-2307, Fed. Cir.).



Louis Vuitton, Parody Bag Maker Argue Trademark Dilution To Supreme Court
WASHINGTON, D.C. - Luxury goods maker Louis Vuitton Malletier S.A. (LV) seeks a grant of certiorari from the U.S. Supreme Court to examine the standard for determining when the use of a trademark is a parody, and thus fair use, per the Trademark Dilution Revision Act (TDRA), while a defendant asserts that its accused handbags were clearly noninfringing parodies of LV's products, as a trial court and an appeals court both ruled (Louis Vuitton Malletier S.A. v. My Other Bag Inc., No. 17-72, U.S. Sup.).



Jack In The Box Franchisee Appeals Breach, Trademark Judgment To 9th Circuit
SAN FRANCISCO - A trial court erred in granting judgment to Jack in the Box Inc. (JIB) on contractual and trademark infringement claims related to the termination of franchise agreements, an ex-franchisee of the fast-food chain argues in a Sept. 5 brief in the Ninth Circuit U.S. Court of Appeals, contending that genuine disputed issues of material fact exist (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir.).



Bourbon Distiller Tells 5th Circuit Plaintiff Abandoned 'Cowboy' Mark
NEW ORLEANS - Citing years with no sales of its trademarked whiskey, coupled with having never sold its product in the United States, a bourbon distillery argues in a Sept. 6 brief to the Fifth Circuit U.S. Court of Appeals that a jury correctly found that a plaintiff whiskey seller abandoned its trademark years before the defendant's use of a similar mark (Allied Lomar Inc. v. Lone Star Distillery LLC, et al., No. 17-50148, 5th Cir.).



Adult Website Operator Tells High Court Usenet Provider Vicariously Infringed
WASHINGTON, D.C. - In an Aug. 30 petition for certiorari, the operator of an adult website asks the U.S. Supreme Court to consider the standards for determining vicarious copyright infringement liability, arguing that in finding a usenet provider not vicariously liable for displaying the copyrighted images of Perfect 10 Inc., the Ninth Circuit U.S. Court of Appeals relied on incorrect guidelines for infringers' profits and automated processes (Perfect 10 Inc. v. Giganews Inc., et al., No. 17-320, U.S. Sup.).



9th Circuit's Bar On Expert Testimony In Copyright Cases Before High Court
WASHINGTON, D.C. - The creator of the popular John Madden Football series computer game asked the U.S. Supreme Court on July 28 to decide whether expert testimony should be barred in copyright infringement cases because juries must assess infringement as an "ordinary reasonable person" would (Robin Antonick v. Electronic Arts Inc., No. 17-168, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 2633).



Opposing Certiorari, Film Parties Call Screenplay Copyright Suit 'Unremarkable'
WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals' summary affirming of a trial court's dismissal of a screenplay owner's copyright infringement suit against parties connected with the movie "Walk of Shame" was unremarkable and presents no issues meriting review, the defendants tell the U.S. Supreme Court in a Sept. 1 brief opposing certiorari (Shame On You Productions Inc. v. Elizabeth Banks, et al., No. 17-180, U.S. Sup.).



Clothing Line Owner, PTO Brief Federal Circuit On Registration Of Vulgar Trademark
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO) and the owner of the "fuct" line of clothing have submitted letter briefs to the Federal Circuit U.S. Court of Appeals addressing whether the recent U.S. Supreme Court ruling on disparaging trademarks in Matal v. Tam has any effect on the present case's dispute on whether scandalous marks can be registered (In Re: Erik Brunetti, No. 15-1109, Fed. Cir.).



Domain Registrar Tells 4th Circuit False Advertising Suit Was Not Exceptional
RICHMOND, Va. - An internet domain registry firm, whose Lanham Act false advertising claims against a competitor failed, argues in an Aug. 30 brief in the Fourth Circuit U.S. Court of Appeals that a trial court properly declined to award attorney fees to the prevailing defendant because the claims were reasonable and supported by evidence (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).



Amazon Asserts No Infringement Of Artificial Turf Trademark To 9th Circuit
SAN FRANCISCO - In an Aug. 25 appellee brief, Amazon.com Inc. tells the Ninth Circuit U.S. Court of Appeals that its automated purchasing of keyword advertising using an artificial turf firm's trademark did not constitute direct infringement under the Lanham Act, arguing that any infringement was attributable to third-party sellers of counterfeit products (Steven Lasoff v. Amazon.com Inc., No. 17-35173, 9th Cir.).



3D Tech Patent Holder Asks High Court To Consider Infringement Equivalence Factor
WASHINGTON, D.C. - In an Aug. 22 petition for certiorari, the owner of a patent for a three-dimensional (3D) image technology patent asks the U.S. Supreme Court to decide whether a court needs to consider the factor of known interchangeability when determining whether an item infringes a patent under the doctrine of equivalents (Tomita Technologies USA LLC, et al. v. Nintendo Co. Ltd., et al., No. 17-292, U.S. Sup.).



Outcome Of Bench Trial Disputed By Patent Owners In Federal Circuit Appeal
WASHINGTON, D.C. - A Delaware federal judge's ruling, following a bench trial, that four patents covering thrice-weekly injections of 40 mg glatiramer acetate (GA) are invalid was erroneous, the makers of the drug recently told the Federal Circuit U.S. Court of Appeals (Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., No. 17-1575, Fed. Cir.).



Patent Owner Tells Federal Circuit Collateral Estoppel Finding Was Erroneous
WASHINGTON, D.C. - A Delaware federal judge erroneously entered a summary judgment of noninfringement in a longstanding dispute over a patented process for producing steel, the patent owners recently told the Federal Circuit U.S. Court of Appeals (ArcelorMittal and ArcelorMittal Atlantique et Lorraine v. AK Steel Corporation, No. 17-1637, Fed. Cir.).



Patent Owner Appeals Section 101 Ruling To Federal Circuit
WASHINGTON, D.C. - A Finjan Inc. malware detection patent is directed to patent-ineligible subject matter, and a California federal judge's conclusions to the contrary were in error, an infringement defendant recently told the Federal Circuit U.S. Court of Appeals in a case that will be heard Sept. 8 (Blue Coat Systems Inc. v. Finjan Inc., No. 16-2520, Fed. Cir.).



Parties Brief Federal Circuit In Dispute Over Patent Injunction, Damages
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 5 will hear a dispute over three claims of a ceramic capacitor patent that a California federal judge deemed sufficiently definite in June 2016, as well as claims by an infringement defendant that no causal nexus exists between a claimed feature and consumer demand (Presidio Components Inc. v. American Technical Ceramics Corp., Nos. 16-2607, -2650, Fed. Cir.).



Pillowcase Maker Tells High Court Amazon Is Liable For Selling Infringing Goods
WASHINGTON, D.C. - Appealing rulings in favor of Amazon.com Inc. by both a trial court and an appeals court, the maker of a line of children's pillowcases filed a petition for certiorari with the U.S. Supreme Court on Aug. 21, seeking review of the standards for determining when an online retailer is liable for copyright or patent infringement from the sale of third parties' counterfeit goods (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 17-287, U.S. Sup.).



ISP, Music Publisher Debate Dismissal Of Copyright Declaratory Suit In 2nd Circuit
NEW YORK - In briefs filed in the Second Circuit U.S. Court of Appeals, an internet service provider (ISP) and a music-publishing firm argue over whether a trial court properly dismissed the ISP's declaratory judgment action related to claims of online infringement of the firm's copyrighted songs by the ISP's customers (Windstream Services LLC v. BMG Rights Management [US] LLC, et al., No. 17-1515, 2nd Cir.).



Samsung To Federal Circuit: Hot-Spot Patent Properly Deemed Obvious
WASHINGTON, D.C. - In an Aug. 11 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Samsung Electronics Co. Ltd. and related entities defended the propriety of a December 2016 ruling by the Patent Trial and Appeal Board, which deemed myriad claims of a wireless hot-spot technology patent obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (IXI IP LLC v. Samsung Electronics Co. Ltd., No. 17-1665, Fed. Cir.).



Obviousness Finding By Patent Board At Issue In Federal Circuit Appeal
WASHINGTON, D.C. - A determination by the Patent Trial and Appeal Board that two claims of a circuit patent are obvious should be reversed because the decisions runs afoul of the U.S. Supreme Court ruling in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007), a patent owner tells the Federal Circuit U.S. Court of Appeals in a May 8 appellant brief (Philips Lighting North America Corp. v. Wangs Alliance Corporation, No. 17-1526, Fed. Cir.).



Inventor Appeals Rejection Of Patent Application To Federal Circuit
WASHINGTON, D.C. - The Patent Trial and Appeal Board erred in sustaining a rejection of various claims of a method for treating restless leg syndrome (RLS), the owner of the application recently told the Federal Circuit U.S. Court of Appeals (In re: Erwin Schollmayer, No. 17-1574, Fed. Cir.).



Encryption Patent Improperly Rejected, Owner Tells Federal Circuit
WASHINGTON, D.C. - An ex parte re-examination of a data encryption patent ended in an erroneous rejection of 28 claims, the owner argues in a June 16 brief before the Federal Circuit U.S. Court of Appeals (In re: TecSec Inc., No. 17-1648, Fed. Cir.).



Dropbox Asks 9th Circuit To Affirm Senior User, Laches Findings In Trademark Suit
SAN FRANCISCO - In an Aug. 16 appellee brief, Dropbox Inc. (DBI) tells the Ninth Circuit U.S. Court of Appeals that a trial court correctly found that it had priority of use of the "Dropbox" trademark and that a smaller rival's claims also failed under the doctrine of laches because it intentionally delayed filing infringement claims (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).



Fastener Maker Appeals Fraud Finding, Award Denial In 'Sealtight' Trademark Suit
ST. LOUIS - A maker of industrial fasteners argues in an Aug. 16 brief that a trial court erred in declining to grant an award of infringer's profits and in finding that it acted fraudulently in obtaining its trademark registration, asking the Eighth Circuit U.S. Court of Appeals to reverse the judgment in the long-running trademark dispute's third time before the appeals court (B&B Hardware Inc. v. Hargis Industries Inc., No. 17-1570 and 17-1755, 8th Cir.).



Oracle To Federal Circuit: Google's Java Code Copying For Android Wasn't Fair Use
WASHINGTON, D.C. - In an Aug. 4 reply brief, Oracle America Inc. calls a fair-use ruling in favor of Google Inc. "an aberration," telling the Federal Circuit U.S. Court of Appeals that Google copied a substantial amount of its Java code in creating the Android operating system (OP), which competes directly with its Java-based products (Oracle America Inc. v. Google Inc., No. 17-1118 and 17-1202, Fed. Cir.).



Screenplay Copyright Owner Asks High Court To Review Selection, Arrangement Test
WASHINGTON, D.C. - Appealing noninfringement rulings by trial and appeals courts, the owner of a screenplay filed a petition for certiorari July 31, asking the U.S. Supreme Court to consider the proper standard for determining substantial similarity between two works when the alleged infringers had access to the purportedly infringed work (Shame On You Productions Inc. v. Elizabeth Banks, et al., No. 17-180, U.S. Sup.).