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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®



 



Tech Firm To High Court: Federal Circuit Can Review PTAB Patent Determinations
WASHINGTON, D.C. - Opposing Google LLC's petition for certiorari in a Nov. 9 brief, a mobile technology firm tells the U.S. Supreme Court that, per the America Invents Act (AIA), the Federal Circuit U.S. Court of Appeals has authority to review and reverse patent ineligibility determinations by the Patent Trial and Appeal Board (PTAB) made during a covered business method (CBM) review (Google LLC v. Unwired Planet LLC., No. 17-357, U.S. Sup.).



Federal Circuit Hears Oral Argument In Dispute Over Gattex Patent
WASHINGTON, D.C. - The owner of a patent covering the short bowel syndrome (SBS) drug Gattex argued before the Federal Circuit U.S. Court of Appeals on Nov. 9 that the Patent Trial and Appeal Board erred in deeming various claims obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (In re: NPS Pharmaceuticals Inc., No. 17-1392, Fed. Cir.).



Proper Adjustment Of Patent Term To Be Decided By Federal Circuit
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 9 will hear oral arguments in a case that seeks to clarify the extent to which the U.S. Patent and Trademark Office (PTO) is permitted, under the Patent Term Adjustment (PTA) statute, 35 U.S.C. 154(b), to reduce an applicant's PTA (Supernus Pharmaceuticals Inc., et al. v. U.S. Patent and Trademark Office, No. 17-1357, Fed. Cir.).



Patent Board Priority Determination Disputed In Appeal To Federal Circuit
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that granted priority was "logically inconsistent" with other findings by the board that the reference that triggered priority was not anticipatory of an interfering patent, the party asserting anticipation recently told the Federal Circuit U.S. Court of Appeals (Otonomy Inc. v. Auris Medical AG, Nos. 17-1850, -1880, Fed. Cir.).



Distinctiveness, Infringement Of 'Sturgis' Trademarks Argued In 8th Circuit
ST. LOUIS - A South Dakota organization affiliated with the Sturgis Motorcycle Rally tells the Eighth Circuit U.S. Court of Appeals in a Nov. 6 brief that a jury correctly found its "Sturgis" trademarks to be valid and infringed by the sale of unlicensed Sturgis items. However, the plaintiff appeals a post-verdict ruling that vacated a damages award for the infringement (Sturgis Motorcycle Rally Inc. v. Rushmore Photo & Gifts Inc., et al., Nos. 17-1762, -1869, -2712 and -2731, 8th Cir.).



Jack In The Box Says Terminated Agreement Ended Franchisee's Trademark Rights
SAN FRANCISCO - In a Nov. 6 brief, Jack in the Box Inc. asks the Ninth Circuit U.S. Court of Appeals to affirm a trial court's finding that a former franchisee engaged in infringement by continuing to use the "Jack in the Box" trademarks after its franchise agreement was terminated for contractual breaches (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir.).



Singapore Jurisdiction Debated In Appeal Of Hotel Photos Copyright Suit
NEW YORK - In a Nov. 1 reply brief, an intellectual property holding company tells the Second Circuit U.S. Court of Appeals that a trial court erred in dismissing its copyright infringement claims against a Singapore firm for forum non conveniens, arguing that the defendant's business ties in the United States, as well as its acts of infringement, adequately established New York jurisdiction (The Wave Studio LLC v. General Hotel Management Ltd., et al., No. 17-1018, 2nd Cir.).



Adult Site Operator Tells High Court Usenet Provider Benefitted From Infringement
WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals mistakenly held that a usenet service provider did not profit from the millions of unauthorized copyrighted images on its fee-based websites, an adult website operator argues in a Nov. 8 reply brief to the U.S. Supreme Court, seeking a writ of certiorari to resolve what it says is a circuit split over a copyright holder's duty to establish an infringer's profits directly attributable to its works (Perfect 10 Inc. v. Giganews Inc., et al, No. 17-320, U.S. Sup.).



Oil Company Defends Inter Partes Review In Supreme Court Patent Row
WASHINGTON, D.C. - An oil and gas service provider that prevailed in an inter partes review (IPR) proceeding in the U.S. Patent and Trademark Office's (PTO's) Patent Trial and Appeal Board (PTAB), tells the U.S. Supreme Court in an Oct. 23 respondent brief that the process is an agency "error-correction mechanism" that does not deprive any patent litigants of their right to a jury trial under the Seventh Amendment to the U.S. Constitution (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Samsung Responds To Government Brief In Smartphone Patent Suit
WASHINGTON, D.C. - Samsung Electronics Co. Ltd. filed a supplemental brief in the U.S. Supreme Court on Oct. 17, arguing that a recently filed amicus curiae brief by the U.S. government, which opposes Samsung's petition for certiorari in a patent infringement suit with Apple Inc., fails to address errors made by the Federal Circuit U.S. Court of Appeals (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Inventors Tell Federal Circuit Section 101 Rejection Was Error
WASHINGTON, D.C. - In rejecting two claims in an application to patent a method for quick delivery of home values estimations via computer, the Patent Trial and Appeal Board made "a number of legal mistakes," including "conflating" the two steps for patent eligibility set forth in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. __ (2014), two inventors tell the Federal Circuit U.S. Court of Appeals in an Oct. 27 reply brief (Mario Villena, et al., v. U.S. Patent and Trademark Office, No. 17-2069, Fed. Cir.).



Parties Brief Federal Circuit In Dispute Over Gene Modification Patent
WASHINGTON, D.C. - In an Oct. 25 appellee brief filed with the Federal Circuit U.S. Court of Appeals, a genomic research center argued that an appeal of a Patent Trial and Appeal Board (PTAB) interference proceeding stemming from technology related to genetic modification should be dismissed for lack of appellate jurisdiction (Regents of the University of California, et al., v. The Broad Institute Inc., et al., No. 17-1907, Fed. Cir.).



Briefs Filed In Patent Dispute Over Plans For Generic Nasal Spray
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals was recently briefed on a case that poses the question of whether prior art taught away from the use of the compound zolmitriptan for nasal administration, as was found by a Delaware federal judge (Impax Laboratories Inc., et al., v. Lannett Holdings Inc., No. 17-2020, Fed. Cir.).



ParkerVision Appeals Patent Board Holding To Federal Circuit
WASHINGTON, D.C. - In an Oct. 20 appellant brief, ParkerVision Inc. urges the Federal Circuit U.S. Court of Appeals to vacate findings by the Patent Trial and Appeal Board that a wireless transmission patent is obvious, arguing that the final written decisions were based on invalidity theories not properly before the board and that ParkerVision was unable to rebut (ParkerVision Inc. v. Qualcomm Inc., No. 17-2012, Fed. Cir.).



Patent Defendant Appeals $147 Million Judgment To Federal Circuit
WASHINGTON, D.C. - A California federal judge erred in enforcing a verdict of infringement with regard to two power chip patents and in later allowing a subsequent jury award of $147 million, a semiconductor company recently told the Federal Circuit U.S. Court of Appeals (Power Integrations Inc. v. Fairchild Semiconductor Inc., et al., Nos. 16-2691, 17-1875, Fed. Cir.).



Zillow Tells 9th Circuit Use Of Home Photos On Website Was Fair Use
SAN FRANCISCO - In an Oct. 26 brief appealing a $4 million statutory damages award that assigned a per-photo fine for 2,700 real estate photos deemed infringing, Zillow Group Inc. tells the Ninth Circuit U.S. Court of Appeals that its online use of the pictures was transformative and fair use (VHT Inc. v. Zillow Group Inc., et al., No. 17-35587 and 17-35588, 9th Cir.).



Usenet Provider Opposes Adult Site's Certiorari Bid In Vicarious Copyright Suit
WASHINGTON, D.C. - Asserting that an appeals court's ruling in its favor presented no conflicts with copyright law or controlling case law, a usenet provider argues in an Oct. 20 brief in the U.S. Supreme Court that there is no merit to an adult website operator's petition for certiorari appealing a finding that the respondent was not liable for infringing content posted by its users (Perfect 10 Inc. v. Giganews Inc., et al., No. 17-320, U.S. Sup.).



Clothing, Cosmetics Firms Debate Laches In 9th Circuit 'Lush' Trademark Suit
SAN FRANCISCO - Two companies claiming ownership of the "Lush" trademark debate in briefs to the Ninth Circuit U.S. Court of Appeals whether a cosmetics firm's infringement claim was barred under the doctrine of laches and whether it was filed within the statute of limitations (Pinkette Clothing Inc. v. Cosmetic Warriors Limited, No. 17-55325, 9th Cir.).



Wal-Mart, Variety Stores Argue Over Disgorgement In 'Backyard' Mark Suit
RICHMOND, Va. - Retailers Variety Stores Inc. and Wal-Mart Stores Inc. recently briefed the Fourth Circuit U.S. Court of Appeals on whether Wal-Mart infringed Variety's "The Backyard" trademark and whether the amount of disgorged profits was properly limited to $32 million (Variety Stores Inc. v. Wal-Mart Stores Inc., No. 17-1503 and 17-1644, 4th Cir.).



Insurer Seeks Reversal Of Finding That Trade Dress Claim Triggered Duty To Defend
SAN FRANCISCO - A commercial general liability insurer recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that it has a duty to defend its garment merchant insured against an underlying lawsuit, arguing that the lower court erred in finding that the insured was potentially liable for alleged damages arising from trade dress infringement in one of its advertisements (Great Lakes Reinsurance [UK] PLC v. In and Out Fashion Inc., 16-56425, 9th Cir.).



U.S. Government Opposes Certiorari In Samsung, Apple Smartphone Patent Suit
WASHINGTON, D.C. - In an Oct. 4 amicus curiae brief, the U.S. government recommended that the U.S. Supreme Court deny Samsung Electronics Co. Ltd.'s petition for certiorari in its dispute over smartphone technology patents with Apple Inc., arguing that an appeals court judgment affirming a verdict and judgment were properly reached and present no questions of law meriting high court review (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Patent Owner Tells Federal Circuit Petition Was Time-Barred
WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that found certain claims of a patented moving flame, flameless candle unpatentable as obvious should be vacated because one of the underlying petitions for inter partes review was untimely, the patent owner recently told the Federal Circuit U.S. Court of Appeals (In re: Luminara Worldwide LLC, No. 17-1629, Fed. Cir.).



Petitioner Tells Supreme Court That Scope Of Inter Partes Review Is Reviewable
WASHINGTON, D.C. - In an Oct. 5 reply brief before the U.S. Supreme Court, a party that initiated an inter partes review (IPR) proceeding with the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) argues that the agency's interim director incorrectly asserted that the scope of a final written decision from the board is not reviewable per the America Invents Act (AIA) (SAS Institute Inc. v. Joseph Matal, et al., No. 16-969, U.S. Sup.).



Federal Circuit Hears Arguments In Patent Eligibility Dispute
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals is poised to decide an assertion by two patent owners that their method and system for tracking and analyzing Internet interactions was improperly deemed patent-ineligible under Section 101 of the Patent Act, 35 U.S.C. 101, in a case scheduled for oral arguments on Oct. 5 (NICE Ltd., et al. v. ClickFox Inc., No. 17-1041, Fed. Cir.).



Federal Circuit Told Patent Board Re-examination Holdings Were Error
WASHINGTON, D.C. - A patent owner and licensee on Oct. 4 squared off with an inter partes re-examination challenger in oral arguments before the Federal Circuit U.S. Court of Appeals in a dispute over a reciprocating rotary arthroscopic instrument used to cut semi-rigid tissue such as bone and muscle (Smith & Nephew Inc. and Covidien LP v. Hologic Inc., No. 17-1008, Fed. Cir.).



Bar On Expert Testimony In Copyright Cases Not Cert Worthy, Video Maker Says
WASHINGTON, D.C. - The U.S. Supreme Court should deny certiorari in a copyright infringement action over the popular John Madden Football series computer game because the federal circuit courts agree that disputed works must be placed into evidence so a jury can compare them, and any ruling on the role of expert witnesses in software copying cases would not change the outcome of the case at hand, the video game maker argues in a Sept. 28 response brief (Robin Antonick v. Electronic Arts Inc., No. 17-168, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3769).



Builder Appeals Home Plan 'Thin' Copyright Protection To U.S. Supreme Court
WASHINGTON, D.C. - A homebuilder in a Sept. 14 petition for certiorari asks the U.S. Supreme Court to review an 11th Circuit U.S. Court of Appeals ruling that it says devalues architectural plan copyrights, simultaneously arguing that the disposition of its infringement suit via summary judgment deprived it of the right to a jury trial under the Seventh Amendment to the U.S. Constitution (Arthur Rutenberg Homes Inc., et al. v. Jewel Homes LLC, et al., No. 17-511, U.S. Sup.).



FedEx, Nonprofit Argue Over Noncommercial Copyright License In 2nd Circuit
NEW YORK - A nonprofit educational firm and FedEx Office and Print Services Inc. briefed the Second Circuit U.S. Court of Appeals on issues surrounding the noncommercial use requirement in a public license for downloadable materials, with the parties disagreeing whether FedEx violated the materials' copyright by copying the materials for school districts (Great Minds v FedEx Office and Print Services Inc., No. 17-808, 2nd Cir.).



Artist Appeals Unclean Hands Ruling In 'Life Is Beautiful' Trademark Dispute
SAN FRANCISCO - A street artist's limited liability company argues in an Oct. 6 brief in the Ninth Circuit U.S. Court of Appeals that a trial court's unclean hands judgment against it over registrations of the "Life is Beautiful" trademark failed to account for the fact that errors in the registrations were due to innocent mistakes, not fraud (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 17-55045, 9th Cir.).



Tech Firm Appeals Fees Award, Judgment In 'Dropbox' Trademark Suit
SAN FRANCISCO - In an Oct. 6 reply brief in the Ninth Circuit U.S. Court of Appeals, a small tech company argues that a $2 million attorney fee award against it was inappropriate and "create[s] a terrible precedent" because it was merely defending its "Dropbox" trademark against a larger company (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).