Subscribe: LexisNexis® Mealey's™ Intellectual Property Pleadings Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_intellectualpropertypleadings.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
appeals  cir  circuit court  circuit  court appeals  court  fed cir  federal circuit  federal  patent owner  patent  trademark  washington 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
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®



 



Claim Constructions Debated In New Patent Appeal To Federal Circuit
WASHINGTON, D.C. - In a July 6 reply brief, a patent owner disputes assertions by the U.S. Patent and Trademark Office that the patent owner's appeal of an adverse inter partes review (IPR) outcome seeks a narrower claim construction of a temperature limitation that would render various dependent claims superfluous (ZoomEssence Inc. v. Joseph Matal, Acting Director of the U.S. Patent and Trademark Office, No. 17-1581, Fed. Cir.).



Patent Owner: Apparatus Claims Erroneously Deemed Indefinite
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 13 heard oral arguments in a dispute in which Microsoft Corp. prevailed on allegations that two data-mining patents are indefinite (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir.).



Federal Circuit Holds Oral Arguments In Apple, Rembrandt Patent Case
WASHINGTON, D.C. - A panel of Federal Circuit U.S. Judges Sharon Prost, Raymond T. Chen and Todd M. Hughes heard oral argument on July 10 in a case that asserts that a California federal judge erroneously granted defendant Apple Inc. summary judgment on allegations of patent infringement (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).



Ericsson Tells Federal Circuit Patent Board Erred In Confirming Patentability
WASHINGTON, D.C. - A patent challenger recently told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board "violated a basic tenet of patent law" in turning away allegations of obviousness presented in a petition for inter partes review (IPR) (Ericsson Inc. v. Intellectual Ventures I LLC, No. 17-1521, Fed. Cir.).



Dungaree Maker Tells 2nd Circuit 2003 Agreement Bars Trademark Claims
NEW YORK - A New Jersey-based dungaree manufacturer argues in a July 10 brief in the Second Circuit U.S. Court of Appeals that a 2003 agreement that settled a previous trademark dispute with a rival clothier serves to bar the present trademark claims brought against it by that same company (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).



Bourbon Seller Tells 5th Circuit Its Trademark Was Wrongly Deemed Abandoned
NEW ORLEANS - A high-end bourbon whiskey distributor argues in a June 30 brief to the Fifth Circuit U.S. Court of Appeals that a jury incorrectly found its "Cowboy Little Barrel" trademark to be abandoned because it was wrongly precluded from presenting evidence of an intent to resume use of the mark (Allied Lomar Inc. v. Lone Star Distillery LLC, et al., No. 17-50148, 5th Cir.).



Day Care Firm Says National Marketing Did Not Violate Regional Trademark Order
RICHMOND, Va. - In a July 5 reply brief to the Fourth Circuit U.S. Court of Appeals, a day care operator argues that a national marketing campaign in which it participated did not run afoul of a consent judgment prohibiting it from offering services under the "Rainbow" trademark in the Fayetteville, N.C., area and, thus, a contempt ruling against it should be reversed (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., Nos. 17-1055 and 17-1123, 4th Cir.).



Internet Service Provider Appeals Infringement Ruling, Fees Award To 4th Circuit
RICHMOND, Va. - With briefing completed on its appeal of a trial court finding it contributorily liable for users' online infringement, an internet service provider (ISP) on June 28 filed a supplemental brief in the Fourth Circuit U.S. Court of Appeals, voicing its objections to a subsequent award of attorney fees against it (BMG Rights Management [US] LLC, et al. v. Cox Communications Inc., et al., No. 16-1972, 17-1352 and 17-1353, 4th Cir.).



Megaupload Executives Say Circuit Split Requires Review Of Foreign Asset Seizure
WASHINGTON, D.C. - Former executives of the now-defunct file-sharing service Megaupload filed a reply brief in the U.S. Supreme Court on June 21, supporting their petition for certiorari and urging review and clarification of procedures governing the seizure of foreign assets under the Civil Asset Forfeiture Reform Act (CAFRA), which the petitioners say the U.S. government wrongly invoked to seize their assets in a criminal copyright case (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



Amazon Waives Right To Respond To Author's DMCA Claims, Petition For Certiorari
WASHINGTON, D.C. - In the wake of trial and appeals court rulings in its favor, Amazon.com Inc. on June 28 waived its right to respond to a pro se plaintiff's petition for certiorari in the U.S. Supreme Court, in which he asserts that the online retailer was negligent in its duty to remove infringing items from its website under the Digital Millennium Copyright Act (DMCA) (Reginald Hart v. Amazon.com Inc., No. 16-1549, U.S. Sup.).



Dispute Over Radio Frequency ID Patents Briefed Before Federal Circuit
WASHINGTON, D.C. - A Georgia federal judge erroneously rejected various patents covering a specialized radio frequency identification (RFID) system as unpatentable under Section 101 of the Patent Act, 35 U.S.C. 101, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Automated Tracking Solutions LLC v. The Coca-Cola Company, No. 17-1494, Fed. Cir.).



Patent Dispute Over 'Versa' Board Debated Before Federal Circuit
WASHINGTON, D.C. - An infringement action over the "Versa" water recreation board was terminated on the basis of an erroneous summary judgment of patent obviousness, the patent owner recently told the Federal Circuit U.S. Court of Appeals (ZUP Inc. v. Nash Manufacturing Inc., No. 17-1601, Fed. Cir.).



Retroactive Application Of Abrogated Patent Pleading Standard Briefed
WASHINGTON, D.C. - In dismissing an infringement action for failure to state a claim, a Georgia federal judge erroneously imposed a heightened pleading requirement in response to the abrogation of Federal Rule of Civil Procedure 84 and Form 18 of the Appendix of Forms, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Disc Disease Solutions Inc. v. VGH Solutions Inc., et al., No. 17-1483, Fed. Cir.).



Federal Circuit Poised To Rule On Allegation Oracle Infringed Patent
WASHINGTON, D.C. - The propriety of a summary judgment by a California federal judge that Oracle Corp. did not infringe a patented middleware software program will be argued July 10 before the Federal Circuit U.S. Court of Appeals (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir.).



Tech Firm Appeals Dropbox Trademark Ruling To 9th Circuit
SAN FRANCISCO - In a June 16 appellant brief in the Ninth Circuit U.S. Court of Appeals, a Texas technology firm argues that a trial court improperly granted summary judgment to Dropbox Inc. (DBI) in the parties' dispute over infringement and priority of ownership of the "Dropbox" trademark, with the appellant contending that its claims against the bigger company are not barred by laches (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).



Boat Maker Appeals Trade Dress, Trade Secrets Judgment To 11th Circuit
ATLANTA - A boat manufacturer in a June 23 brief tells the 11th Circuit U.S. Court of Appeals that a trial court erred in disposing of its trade dress and trade secrets claims against a rival firm via summary judgment, arguing that the lower court failed to properly consider evidence of distinctiveness, nonfunctionality and confidentiality (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).



Firms Debate In 7th Circuit If Defamation Suit Agreement Settled Trademark Case
CHICAGO - A trial court erred in finding that a settlement agreement in a defamation lawsuit constituted a global settlement that negated a trademark lawsuit judgment involving the same parties, a machine company argues in a June 21 brief in the Seventh Circuit U.S. Court of Appeals, calling the agreement ambiguous (Engineered Abrasives Inc. v. American Machine Products & Services Inc., et al., No. 17-1429, 7th Cir.).



Vacating Of Fees, Sanctions In Copyright Suit Over Film Appealed To 2nd Circuit
NEW YORK - In a June 16 appellant brief to the Second Circuit U.S. Court of Appeals, a film production firm argues that a trial court's remand order, which vacated a previous award of attorney fees and sanctions against a director and his attorney in a copyright dispute over a short film, was based on a misinterpretation of an earlier Second Circuit ruling that had recommended reconsideration of just a small portion of the award (16 Casa Duse LLC v. Alex Merkin, et al., No. 17-0625, 2nd Cir.).



DOJ Defends Seizing Of Foreign Megaupload Assets To Supreme Court
WASHINGTON, D.C. - In a June 7 brief in the U.S. Supreme Court, the U.S. Department of Justice (DOJ) opposes a petition for certiorari by former executives of the now-defunct file-sharing service Megaupload, arguing that a trial court properly deemed them fugitives and ordered seizure of their foreign-held assets in accordance with the Civil Asset Forfeiture Reform Act (CAFRA) (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



YouTube User Says High Court Review Of DMCA Fair Use Is Needed
WASHINGTON, D.C. - In a May 19 supplemental brief in the U.S. Supreme Court, filed in response to an amicus curiae brief filed by the U.S. government, a woman whose video was removed from YouTube for purported copyright violation, argues that her petition for certiorari should be granted to ensure that the safe harbor parameters of the Digital Millennium Copyright Act (DMCA), such as fair use, "are properly construed" (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Patent Term Adjustment Provision Disputed Before Federal Circuit
WASHINGTON, D.C. - In a June 7 reply brief, a patent owner told the Federal Circuit U.S. Court of Appeals that the U.S. Patent and Trademark Office (PTO)'s position that it has the authority to determine when a patent applicant has failed "to engage in reasonable efforts" to prosecute their application runs "counter to the plain language" of the Patent Act, 35 U.S.C. 1 et seq., the legislative history of the statute and Gilead Sciences, Inc. v. Lee (Supernus Pharmaceuticals Inc., et al. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 17-1357, Fed. Cir.).



Venue In Declaratory Judgment Patent Actions Debated Before Federal Circuit
WASHINGTON, D.C. - In a June 2 reply brief, myriad declaratory judgment plaintiff-appellants argue that "calculated strikes" from a patent-licensing firm's "nest" unfairly impact "those accused of infringement and needlessly [tilt] the field in favor of non-practicing entities" through the encouragement of forum shopping (Jack Henry & Associates Inc., et al. v. Plano Encryption Technologies LLC, No. 16-2700, Fed. Cir.).



Obviousness Of 2 Patents Debated In Federal Circuit Briefs
WASHINGTON, D.C. - A finding by the Patent Trial and Appeal Board that two reissue patents are obvious in light of prior art was proper because the board's broadest reasonable interpretation of the disputed claim term "port" is supported by the claim language and the patent owner's own use of the term in describing its invention, myriad appellees told the Federal Circuit U.S. Court of Appeals May 26 (Capella Photonics Inc. v. Cisco Systems Inc., et al., Nos. 2016-2394, -2395, 2017-1105, -1106, -1107, -1108, Fed. Cir.).



Patent Owner, Challenger Debate Effective Filing Date Before Federal Circuit
WASHINGTON, D.C. - The effective filing date of two patents relating to an apparatus that secures a portable electronic device to an immovable object is 2008, and not 2011 as concluded by the Patent Trial and Appeal Board, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Think Products Inc. v. ACCO Brands Corporation, et al., No. 17-1360, Fed. Cir.).



Riflescope Makers Debate Trade Dress Functionality In 6th Circuit
CINCINNATI - Competitors in the riflescope industry have filed briefs in the Sixth Circuit U.S. Court of Appeals, arguing whether the trade dress on the knurling of the plaintiff's scopes are ornamental, which would permit the plaintiff to pursue infringement claims against the defendants, or functional and nonprotectable, as a trial court found (Leapers Inc. v. SMTS LLC, et al., No. 17-1007, 6th Cir.).



'Guppie' Trademark Owners Argue Reverse Confusion By Viacom To 6th Circuit
CINCINNATI - A Michigan couple who sell the "Guppie Kid" children's clothing line argue in a June 14 brief in the Sixth Circuit U.S. Court of Appeals that clothing related to the Nickelodeon show "Bubble Guppies" infringed their trademarks by overwhelming their senior marks via reverse confusion (Debbie Rohn, et al. v. Viacom International Inc., et al., No. 17-1225, 6th Cir.).



Daycare Operator Defends Contempt To 4th Circuit In 'Rainbow' Trademark Row
RICHMOND, Va. - Because the defendant repeatedly failed to comply with an injunction requiring it to remove all uses of the "Rainbow" trademark from its website, a trial court properly issued contempt rulings and a monetary judgment against it, a daycare operator tells the Fourth Circuit U.S. Court of Appeals in a June 7 appellee brief (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., Nos. 17-1055 and 17-1123, 4th Cir.).