Mealey's Intellectual Property : Mealey's : Legal News & Analysis

Mealey's Intellectual Property

December 11, 2024
PTAB’s Unpatentability Finding In Mobile Tech Dispute Upheld By Federal Circuit

WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) was correct to rule in favor of multiple communications technology companies that sought inter partes review (IPR) of a now-expired mobile communications patent, a Federal Circuit U.S. Court of Appeals panel held Dec. 10; the panel affirmed PTAB’s finding that the challenged claims were unpatentable as obvious.
December 11, 2024
OpenAI Challenges Ruling Denying Evidence Of New York Times’ AI Use

NEW YORK — OpenAI Inc. objected to a magistrate judge’s decision denying the company access to evidence of how the New York Times Co. uses artificial intelligence, saying the ruling permits the newspaper company to speak “out of both sides of its mouth” by allowing it to seek billions of dollar in damages while embracing the same technology it denigrates.
December 10, 2024
Federal Circuit Affirms Construction Of ‘Merchants’ Claim In Patent Dispute

WASHINGTON, D.C. — A Delaware federal judge did not err when holding that the claim term “merchants” should be limited only to those who sell goods, not services, in a patent dispute involving e-commerce platforms, a Federal Circuit U.S. Court of Appeals panel held, affirming the judge’s finding of noninfringement.
December 10, 2024
No Infringement Of Rosacea Medication Patent, Federal Circuit Agrees

WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals said that a Third Circuit judge overseeing district court proceedings in Delaware was correct to hold that a defendant biopharmaceutical company’s abbreviated new drug application (ANDA) did not infringe the plaintiff company’s patents on medications for the skin condition called rosacea.
December 10, 2024
5th Circuit Rejects Rehearing Petitions From ISP, Labels In Copyright Fight

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals rejected petitions for rehearing from parties on both sides of a copyright infringement suit, standing by its October decision to affirm a Texas federal jury’s finding that an internet service provider (ISP) was vicariously liable for copyright infringement by failing to prevent the piracy of plaintiff music labels’ copyrighted works but to reverse the judge’s holding that the ISP was separately liable for infringement for each of more than a thousand songs.
December 09, 2024
Federal Circuit Upholds Sanctions In Stun Gun Design Patent Dispute

WASHINGTON, D.C. — A federal judge in Arkansas reasonably awarded sanctions against a plaintiff company and its attorney in a patent infringement dispute involving a design patent for electrodes for stun guns, the Federal Circuit U.S. Court of Appeals held Dec. 6, saying that the district court did not err when holding that the company’s past history of filing meritless suits against other entities shows a pattern of bad faith.
December 09, 2024
3rd Circuit: Default Judgments Improper In Bacon Grease Copyright Case

PHILADELPHIA — A Pennsylvania federal judge inappropriately granted default judgment in a copyright infringement suit only two hours after the plaintiff company moved for it, thereby failing to give the defendants appropriate notice, the Third Circuit U.S. Court of Appeals held in one of two appeals stemming from two orders declining to reverse entries of default judgment.
December 06, 2024
Infringement Claims Over Tank Level Design Patent Survive Dismissal

JACKSONVILLE, Fla. — The defendant in a patent infringement lawsuit saw its motion to dismiss partly granted by a Florida federal judge, who found that a design patent holder did not plausibly allege false advertising, deceptive trade practices or false marking claims related to ornamental components of a tank monitoring system.
December 06, 2024
Some Claims Obvious In Circuit Package Patent Row, Federal Circuit Says

WASHINGTON, D.C. — In a patent infringement dispute between manufacturers of semiconductors, the Federal Circuit U.S. Court of Appeals on Dec. 5 affirmed findings from the U.S. Patent Trial and Appeal Board (PTAB) that some claims in the relevant patents are ineligible as obvious while other claims are patent eligible, handing mixed results to both the appellant and cross-appellant companies.
December 06, 2024
Drug Patent Holder Breached Covenant Not To Sue From Earlier Infringement Suit

WILMINGTON, Del. — In the latest chapter in an long-running dispute over the pharmaceutical colchicine, a Delaware federal judge found that a patent owner’s infringement suit against the maker of a generic version of the drug breached a covenant not to sue that was contained in an agreement that resolved a previous lawsuit between the two companies.
December 06, 2024
Federal Circuit: No Infringement By Meta Of Data Storage Patent

WASHINGTON, D.C. — A New York federal judge did not err in granting summary judgment in a patent dispute between social media company Meta Platforms Inc. and a company that accused it of infringing patents related to methods of storing data chronologically, a Federal Circuit U.S. Court of Appeals panel said, affirming the judge’s holding that the evidence did not show that Meta’s product satisfied the patents’ claim limitations.
December 06, 2024
Injunction Justified In Energy Drink Trademark Fight, 11th Circuit Says

ATLANTA — An 11th Circuit U.S. Court of Appeals panel said a Georgia federal judge did not err in granting a preliminary injunction in a trademark infringement dispute between two manufacturers of dietary supplements over two alternative spellings of the word “cranked” in relation to energy drink products.
December 05, 2024
Judge: OpenAI Must Produce Social Media; Company Disputes Discovery Destruction

NEW YORK — OpenAI Inc. and various news entities that accuse it of using their copyrighted works to train artificial intelligence briefed a federal judge in New York over whether discovery evidence was deleted or merely reformatted and presents no obstruction to ongoing searches of the training material. In a separate ruling, the judge concluded that the New York Times Co.’s knowledge and use of AI tools are not relevant or proportional to the needs of the defendants’ fair use defense and denied a motion to compel. In another ruling, the judge said California labor law does not preclude OpenAI Inc. entities and Microsoft Corp. from producing work-related communications conducted through social media.
December 05, 2024
OpenAI Disputes Claim It Ruined Discovery; Judge Denies Motion To Compel

NEW YORK — OpenAI Inc. and various news entities that accuse it of using their copyrighted works to train artificial intelligence briefed a federal judge in New York over whether discovery evidence was deleted or merely reformatted and presents no obstruction to ongoing searches of the training material. In a separate ruling, the judge concluded that the New York Times Co.’s knowledge and use of AI tools are not relevant or proportional to the needs of the defendants’ fair use defense and denied a motion to compel.
December 05, 2024
Federal Circuit Partly Affirms, Partly Reverses PTAB Patentability Findings

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Dec. 4 said the Patent Trial and Appeal Board (PTAB) was correct to hold that many of claims in a series of patents owned by a biopharmaceutical company related to the process of separating components from a mixture are unpatentable as obvious, but the panel reversed the PTAB’s findings that some of the claims were not unpatentable.
December 05, 2024
Judge OKs Permanent Injunction Against Distributor In Import Trademark Case

ATLANTA — A Georgia federal judge entered a permanent injunction against a defendant distribution company in a trademark dispute brought by the maker of a drink brand and its exclusive American distributor after the parties entered a stipulation indicating that the defendant company agreed to stop shipping the drink into the country.
December 04, 2024
Judge: Producer Fails To Show He Owns Rap Group’s Trademarks, Copyright

NEW YORK — A New York federal judge dismissed with prejudice trademark and copyright claims stemming from a dispute over ownership of intellectual property associated with a seminal hip-hop group, with the judge holding that the plaintiff music producer failed to show that the trademark in question was valid, along with multiple other failures.
December 04, 2024
Federal Circuit Upholds PTAB Invalidity Finding In Telecommunications Dispute

WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) was correct to hold that a telecommunications company’s patent on a system that manages telecommunication networks is anticipated by prior art and is thus invalid, the Federal Circuit U.S. Court of Appeals held, despite a defendant entity settling with the plaintiff company while the case was before the appellate panel.
December 04, 2024
Deal In Progress Reported In Coverage Row Over Loss Of Patent Litigation Counsel

NASHVILLE, Tenn. — Without providing details, the parties in a coverage dispute over loss of patent litigation counsel filed a notice in Tennessee federal court “that they have reached a settlement in principle of all matters in dispute.”
December 03, 2024
2nd Circuit: Judge Right To Toss Funk Music Infringement Counterclaims

NEW YORK — A Second Circuit U.S. Court of Appeals panel on Dec. 2 affirmed a New York federal judge’s decision to dismiss a counterclaim from a defendant record company and associated entities seeking a declaratory judgment of noninfringement in a dispute over the ownership of songs by an influential funk musician, agreeing with the judge that the counterclaim was time-barred because a studio head was aware of alleged infringement in the 1970s.
December 03, 2024
Mixed Results On Dueling Summary Judgment Motions In LED Patent Suit

PHOENIX — A federal judge in Arizona granted and denied aspects of dueling motions for summary judgment in a patent infringement dispute involving heat management technologies for LED lighting systems, handing a mixed result to the plaintiff and defendant companies.
December 02, 2024
9th Circuit Tosses Appeal Over ‘MARS’ Word Mark After Dismissal Stipulation

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 29 dismissed an appeal of a California federal judge’s order that defendant advertising firms begin winding down their use of the word mark “MARS,” after the defendant firms stipulated with a plaintiff advertising firm to the voluntary dismissal of the appeal.
December 02, 2024
Judge: Designer Willfully Defaulted In Copyright Dispute With Photographer

NEW YORK — A web designer and his company are not entitled to the vacating of an entry of default judgment in a copyright suit brought against them by a photographer, a federal judge in New York held, saying that there is “overwhelming” evidence of willfulness in support of the default judgment entered nearly five years ago.
December 02, 2024
Trademark, Copyright Claims Survive In Boat-Mooring Product Dispute

NEW HAVEN, Conn. — In a trademark and copyright infringement dispute between two competing companies that make boat mooring products, a Connecticut federal judge denied the defendant company’s motion to dismiss the case, holding that the plaintiff company adequately substantiated its claims to survive the motion.
November 27, 2024
OpenAI Disputes Claim It Ruined News Plaintiffs AI Search Results

NEW YORK — OpenAI Inc. and various news entities that accuse it of using their copyrighted works to train artificial intelligence briefed a federal judge in New York over whether discovery evidence was deleted or merely reformatted allowing the plaintiffs to rerun searches of the training material.