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Mealey's Intellectual Property

  • December 20, 2024

    Judge Finds Laser Patent Suit Sufficiently Pleaded, Denies Dismissal Motion

    BOSTON — The owner of a laser patent adequately alleged infringement for the pleadings stage of litigation, a Massachusetts federal judge found, denying a defendant’s motion to dismiss the second infringement suit between the parties.

  • December 20, 2024

    Judge: Lighting Firm Didn’t Show Chandelier Infringed, Was Offered For Sale

    SEATTLE — Granting an interior design firm’s motion for judgment on the pleadings, a Washington federal judge found that the owner of two design patents in a chandelier did not establish that an alleged knock-off of the lighting fixture infringed the patents or that the defendants engaged in unfair or deceptive behavior.

  • December 20, 2024

    Federal Circuit Affirms Infringement, Damages Findings In E-Cig Patent Fight

    WASHINGTON, D.C. — A partially split panel of the Federal Circuit U.S. Court of Appeals on Dec. 19 said a federal judge in North Carolina was right to deny judgment as a matter of law (JMOL) to electronic cigarette entity R.J. Reynolds Vapor Co. (RJR), affirming a jury’s award of more than $95 million against the company for infringing on another company’s pod-based tobacco vapor technology.

  • December 19, 2024

    Judge Rules Farmer Owes $600K For Infringing On Seed Patent

    ST. LOUIS — A Missouri farmer will be required to pay more than $600,000 in damages to agricultural technology companies for patent infringement and breach of contract after a federal judge in the state granted summary judgment in the company’s favor on their claims that the farmer inappropriately recycled patented genetically modified seeds.

  • December 19, 2024

    Judge: Company’s Ticket Patents Invalid; Complaint Dismissed With Prejudice

    LOS ANGELES — A California federal judge on Dec. 18 issued a final judgment holding that an electronic ticketing company’s patents are invalid, dismissing with prejudice patent infringement claims the company brought against Ticketmaster LLC and Live Nation Worldwide Inc.; the judge had granted the defendant companies’ motion to dismiss the claims in an in-chambers order in November because the patents were directed at patent-ineligible abstract ideas.

  • December 19, 2024

    Virginia Federal Judge Wrongly Held Patents Not Invalid, Federal Circuit Says

    WASHINGTON, D.C. — A packaging machine company and a related entity’s patents were rendered invalid by an offer for sale in the United States, a Federal Circuit U.S. Court of Appeals panel held, reversing a Virginia federal judge’s finding of no invalidity in an infringement dispute with another packaging company that led to dueling appeals before the Federal Circuit.

  • December 19, 2024

    Federal Circuit Says Judge Wrongly Denied JMOL In Patent Fight

    WASHINGTON, D.C. — A Texas federal judge was wrong to deny judgment as a matter of law (JMOL) of no direct infringement to a defendant software company, a Federal Circuit U.S. Court of Appeals panel said Dec. 18, holding that the judge should have found that the alleged infringement could be attributed to the company’s merchants but not the company itself.

  • December 18, 2024

    9th Circuit Agrees No Similarity Between Stage Show, Television Show

    SAN FRANCISCO — A California federal judge rightly granted summary judgment in favor of a defendant film studio and associated entities that were accused by a writer of copying elements of a stage play and derivative works she wrote in their ongoing television drama series, a Ninth Circuit U.S. Court of Appeals panel held, agreeing with the trial judge that there was no substantial similarity between the works.

  • December 18, 2024

    OpenAI Seeks Dismissal Of YouTube UCL Claims, Says Injury, Conduct Lacking

    SAN FRANCISCO — Copyright law preempts a man’s California unfair competition law (UCL) claims in an artificial intelligence action, and the vague allegations about using YouTube videos in training ChatGPT lack any economic injury or deceptive conduct on which they could be brought and would fail anyway, OpenAI entities tell a federal judge in California in seeking dismissal with prejudice.

  • December 18, 2024

    9th Circuit Affirms Rejection Of Counterclaims In Aviation Trademark Dispute

    SAN FRANCISCO — A Nevada federal magistrate judge did not err when it struck an airplane manufacturer’s request for a jury trial and denied it relief on its counterclaims against an airplane charter company of trademark infringement and other causes of action, a Ninth Circuit U.S. Court of Appeals panel held Dec. 17.

  • December 17, 2024

    Software Company Appeals Finding That Patent Is Directed At Abstract Idea

    SAN FRANCISCO — A plaintiff software company appealed to the Federal Circuit U.S. Court of Appeals a California federal judge’s finding that three patents it holds related to chart creation software claim patent ineligible subject matter, a day after the judge issued the order.

  • December 17, 2024

    9th Circuit: Judge Wrongly Held Software Was ‘Derivative’ In Copyright Row

    SAN FRANCISCO — A partially split panel in the Ninth Circuit U.S. Court of Appeals on Dec. 16 vacated or reversed large portions of a Nevada federal judge’s finding in a long-stewing copyright case between two software companies, holding that much of the judge’s decision was based on an erroneous understanding of “derivative work.”

  • December 17, 2024

    PTAB Did Not Justify Combination Motive Finding In IPR, Federal Circuit Says

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Dec. 16 said the U.S. Patent Trial and Appeal Board (PTAB) failed to properly explain one of its holdings at the conclusion of inter partes review (IPR) proceedings involving a patent involving data transmission; the panel vacated the PTAB’s finding that the patent’s claims were not obvious.

  • December 17, 2024

    Special Master Appointed In Music Industry AI Copyright Suit

    NEW YORK — A federal judge in New York overseeing a music industry copyright suit involving artificial intelligence appointed a special master to the case, saying outstanding issues related to electronically stored information require more attention than the court can provide and that the appointment will help resolve the litigation.

  • December 16, 2024

    Publisher: High Court Must Reject Canadian Code-Maker’s Copyright Cert Bid

    WASHINGTON, D.C. — In a Dec. 13 opposition brief, a publication company tells the U.S. Supreme Court that the court should reject a petition for a writ of certiorari from a developer of Canadian legal codes and standards, arguing that the Fifth Circuit U.S. Court of Appeals was correct to hold that the codes are effectively uncopyrightable “law” in Canada when it reversed a Texas federal judge’s grant of summary judgment in the Canadian developer’s favor.

  • December 16, 2024

    Intel Didn’t Show Obviousness During Patent Review, Federal Circuit Says

    WASHINGTON, D.C. — Affirming Patent Trial and Review Board (PTAB) findings issued after inter partes review (IPR), a Federal Circuit U.S. Court of Appeals panel agreed that the Intel Corp. failed to show that challenged claims in another company’s patent were invalid as obvious.

  • December 13, 2024

    Judge: Oil Company Can Remove Infringing Signage From Gas Station In Contempt

    PHILADELPHIA — An oil and gasoline company will be allowed to remove and paint over signage at a Philadelphia gas station after a Pennsylvania federal judge held the gas station in contempt for failing to comply with a permanent injunction ordering the company remove signs bearing the oil company’s trademarks.

  • December 12, 2024

    Federal Circuit: No Error In Denying Novartis Injunction To Halt Generic Entresto

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel declined “to second guess” a trial court’s factual findings in denying a preliminary injunction to Novartis Pharmaceuticals Corp. to halt the release of a generic version of the drug Entresto, finding that there was no “definite and firm conviction that a mistake” occurred.

  • December 12, 2024

    Federal Circuit Affirms PTAB Claim Construction In Security Camera Patent Row

    WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) correctly held that multiple challenged claims in a company’s patent regarding a computer’s ability to detect individuals passing in front of a connected camera are unpatentable, a Federal Circuit U.S. Court of Appeals panel held Dec. 11.

  • December 12, 2024

    Va. Federal Judge Rules On Admissibility Of Dueling Trademark Valuation Experts

    ALEXANDRIA, Va. — A federal judge in Virigina ruled that an expert retained by a company suing its competitor for trademark infringement will provide testimony beyond the scope of a juror and denied a defense motion to exclude the testimony but found that a competing expert failed to properly explain his methodology for his conclusions and granted the plaintiff company’s motion to exclude in part.

  • December 12, 2024

    Judge Enters Stipulated Injunction, Judgment In ‘MARS’ Trademark Dispute

    LOS ANGELES — A federal judge in California entered a permanent injunction against defendant entities in a trademark dispute over the word mark “MARS,” the day after they filed a joint request with the plaintiff advertising agency for a stipulated judgment.

  • December 12, 2024

    Petitioner In Patent Safe Harbor Row Asks High Court To Distribute Case

    WASHINGTON, D.C. — A medical device company that told the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals inappropriately expanded a safe harbor found in the Patent Act waived its right to a 14-day waiting period after an upcoming requested filing from the respondent medical company in the case, arguing that the case should be distributed for the high court’s Jan. 10 conference.

  • December 12, 2024

    California Drink Shop Appeals Dismissal Of Trademark Complaint

    LOS ANGELES — A plaintiff beverage store based in California and its owner appealed to the Ninth Circuit U.S. Court of Appeals on Dec. 11 a California federal judge’s order dismissing the trademark infringement case it brought against a New York wine store; the judge held that the plaintiff failed to establish personal jurisdiction for the New York shop.

  • December 12, 2024

    Federal Circuit Panel Mostly Upholds Inter Partes Review Invalidating LED Patents

    WASHINGTON, D.C. — Although a Federal Circuit U.S. Court of Appeals panel found that the Patent Trial and Appeal Board (PTAB) erred in treating a figure in a prior art reference as being drawn to scale, thus necessitating a partial reversal and remand of an inter partes review (IPR) decision, the panel otherwise affirmed the board’s finding that two claims of a light emitting diode (LED) patent owned by the University of California were invalid as obvious in light of prior art.

  • December 12, 2024

    High Court Hears Arguments On Lanham Act Disgorgement Rules

    WASHINGTON, D.C. — The U.S. Supreme Court heard arguments on Dec. 11 regarding a Fourth Circuit U.S. Court of Appeals decision affirming a $43 million disgorgement award entered in a real estate company’s favor in a trademark infringement dispute with an entity it said infringed its marks, with the parties sparring over whether the Fourth Circuit and a Virginia federal court were correct to include profits from entities affiliated with the alleged infringer in damages calculations.