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Mealey's Intellectual Property

  • June 30, 2025

    Federal Circuit: No Mandamus For Qualcomm, Apple On Patent Suit Transfer Bid

    WASHINGTON, D.C. — A Texas federal judge did not clearly err when denying requests from Qualcomm Inc. and Apple Inc. to transfer a patent infringement suit against them to a California federal court, a Federal Circuit U.S. Court of Appeals panel found, denying the companies’ request for a writ of mandamus.

  • June 30, 2025

    Judge Enters Injunction In Penn State Trademark Case, Denies Attorney Fees

    HARRISBURG, Pa. — After a jury found in favor of The Pennsylvania State University on its trademark claims against an apparel maker, a Pennsylvania federal judge issued a permanent injunction against the clothier barring it from using the university’s trademarked logos or phrases on apparel items.

  • June 30, 2025

    High Court To Consider ISPs’ Liability For Users’ Infringement

    WASHINGTON, D.C. — The U.S. Supreme Court on June 30 granted a petition for a writ of certiorari from an internet service provider (ISP) that told the court that the Fourth Circuit U.S. Court of Appeals was wrong to find it liable for contributory infringement for the actions of internet users who infringed on copyrights held by a group of record labels and music publishers; the high court also denied the labels’ cross-petition challenging the Fourth Circuit’s decision to vacate a $1 billion award in their favor for vicarious infringement.

  • June 27, 2025

    Federal Circuit: Judge Reasonably Tossed Patent Claims Against Google

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a California federal judge’s finding that a pro se inventor’s patent infringement allegations against Google LLC failed as a matter of law because they relied on third-party modifications to Google’s product; the panel said the inventor could not point to a prior appellate win involving Apple as preclusive because it involved separate issues.

  • June 27, 2025

    Judge Partly Denies Insurer’s Summary Judgment Motion In Trade Secret Dispute

    LAS VEGAS — A federal judge in Nevada granted in part and denied in part an insurer’s motion for summary judgment in a software provider’s lawsuit alleging that the insurer and another software provider misappropriated its trade secrets to develop a clone of its flood claims services system application.

  • June 27, 2025

    Beastie Boys, Chili’s Stipulate To Dismissal Of ‘Sabotage’ Copyright Claims

    NEW YORK — The Beastie Boys and the parent company of Chili’s restaurants on June 26 stipulated to the dismissal of the hip-hop group’s copyright infringement suit against the casual dining chain alleging that it inappropriately used the 1994 single “Sabotage” in a commercial without permission; a New York federal judge signed off on the stipulation on the same day.

  • June 26, 2025

    Federal Circuit Says Data ‘Translation’ Patent Abstract Per Alice Test

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel agreed with a California federal judge that a technology company’s data transfer patent is directed at the abstract concept of translation, affirming the judge’s grant of judgment on the pleadings in a June 25 opinion.

  • June 26, 2025

    Federal Circuit Says PTAB Got Obviousness Of Streaming Patent Right

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel rejected a patentholder’s argument that the U.S. Patent Trial and Appeal Board (PTAB) erred when analyzing the motivation to combine prior art elements during inter partes review (IPR) proceedings concerning a patent related to adaptive bitrate streaming for media services.

  • June 25, 2025

    9th Circuit Won’t Rethink Revival Of Sam Smith Song Copyright Suit

    SAN FRANCISCO — Despite arguments from Sam Smith and others that a Ninth Circuit U.S. Court of Appeals panel’s revival of a copyright suit involving the song “Dancing With a Stranger” conflicts with earlier Ninth Circuit copyright precedent, the appeals court denied their petition for rehearing, leaving in place a per curiam opinion that a jury could reasonably see substantial similarity between the song’s chorus and that of a song written by the plaintiffs-appellants.

  • June 24, 2025

    9th Circuit Revives Antitrust Counterclaims In Real Estate IP Dispute

    SAN FRANCISCO —A Ninth Circuit U.S. Court of Appeals panel on June 23 found that a California federal judge wrongly dismissed antitrust counterclaims brought by a real estate entity in response to copyright claims filed by another real estate entity that says it misappropriated photos; the panel held that the defendant-appellant adequately established that the plaintiff-appellee engaged in anticompetitive practices for the purposes of surviving dismissal.

  • June 24, 2025

    Federal Circuit: PTAB Erred On ‘Unexpected Results’ In GI Drug Patent Row

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel vacated a U.S. Patent Trial and Appeal Board (PTAB) decision to uphold a drugmaker’s patent on a molecule for use in gastrointestinal disorder medications, finding that the board erred in its analysis of whether the patent holder had shown that its patented product had “unexpected results” when considering whether the patent’s claims were rendered obvious by prior art references.

  • June 23, 2025

    VPPA, UCL Claims Against Online Video Retailers Must Be Arbitrated, Judge Rules

    SAN FRANCISCO — Determining that attempts to settle and dismiss putative class claims against online retailers under the Video Privacy Protection Act (VPPA) and California’s unfair competition law (UCL) did not contradict an intent to arbitrate under a totality of the circumstances, a California federal judge granted the defendants’ motion to stay and to compel arbitration.

  • June 23, 2025

    Supreme Court Invites Government Response To Generic Drug Patent Petition

    WASHINGTON, D.C. — The U.S. Supreme Court on June 23 invited the government to express its views on a petition for a writ of certiorari filed by a bioequivalent drug manufacturer that contends that the Federal Circuit U.S. Court of Appeals was wrong to reverse a Delaware federal judge’s finding of no induced infringement in a dispute over patents related to a prescription cardiovascular medication.

  • June 20, 2025

    Federal Circuit Can’t Consider Realtek Challenge To ITC Sanctions Denial

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals lacks jurisdiction to consider Realtek Semiconductor Corp.’s appeal of the U.S. International Trade Commission’s denial of requested sanctions in a dispute over the licensing of patented products because the order was not a final determination, a panel in the appeals court held.

  • June 20, 2025

    PTAB Didn’t Consider Some Netflix Invalidity Arguments, Panel Says

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a finding by the U.S. Patent Trial and Appeal Board (PTAB) that multiple claims in a technology company’s patent related to streaming video are invalid, but the panel said that PTAB did not fully consider arguments from streaming giant Netflix Inc. on the motivation to combine prior art references.

  • June 20, 2025

    Split 9th Circuit Says Walmart Infringed On Artist’s Lamps, Not Photos

    SAN FRANCISCO — A partially split Ninth Circuit U.S. Court of Appeals panel issued a mixed opinion in a copyright dispute between an artist and Walmart Inc., with the majority holding that the company infringed on the artist’s copyrighted lamp designs by selling imitations but reversing a California federal jury’s finding that Walmart infringed on the artist’s copyrighted photos of the lamps.

  • June 20, 2025

    3rd Circuit Accepts Appeal In Legal Summary AI Copyright Suit

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals granted a petition for interlocutory appeal of a Delaware federal judge’s ruling that neither originality nor fair use protected a company from copyright claims stemming from its use of a competitor’s summaries of legal documents in the training of an artificial intelligence product designed to produce similar results.

  • June 19, 2025

    Federal Circuit Affirms PTAB’s Obviousness Finding For Sonos Playback Patent

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on June 18 rejected arguments from Sonos Inc. that the U.S. Patent Trial and Appeal Board (PTAB) was wrong to invalidate multiple claims in its patent related to the playback of music on a device controlled by another device, affirming the board’s finding that the patent was obvious as per prior art in inter partes review (IPR) proceedings brought by Google LLC.

  • June 19, 2025

    Xerox’s User Profile Patent Invalid As Obvious, Federal Circuit Affirms

    WASHINGTON, D.C.  — A Federal Circuit U.S. Court of Appeals panel affirmed a finding from the U.S. Patent Trial and Appeal Board (PTAB) that invalidated all claims in a patent held by Xerox Corp., agreeing with PTAB that Xerox failed to show that the board incorrectly construed a claim term involving the navigation of web pages.

  • June 18, 2025

    High Court Won’t Rethink Denial Of Cert For Patent Damages Case

    WASHINGTON, D.C. — The U.S. Supreme Court rejected a petition for rehearing from the owner of a trading company whose petition for a writ of certiorari the justices denied in April, leaving in place a Federal Circuit U.S. Court of Appeals’ patent invalidity finding despite what the petitioner characterized as “two key developments.”

  • June 18, 2025

    High Court Rejects Challenge To Laches Finding In Speaker Trademark Row

    WASHINGTON, D.C. — The U.S. Supreme Court rejected an electronics company’s petition for a writ of certiorari in which it argued that the Ninth Circuit U.S. Court of Appeals wrongly applied the doctrine of laches to counterclaims it brought in a trademark infringement dispute over the use of the marks XTREME and INFINITY in connection with audio speakers.

  • June 17, 2025

    High Court Won’t Hear Argument That Federal Circuit Imposed Rigid Patent Rule

    WASHINGTON, D.C. — The U.S. Supreme Court on June 16 rejected a patent-holder’s petition for a writ of certiorari, leaving in place a split Federal Circuit U.S. Court of Appeals panel’s decision affirming a Delaware federal judge’s grant of judgment as a matter of law (JMOL) in defendant Comcast Cable Communications LLC’s favor on accusations that it infringed on internet-based phone patents.

  • June 17, 2025

    High Court Won’t Hear ‘Let’s Get It On’ Copyright Claims Against Sheeran

    WASHINGTON, D.C. — The U.S. Supreme Court on June 16 passed on a petition for a writ of certiorari filed by a partial owner of the rights to Marvin Gaye’s song “Let’s Get It On,” leaving in place the Second Circuit U.S. Court of Appeals’ affirmation of a New York federal judge’s finding that pop singer Ed Sheeran did not infringe on the Gaye classic.

  • June 16, 2025

    9th Circuit Revives IP Dispute Over 1980s Home Computer System

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel ruled that a Washington federal judge erred in finding that a software company lacked standing to bring a copyright infringement claim, partially reviving an intellectual property dispute involving a 1980s brand of computer that has had what the judge in a March 2023 grant of summary judgment called “a tortured history.”

  • June 16, 2025

    Federal Circuit Says TTAB Erred In ‘House Mark’ Wine Trademark Analysis

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on June 13 sent a dispute over a proposed wine trademark back to the U.S. Trademark Trial and Appeal Board (TTAB); the panel held that TTAB’s rejection of a wine company’s opposition to another wine entity’s proposed mark was based on an incorrect finding that both entities used their “house marks” within the marks at issue.