Posts in Courts


Seinfeld Moves to Dismiss Copyright Claims over ‘Comedians in Cars Getting Coffee’

In early February, a copyright complaint was filed in the Southern District of New York against comedian Jerry Seinfeld and a series of companies involved with the …
By Steve Brachmann
3 hours ago 0

CAFC Upholds Section 101 Invalidity Finding on Rule 12(b)(6) Motion, Nixing Patents Covering App Management

On Monday, April 9th, the Court of Appeals for the Federal Circuit upheld the invalidity of a series of patents asserted against the American subsidiary of Japanese …
By Steve Brachmann
1 day ago 6

Samsung Galaxy Smartphones Targeted in Infringement Case Over Secure Device Authentication Patents

Texas-based patent owner PACid Technologies filed a complaint alleging patent infringement committed by South Korean consumer electronics giant Samsung (KRX:005930). The case, filed in the Eastern District …
By Steve Brachmann
4 days ago 0

Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination

In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …

Claimed and prior art ranges must have meaningful difference for nonobviousness

Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
By James Yang
6 days ago 3

Desilu Studios Files Trademark Infringement Complaint Against CBS in California Federal Court

Manhattan Beach, CA-based entity Desilu Studios, Inc., filed a complaint alleging trademark infringement and other claims against New York City-based television and film production firm CBS Studios. …
By Steve Brachmann
7 days ago 0

Issue Preclusion, PTAB, and the Split Federal Circuit: Knowles Electronics v. Cirrus Logic

Under the status quo, neither the patentee nor the public is able to rely on judicial determination of an issue that might later be taken to the …

Spotify, SoundCloud and Deezer Music Apps Sued for Infringing Music Organizer and Entertainment Center Patent

Patent owner MOAEC Technologies filed suits alleging claims of patent infringement in the District of Delaware against a series of music entertainment app providers including Spotify, SoundCloud …
By Steve Brachmann
8 days ago 1

VirnetX Awarded $502.6 Million in Fourth Jury Trial against Apple

On Tuesday, April 10, 2018, a federal jury in Eastern District of Texas awarded VirnetX Holding Corp. (VHC) with a $502.6 million verdict against Apple Inc. finding that Apple was …
By Rahul Vijh
9 days ago 0

Federal Circuit Reverses PTAB Invalidation of Wireless Network Patent in Apple Cases Involving APJ Clements

The Court of Appeals for the Federal Circuit recently issued a decision in DSS Technology Management v. Apple, which reversed an earlier decision by the Patent Trial …
By Gene Quinn & Steve Brachmann
10 days ago 3

The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations

In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …

Copyright Case Against Broadway Musical ‘Anastasia’ Moves Forward

U.S. District Judge Alvin Hellerstein entered an opinion and order denying summary judgment in the Southern District of New York in a case involving the stage …
By Steve Brachmann
12 days ago 0

Alibaba Files U.S. Trademark Infringement Suit Against Cryptocurrency Firm Alibabacoin

Alibaba alleges that defendant Alibabacoin (ABBC) Foundation has engaged in an unlawful scheme to misappropriate the Alibaba name in order to raise over $3.5 million in cryptoassets from …
By Steve Brachmann
14 days ago 0

How Not to Copy: What is Fair and What is Fair Use?

These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the …
By Raymond Van Dyke
16 days ago 0

The Federal Circuit’s Approach to the Infringement Analysis in Hatch-Waxman Cases

35 U.S.C. § 271(e)(2) provides that it shall be an act of infringement to submit an Abbreviated New Drug Application (“ANDA”) “if the purpose of such submission …
By Theodore Chiacchio
18 days ago 3