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Mealey's Intellectual Property

November 11, 2024
Judge: Patent Holder’s Patent Too Abstract To Be Protectible; Complaint Tossed

PHOENIX — A federal judge in Arizona dismissed a patent holding company’s infringement claims against a sporting good company over its golf swing measurement device, agreeing with the defendant company that the claims contained within the patent are too abstract to be protectible.
November 08, 2024
Judge Dismisses AI Suit, Says Removal Of CMI Alone Not Sufficient For Standing

NEW YORK — Two media outlets have not established that the removal of copyright management information (CMI) from news stories without corresponding dissemination of the works constitutes an injury or that an artificial intelligence is likely to reproduce the works verbatim, a federal judge in New York said in dismissing the outlets’ lawsuit on Nov. 7 for lack of standing.
November 07, 2024
Parties To Newspaper AI Copyright Case Debate Progress Of Discovery

NEW YORK — Newspaper plaintiffs in an artificial intelligence copyright suit say technical issues plaguing searches of datasets used to train the AI programs are making the discovery process impossible and asked a New York federal judge to compel OpenAI entities to identify and admit which relevant works were used. In the joint letter, OpenAI says that while the parties are in “uncharted waters,” there is no need for the unprecedented relief the plaintiffs seek. The joint letter comes on the heels of a third case being added to the litigation and disputes over discovery into social media and what types of damages and benefits the New York Times Co. has seen from AI.
November 08, 2024
Judge: Counterclaims From Nokia In Patent Dispute Exceed Its Role As Intervener

MARSHALL, Texas — A federal judge in Texas dismissed counterclaims brought by Nokia of America Corp. in a patent infringement suit in which it intervened; the judge said Nokia’s counterclaims exceeded Nokia’s stated intention only to assist in defending AT&T Corp. and several affiliated entities in the complaint.
November 07, 2024
Judge: Drone Seller Didn’t Show Patent Claims Were Baseless For Restraining Order

SEATTLE — A federal judge in Washington denied a request from a plaintiff company for a temporary restraining order (TRO) against defendant companies it said is bringing takedown actions against it in bad faith for alleged patent infringement; the judge said that the evidentiary record is still too thin to determine whether the defendant companies were acting in good faith.
November 07, 2024
For 3rd Time, Judge Rejects Injunction Request In Film Fest Trademark Row

NEW YORK — A federal judge in New York on Nov. 6 denied a motion for reconsideration for his rejection of a preliminary injunction in a trademark dispute brought by the owner of a South Asian film festival in New York against the owner of another South Asian film festival in both Texas and New York, marking the third time that the judge has rejected a preliminary injunction in the case.
November 07, 2024
Medical Company Can’t Get Defendant’s Ankle Monitor Data In Trademark Dispute

NEW YORK — A federal magistrate judge in New York said that a plaintiff pharmaceutical company in a trademark counterfeiting dispute is not entitled to have ankle monitor data from a defendant who was convicted of federal fraud counts, holding that granting the request would allow a non-government agency years of surveillance data, which would amount to a massive violation of the man’s constitutional rights.
November 07, 2024
Lack Of Injury Dooms YouTube Scraping AI Suit, Nvidia Says

SAN FRANCISCO — A man can point to no injury from the alleged transcribing of YouTube videos for the use in the training of artificial intelligence, and any viable claims would be preempted by copyright law, dooming his California unfair competition law, so the court should dismiss the claims with prejudice, Nvidia Corp. argues.
November 06, 2024
Federal Judge: No Jury Would Find Infringement In Patent Dispute Over Chairs

PITTSBURGH — A federal judge in Pennsylvania on Nov. 5 dismissed with prejudice a patent infringement suit involving two furniture companies, holding that no reasonable jury could find that the defendant company infringed on the plaintiff company’s patents related to chair designs.
November 06, 2024
YouTube Entities Seek Dismissal Of UCL Claims In AI Suit

SAN FRANCISCO — California unfair competition law claims involving the alleged training of artificial intelligence on YouTube videos are preempted by copyright law, but even if they weren’t there is no injury or reliance on which to base them, Google LLC and related companies tell a federal judge in California in seeking dismissal.
November 06, 2024
AI Company Opposes Bid For Summary Judgment In Sci Fi-Based Name Battle

NEW YORK — Defendants asked a federal judge in New York for leave to file a motion for summary judgment in a trademark infringement case, saying their health care-based product is nothing like the plaintiff’s artificial intelligence and specialized microchip company. But in a motion to strike, the plaintiff said potential confusion among consumers is a fact-intensive analysis and that the court should strike the defendants’ pre-motion letter and deny the relief.
November 06, 2024
Judge: DMCA Claim Tossed From Copyright Dispute Over Architectural Designs

LANSING, Mich. — A Michigan federal judge granted a defendant architectural firm’s motion for partial summary judgment on a count brought against it by a plaintiff firm, holding that the plaintiff company failed to show that the defendant company violated the Digital Millenium Copyright Act (DMCA) by copying elements of the design of a home after the homeowner switched design firms.
November 05, 2024
Federal Circuit Affirms Summary Judgment, Recusal Denial In Tech Patent Cases

WASHINGTON, D.C. — In a pair of opinions, a panel of judges in the Federal Circuit U.S. Court of Appeals affirmed both a California federal judge’s entries of summary judgments of noninfringement in a set of related cases brought by a patent owner that accused multiple companies of infringing on a patent related to the automatic uploading of photos and the judge’s later order denying the patent owner’s motion for the judge’s recusal.
November 05, 2024
2nd Circuit Affirms Finding That Ed Sheeran Didn’t Infringe Marvin Gaye Song

NEW YORK — A 2014 hit single from English pop star Ed Sheeran did not infringe on the copyright related to a 1973 song from Marvin Gaye, the Second Circuit U.S. Court of Appeals held, affirming a New York federal judge’s finding of noninfringement.
November 04, 2024
Judge Consolidates AI Suits; Parties To Work Out Social Media Dispute

NEW YORK — A federal judge in New York consolidated a fourth lawsuit brought by journalists challenging the use of their content to train artificial intelligence and ordered OpenAI entities and the parties suing them to attempt to resolve a discovery issue over production of personal social media messages. The ruling leaves undecided a motion from OpenAI entities seeking evidence of damages and any positive impact AIs have.
November 04, 2024
U.S. Supreme Court Rejects Trademark Claims From Search Engine Operator

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 4 said it will not consider whether the 10th Circuit U.S. Court of Appeals was wrong to affirm a Colorado federal judge’s rejection of arguments that Bank of America Corp. (BofA) infringed on an unregistered trademark related to the name “Erica” in relation to computer applications.
November 04, 2024
U.S. High Court Won’t Hear Inventorship Correction Arguments From Patent Owner

WASHINGTON, D.C. — Rejecting a patent holder’s petition for a writ of certiorari, the U.S. Supreme Court on Nov. 4 let stand a Federal Circuit U.S. Court of Appeals ruling affirming a Virginia federal judge’s order of a correction of inventorship for a patented container for transporting gaseous fluids.
November 04, 2024
Supreme Court OKs Government Participation In Trademark Arguments

WASHINGTON, D.C. — The United States government will be allowed to participate in oral argument as an amicus curiae 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, the U.S. Supreme Court said in a Nov. 4 order.
November 04, 2024
Judge Tosses Copyright Suit Brought By Photographer Against TikTok, OKs Amendment

LOS ANGELES — A California federal judge dismissed a photographer’s copyright infringement complaint brought against social media giant TikTok Inc., holding that the photographer failed to show that TikTok infringed on some of her photos by failing to take down posts containing them.
November 01, 2024
Judge Rejects Online Sports Betting Company’s Request For Fees In Patent Dispute

WILMINGTON, Del. — While a federal judge in Delaware held that a defendant online sports gambling company is the prevailing party in a suit brought against it by a patent owner accusing it of infringement, he said the company is not owed attorney fees or other costs because the case is not “exceptional” as defined under the Patent Act.
October 31, 2024
Judge: Mattel Owed Damages For Chinese Stores’ Fake UNO Cards

NEW YORK — Holding that a recent U.S. Supreme Court ruling on the extraterritoriality of certain portions of the Lanham Act does not apply, a federal judge in New York on Oct. 30 entered more than $400,000 in damages against Chinese companies that toy and game manufacturer Mattel Inc. said infringed on its trademarks and copyrights related to the card game UNO.
October 31, 2024
Federal Circuit Upholds PTAB’s Unpatentability Finding In Favor Of Vehicle Makers

WASHINGTON, D.C. — A panel of judges in the Federal Circuit U.S. Court of Appeals affirmed a finding by the U.S. Patent Trial and Appeal Board (PTAB) that an audio company’s claims are unpatentable in a dispute with a car manufacturer; the panel also denied as moot the company’s appeal of the PTAB’s finding of unpatentability in its dispute with a different manufacturer.
October 31, 2024
9th Circuit: No Fees For Defendant Who Settled Adult Film Copyright Claims

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals agreed with a California federal judge’s decision to deny attorney fees to a John Doe defendant who settled with a prodigiously litigious adult film company that accused Doe of copyright violations, but the panel disagreed as to why Doe was not due fees.
October 30, 2024
Federal Circuit Rejects Mandamus Bid From Plastics Company In Patent Fight

WASHINGTON, D.C. — Days before a trial is set to begin in a Massachusetts federal court, a panel of the Federal Circuit U.S. Court of Appeals on Oct. 29 rejected in a per curiam order a plastics company’s bid for a writ of mandamus instructing the District Court to dismiss counterclaims by a defendant company in a patent dispute, holding that the plaintiff company did not satisfy the standard for a writ of mandamus.
October 30, 2024
Federal Circuit Rejects Mandamus Bid From Plastics Company In Patent Fight

WASHINGTON, D.C. — Days before a trial is set to begin in a Massachusetts federal court, a panel of judges in the Federal Circuit U.S. Court of Appeals on Oct. 29 rejected in a per curiam order a plastics company’s bid for a writ of mandamus instructing the trial court to dismiss counterclaims by a defendant company in a patent dispute, holding that the plaintiff company did not satisfy the standard for a writ of mandamus.