On March 21, 2018, the Court of Appeals for the Ninth Circuit ruled in a split decision in Williams v. Gaye,[1] that the Estate of Marvin Gaye was entitled to broad copyright protection over Gaye’s 1977 hit song “Got to Give it Up,” including its distinctive musical groove, and the substantial similarity of the hit …
Author: Yonaxis
Fed Circuit Watch: Common Sense Cannot Replace Evidentiary Support
On March 23, 2018, the Court of Appeals for the Federal Circuit handed down DSS Techs. Mgmt., Inc. v. Apple Inc.,[1] reversing two IPR decisions in Apple’s favor on a DSS-owned patent which the PTAB ruled as unpatentable as obvious. The Fed Circuit panel went to lengths to call out the PTAB’s poor analysis and …
Snippets Not Fair Use According to Second Circuit
In another fairly big copyright decision by a federal court of appeals, another seeming technological innovation in the digital space was viewed as copyright infringement. The Court of Appeals for the Second Circuit ruled in Fox News Network, LLC v. TVEyes, Inc.,[1] on February 27, 2018, in a case that will most likely have broader …
Fed Circuit Watch: PTAB Obligated to Follow Own Rules
On March 19, 2018, the Court of Appeals for Federal Circuit handed down Dell Inc. v. Acceleron, LLC (and an erratum)[1] In this case, the panel, composed of Judges Moore, Reyna, and Taranto, ruled that the PTAB had to follow its own rules of practice, after it had decided on late-entered arguments that went counter …
Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed
On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc.,[1] a PTAB decision finding that claims were invalidated as anticipated as unreasonably overbroad. The claim construction was subject in an ex parte reexamination of Power Integrations’ U.S. Patent No. 6,249,876 (‘876). ‘876 is directed to “Frequency …
Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim
On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc.,[1] which deals with many areas in patents, including foreign applications, priority claims, 35 U.S.C. §103, 35 U.S.C. §112, and pre-AIA treatment for examination. This case was heard before a panel composing of Judges Newman, …
CannabIP: U.S. Patent No. 9,895,342 B2
U.S. Patent No. 9,895,342 B2 issued on February 20, 2018, for “Cannabinoids for Use in the Treatment of Neuropathic Pain.” It is assigned to GW Pharma Ltd., which is a fairly large pharmaceutical company based in the United Kingdom. The invention disclosure relates to methods for treatment of neuropathic pain using cannabinoids, and specifically in …
Fed Circuit Watch: Well-Prepared Lexicography Dooms Claim Term as Obvious
This, unfortunately, was a bad week for Steuben Foods, Inc., since this is the second case it lost at the Federal Circuit against the same adversary, Nestlé Foods. This time, in Nestle USA, Inc. v. Steuben Foods, Inc.,[1] the Court of Appeals for the Federal Circuit, on March 13, 2018, ruled that Steuben Foods could …
Fed Circuit Watch: Claim Construction in Earlier IPR Bars Review of Same Term in Later IPR
Steuben Foods, Inc. did not have a good week at the Federal Circuit. On March 13, 2018, two decisions were rendered against it in two patent cases, although for different rationales. The first, Nestlé USA, Inc. v. Steuben Foods, Inc.,[1] the Court of Appeals for the Federal Circuit ruled that Steuben Foods could not argue …
Fed Circuit Watch: Patent Troll Thwarts Google’s Assertion of Claim Preclusion
On March 12, 2018, the Court of Appeals for the Federal Circuit delivered a ruling that will stymie Google’s efforts to shake off a pesky serial patent litigator deemed a “patent troll” by the tech press. That case is SimpleAir, Inc. v. Google LLC.[1] This is the fourth litigated iteration filed by SimpleAir against Google, …