Justia Intellectual Property Opinion Summaries

Baxter's patent relates to hemodialysis machines that can function in place of a human kidney to cleanse the blood of toxins using a solution called a dialysate. The patent, entitled "Method and Apparatus for Kidney Dialysis," discloses and claims a hemodialysis machine integrated with a touch screen user interface that allows an operator to monitor and control a number of parameters. To ensure that the process does not filter essential nutrients from the blood, a hemodialysis machine must facilitate the monitoring and control of a number of parameters. In parallel with litigation concerning the patent, the U.S. PTO reexamined and rejected claims in the patent as obvious, 35 U.S.C. 103. The Federal Circuit affirmed. View "In Re Baxter Int'l, Inc." on Justia Law

Apple claimed that Samsung smartphones, the Galaxy S and the Infuse, and its Galaxy Tab 10.1 tablet infringed four Apple patents. Apple sought a preliminary injunction to block importation and U.S. sales. The district court denied the motion with respect to each device and all asserted patents. As to one patent, the court found that Apple failed to show likelihood of success on the merits because the patented design did not cover functional features and the design aspect was likely anticipated. As to others, the court held that Apple failed to show that it would likely suffer irreparable harm from continuing infringement while the case was pending, rejecting a claim of erosion of design distinctiveness. The court concluded that the absence of a nexus between the claimed design and the loss of market share, coupled with delay in seeking an injunction, undercut a claim of irreparable harm. With respect to a patent for the tablet computer, the court found that the design was not dictated by functionality and may have been obvious. The Federal Circuit affirmed with respect to three patents. With respect to the fourth, the court vacated, holding that the district court erred in its validity analysis. View "Apple, Inc. v. Samsung Elec. Co., Ltd." on Justia Law

Gaylord created “The Column,” sculptures representing soldiers that are the centerpiece of the Korean War Veterans' Memorial on the National Mall. The Postal Service issued a stamp commemorating the 50th anniversary of the armistice, with a photograph of The Column, licensed from a photographer. USPS issued roughly 86.8 million of the stamps, sold retail goods with the image, and licensed the image to retailers, without seeking Gaylord's permission. In 2006, Gaylord sued under 28 U.S.C. 1498(b) for copyright infringement. The Federal Circuit held that Gaylord owned the copyright and that USPS was liable for infringement, but remanded for determination of damages. The Court of Federal Claims rejected a claim for a 10 percent royalty on about $30.2 million in revenue allegedly generated by the infringing use, as well as a claim for prejudgment interest, finding that neither 28 U.S.C. 1498(b), which waives sovereign immunity for copyright infringement, nor the copyright infringement statute, 17 U.S.C. 504, authorizes a royalty-based award for copyright infringement and that the proper measure of damages was the reasonable value of a license, between $1,500 and $5,000. The Federal Circuit vacated and remanded for determination of market value of the infringing use and award of prejudgment interest. View "Gaylord v. United States" on Justia Law

In 2001 BPPR sought a declaratory judgment under the Copyright Act, 17 U.S.C. 101 after several music publishing companies contacted BPPR claiming that they owned and were owed royalties on music compositions that BPPR had produced and distributed in a series of Christmas concerts. BPPR deposited royalties due on the compositions with the district court and asked the court to declare to whom the royalties were due and distribute them accordingly. LAMCO and others countersued for copyright infringement. The district court denied motions for summary judgment. Several co-defendants settled their claims among themselves and with BPPR. The jury found BPPR liable for infringement of two compositions owned by LAMCO and ACEMLA, and awarded $42,941.00 in compensatory damages. The court found ACEMLA liable for violating a GVLI copyright and ordered $43,405.35 in damages. The First Circuit affirmed, rejecting challenges to the sufficiency of the evidence. The district court properly found that the settlement agreement did not preclude future litigation of 12 undisputed LAMCO songs. View "Banco Popular de Puerto Rico v. Asociacion de Compositores" on Justia Law

Maker's Mark sued Jose Cuervo for trademark infringement, based on Cuervo's use of red dripping wax seal on bottles of premium tequila. The district court found that the Maker's Mark trademark was valid, rejecting an argument of "functionality" under 15 U.S.C. 1065, and had been infringed. The court entered an injunction, but denied damages. The Sixth Circuit affirmed. The court traced the history of bourbon whiskey and noted that Maker's Mark and its use of a red dripping wax seal, a registered trademark since 1958, occupy a central place in the modern story of bourbon. The majority of the factors indicate a possibility of "confusion of sponsorship" trademark infringement: strength of the trademark, relatedness of the goods, similarity, and marketing channels. Whether there was actual confusion was a neutral factor. View "Maker's Mark Distillery, Inc. v. Diageo North America, Inc." on Justia Law

This case stemmed from the dispute between Meyer and Belk regarding the design, creation, marketing, and profitability of high-end cookware. At the conclusion of trial, the district court entered judgment in accordance with the jury's verdict in favor of Meyer on its claims of trade dress infringement and unfair and deceptive trade practices. On appeal, Belk asserted that the district court erred in numerous respects, including its failure to recognize the sufficiency of the evidence to support Meyer's claims and other errors relating to evidentiary and legal rulings. The court held that Belk's failure to move pursuant to Rule 50(b) forfeited the sufficiency of the evidence challenge on appeal. Finding no error on the issues that were properly preserved, the court affirmed the judgment of the district court. View "Belk, Inc. v. Meyer Corp., U.S." on Justia Law

The invention is an electronic program schedule system for television that allows the user to access and navigate program information. A user can access a display that lists programs alphabetically and can either scroll through this list or search it by entering the first few letters of a program title. The examiner rejected original claim 1, the selection means limitation, as obvious (35 U.S.C. 103) in light of prior art. The applicants amended and added claims 2-23, arguing that they overcame prior art by the means of using keys on the control device to select characters. The 733 patent issued. Within two years, the applicants filed a reissue application, adding claims. The examiner rejected claims 24-44 under 35 U.S.C. 251 because they improperly recaptured subject matter that was surrendered in the 733 application. The Board of Patent Appeals and Interferences affirmed, finding that the reissue claim was broader than the issued claim but narrower than the original claim and that the broadening related to surrendered subject matter. It concluded that the other potentially narrowing limitations, the wireless remote, nonalphanumeric keys, and changing limitations, were not overlooked during prosecution. The Federal Circuit vacated, holding that the Board misapplied the three-step test. View "In Re Youman" on Justia Law

Leader, a software company, owns the 761 patent, which discloses a system that manages data that may be accessed and created by multiple users over a network. The patent improves upon conventional systems by associating data "with an individual, group of individuals, and topical content, and not simply with a folder, as in traditional systems." The system achieves this improvement by having users collaborate and communicate through boards that are accessible through an Internet browser and appear as a webpage. To facilitate those user-facing functions, the data management system employs metadata, tagged to data being created, to capture the association between the data and its context. As users create and change their contexts, the data (files) and applications automatically follow. Prior to filing the 761 application in 2003, Leader developed Leader2Leader.® Facebook claimed that the earlier product, publicly used and on sale prior to December 10, 2002 fell within the scope of the asserted claims of the 761 patent, rendering them invalid under 35 U.S.C. 102(b). The district court ruled in favor of Facebook. The Federal Circuit affirmed, finding the verdict supported by substantial evidence. View "Leader Tech., Inc. v. Facebook, Inc." on Justia Law

The patent, titled "Automated Exchange for Trading Derivative Securities," discloses an invention directed to an automated exchange for trading options contracts that allocates trades among market professionals and that assures liquidity. The patent distinguishes an automated exchange from the traditional, floor-based "open-outcry" system, under which trading takes place through oral communications between market professionals at a central location in open view of other market professionals. The patent purports that it can "provide an automated system for matching previously entered orders and quotations with incoming orders and quotations on an exchange for securities, which will improve liquidity and assure the fair handling of orders." The district court held that the patent is not infringed by the trading system of Chicago Board Options Exchange. The Federal Circuit reversed in part. The district court erred in construing "system memory means," "matching," and "automated exchange." View "Chicago Bd. Options Exch., Inc. v. Int' Sec. Exch., L.L.C." on Justia Law

The FDA last approved a typical antipsychotic in 1975. Despite drawbacks, typical antipsychotics are still used to treat schizophrenia. In the early 1960s, researchers discovered clozapine, the first "atypical" antipsychotic, useful for treating both positive and negative symptoms. Clozapine had serious potential side effects and was withdrawn from clinical trials. The FDA approved no new antipsychotic drugs between 1976 and 1989, finally approving clozapine in 1990, only for certain patients, subject to blood testing. The FDA approved risperidone, an atypical antipsychotic, in 1994, and, since then, has approved seven other atypical antipsychotics, including aripiprazole. These are as effective as typical antipsychotics for treating positive symptoms, while also treating negative symptoms and causing fewer side effects than clozapine. Every approved atypical antipsychotic has chemical structure related either to clozapine or risperidone, except aripiprazole, the active ingredient in "Abilify," marketed by plaintiff for treatment of schizophrenia, bipolar disorder, irritability associated with pediatric autistic disorder, and as add-on treatment for depression. Anticipating expiration of the patent, companies submitted FDA Abbreviated New Drug Applications for approval of generic aripiprazole. The district court ruled in favor of plaintiff on patent infringement, 35 U.S.C. 103. The Federal Circuit affirmed, rejecting claims of obviousness and of nonstatutory double patenting. View "Otsuka Pharm. Co., Ltd. v. Sandoz, Inc." on Justia Law