Apple Succeeds In Having Certain Audio Distribution Patents Deemed Unpatentable As Obvious

Apple Inc. v. Sightsound Technologies, LLC, Related Case Nos. CMB2013-00023 and CMB2013-00020 (PTAB Oct. 7, 2014) [Papers 101 and 105, respectively].

Apple succeeded in having the PTAB hold that certain claims in patents relating to a "system and associated method for the electronic sales and distribution of digital audio or video signals" are unpatentable.  The PTAB concluded that certain claims would have been obvious based on existing publications by non-parties, pursuant to 35 USC 103(a).  However, Apple did not succeed in establishing that the claims were anticipated under 35 USC 102(a).

No Patent For Music Royalty Technology

In re Scott P. Schreer, No. 2012-1564 (Fed. Cir. May 21, 2013).

The Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals decision that "the claims would have been obvious to one of ordinary skill in the art at the time of invention..."  The patent application sought to cure problems relating to the "public performance" right of copyright holders by claiming a method of compensating the copyright holders.  "Generally speaking, the claimed method method consists of embedding identification information in an audio file, broadcasting the audio file in a public broadcast, receiving the audio file by a monitoring station, correlating the identification information to a copyright holder, and then compensating the copyright holder."

Leave To Amend Pleading In Patent Case

Touchtunes Music Corp. v. Rowe Int'l Corp., 07 Civ 11450, 5/18/10 NYLJ "Decision of Interest" (S.D.N.Y. decided May 11, 2010).

Defendant moved pursuant to Rule 15 of the Fed. R. Civ. P. for leave to file an amended answer containing an additional counterclaim of patent infringement. Motion granted.

The patent at issue relates generally to source code concerning how advertisements are assembled and executed on a jukebox or other electronic device.