Mealey's IP/Tech - Certiorari Denied In Dispute Over Denial Of Patent Review

WASHINGTON, D.C. - A practice by the Federal Circuit U.S. Court of Appeals of blocking appellate review of decisions by the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board that deny petitions for inter partes review under 35 U.S. Code Sections 312 and 315 may continue, for now...

Mealey's IP/Tech - Judge Approves $40 Million Award Against TracFone In FTC's Data-Throttling Suit

SAN FRANCISCO - In conjunction with a stipulated order filed by the Federal Trade Commission and TracFone Wireless Inc., a California federal judge on Feb. 20 approved a $40 million judgment against the mobile service provider for engaging in "data throttling" practices in violation of the...

Mealey's IP/Tech - 5th Circuit Affirms Attorney Fee Award In Copyright Case

NEW ORLEANS - Finding no error in a Louisiana federal judge's decision to grant a prevailing copyright infringement defendant attorney fees, the Fifth Circuit U.S. Court of Appeals on Feb. 20 affirmed (Louisiana Contractors Licensing Service Inc. v. American Contractors Exam Services Inc., No. 14...

Mealey's IP/Tech - 6th Circuit Reverses Trademark Abandonment Holding

CINCINNATI - An Ohio federal judge's determination that a trademark plaintiff abandoned any right to the mark through non-use and a corresponding order canceling the mark registration were reversed Feb. 20 by the Sixth Circuit U.S. Court of Appeals (NetJets Inc. v. IntelliJet Group LLC, No. 14-3118...

Mealey's IP/Tech - Antitrust Class Action Over Google Search On Hand-Held Devices Dismissed

SAN JOSE, Calif. - A putative class action against Google Inc. related to its purported monopolization of the market for Internet search engines on mobile devices was dismissed Feb. 20 by a California federal judge, who found the plaintiffs' claimed injuries to be conclusory, speculative and not...

Mealey's IP/Tech - 9th Circuit Affirms False Endorsement Verdict, Judgment

SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Feb. 20 upheld a Nevada federal judge's determination that sufficient evidence supported a jury verdict of false endorsement (Fifty-Six Hope Road Music Ltd. et al. v. AVELA Inc. et al., No. 13-15407, 9th Cir.; 2015 U.S...

Mealey's IP/Tech - Infringing Houses Qualify As 'Advertisements' Under Policy, 5th Circuit Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals affirmed Feb. 26 that a commercial insurer has a duty to indemnify its builder insured against an underlying judgment of $3,031,563 in damages and $1,091,362 in attorney fees arising from an architecture firm's copyright infringement suit (Mid...

Mealey's IP/Tech - Michigan Federal Judge Enjoins Use Of 'Metro Cars' Trademark

DETROIT - A defaulting defendant was ordered by a Michigan federal judge on Feb. 27 to refrain from any use of the "Metro Cars" trademark in connection with his chauffeur and other transportation services (Great Lakes Transportation Holding LLC v. Mumtaz Chaudhry, No. 14-13594, E.D. Mich.;...

Mealey's IP/Tech - Federal Circuit Affirms Cancellation Of 'Playdom' Service Mark

WASHINGTON, D.C. - A decision by the Trademark Trial and Appeal Board (TTAB) to cancel a service mark for "Playdom" was upheld March 2 by the Federal Circuit U.S. Court of Appeals, on grounds of nonuse (David Couture v. Playdom Inc., No. 14-1480, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Remands For New Trial On Damages In Patent Case

WASHINGTON, D.C. - A California federal judge's decision to sustain a jury verdict of patent infringement was upheld March 2 by the Federal Circuit U.S. Court of Appeals, but a related award of damages for past infringement and an ongoing royalty rate was remanded for a new trial (Warsaw Orthopedic...

Mealey's IP/Tech - Oklahoma Federal Judge Rejects Class Action Lanham Act Claim

MUSKOGEE, Okla. - Reed Elsevier Inc. won dismissal March 2 of allegations that it violated the Lanham Act by partnering with online marketing companies to generate leads for law firms (Anthony L. Allen, et al. v. Reed Elsevier Inc., et al., No. 14-213, E.D. Okla.; 2015 U.S. Dist. LEXIS 24667).

Mealey's IP/Tech - High Court: Tax Injunction Act Does Not Bar Suit Over Sales Tax Procedures

WASHINGTON, D.C. - The U.S. Supreme Court on March 3 held that a retailers trade association lawsuit challenging the constitutionality of a Colorado tax law, which requires retailers to notify customers of uncollected sales tax on mail order and Internet purchases, is not barred by the Tax Injunction...

Mealey's IP/Tech - 9th Circuit Upholds Dismissal Of Netflix, Wal-Mart DVD Rental Antitrust Claims

SAN FRANCISCO - A consolidated consumer class failed to establish injury-in-fact to support its antitrust claims against Netflix Inc. and Wal-Mart Stores Inc., a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 27, upholding a district court's judgment in the retailers' favor (In Re Online...

Mealey's IP/Tech - Federal Circuit: Term Properly Calculated By Patent Office

WASHINGTON, D.C. - A Virginia federal judge properly granted the U.S. Patent and Trademark Office summary judgment on allegations that it improperly calculated the Patent Term Adjustment (PTA) period for a patent covering the compound cobicistat, the Federal Circuit U.S. Court of Appeals ruled Feb. 26...

Mealey's IP/Tech - Florida Federal Judge Grants Dismissal In Copyright Case

FORT LAUDERDALE, Fla. - A copyright infringement defendant on March 2 won dismissal of the allegations when a Florida federal judge found that exercising jurisdiction would violate due process (Exist Inc. v. Woodland Trading Inc., No. 14-61354, S.D. Fla.; 2015 U.S. Dist. LEXIS 24872).

Mealey's IP/Tech - 9th Circuit Reverses Preliminary Injunction In Trademark, Contract Case

SAN FRANCISCO - A dispute over jewelry designs was remanded to a California federal court on March 3 by the Ninth Circuit U.S. Court of Appeals, which found that the judge in the case abused his discretion in awarding a preliminary injunction (Philippe Charriol International Ltd. v. A'lor International...

Mealey's IP/Tech - Colorado Federal Judge Temporarily Restrains Trademark Usage

DENVER - A dispute over trademarked bovine serums will proceed with a temporary restraining order in place, thanks to a March 3 ruling by a Colorado federal judge (Atlas Biologicals Inc. v. Thomas Kutrubes, No. 15-355, D. Colo.; 2015 U.S. Dist. LEXIS 25502).

Mealey's IP/Tech - Man Sentenced To 2 Years' Imprisonment For Hacking More Than 400 Computers

NEW YORK - In a March 2 judgment, a New York federal judge sentenced a confessed hacker to 24 months' imprisonment for his illegal access to at least 400 victims' computers via remote access tool (RAT) malicious software (malware) (United States of America v. Kyle Fedorek, No. 1:14-cr-00548,...

Mealey's IP/Tech - In Revised Ruling, Magistrate Deems Twitter Users' Comments Protected Speech

SAN FRANCISCO - In a March 2 corrected ruling, a California federal magistrate judge applied a legal standard championed by Twitter Inc. and an amicus curiae and reversed an earlier order in which she had granted a defamation plaintiff's motion to compel discovery of two anonymous Twitter users,...

Mealey's IP/Tech - New Jersey Federal Judge Invalidates Claims Of Drug Patent

TRENTON, N.J. - Two claims of a patented formulation for the treatment of osteoporosis were deemed invalid as obvious on March 4 by a New Jersey federal judge (Warner Chilcott Co. et al. v. Teva Pharmaceuticals Inc., No. 11-6936, D. N.J.; 2015 U.S. Dist. LEXIS 26207).

Mealey's IP/Tech - Law Firm Can't Dodge Malpractice Claims Stemming From Patent Case

ROCHESTER, N.Y. - Allegations of legal malpractice levied against a law firm in connection with its alleged failure to provide timely notice of alleged patent infringement will proceed, thanks to a March 4 denial of summary judgment by a New York federal judge (Oak Forest Products Inc., et al. v. Hiscock...

Mealey's IP/Tech - Mississippi AG's Subpoena On Google Enjoined By Federal Judge

JACKSON, Miss. - Pending briefing and discovery, a Mississippi federal judge on March 2 granted a motion by Google Inc. to preliminarily enjoin a subpoena Mississippi Attorney General (AG) Jim Hood served on the Internet giant in conjunction with his efforts to curb online piracy and the sale of counterfeit...

Mealey's IP/Tech - Motion To Quash In Florida Copyright Case Partly Denied

FORT LAUDERDALE, Fla. - A Florida federal magistrate judge on March 4 ordered a copyright and trademark infringement plaintiff to hand over evidence relating to its finances from 2010 to the present (Exist Inc. v. ESY Inc., No. 14-62429, S.D. Fla.; 2015 U.S. Dist. LEXIS 26248).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Patent Case On Jurisdiction Grounds

CHICAGO - A Nevada doctor need not defend against patent infringement allegations in Illinois federal court, thanks to a March 3 ruling by U.S. Judge Edmond E. Chang of the Northern District of Illinois (Addiction and Detoxification Institute LLC v. Thomas C. Yee, No. 14-5648, N.D. Ill.; 2015 U.S. Dist...

Mealey's IP/Tech - Magistrate Awards 'Mild Sanctions' To Trademark Defendant Over Discovery Disputes

SANTA ANA, Calif. - Noting a moving defendant's failure to show significant prejudice from a plaintiff's failure to comply with certain portions of its discovery requests, and in light of a subsequent submission of comparable evidence, a California federal magistrate on March 3 granted in part...