Mealey's IP/Tech - Judge: Unfair Competition, Publicity Rights Claims Against LinkedIn May Proceed

SAN JOSE, Calif. - On Nov. 13, a California federal judge again ruled that putative class claims for unfair competition under state law and common-law publicity rights may proceed against LinkedIn Corp., rejecting the social network operator's defenses under the First Amendment to the U.S. Constitution...

Mealey's IP/Tech - Federal Circuit: Patent Claims Ineligible Subject Matter

WASHINGTON, D.C. - In its second ruling in the case and following two grants of certiorari by the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Nov. 14 reversed course, this time finding that a method for distributing copyrighted products over the Internet claims patent-ineligible...

Mealey's IP/Tech - High Court Denies Certiorari In Communications Decency Act Case Against Facebook

WASHINGTON, D.C. - In its Nov. 17 order list, the U.S. Supreme Court denied without comment a petition for certiorari against Facebook Inc. brought by a political activist who sought to hold the social network responsible for a user page that encouraged violence against the Jewish people (Larry Klayman...

Mealey's IP/Tech - Federal Circuit Partly Vacates Sanctions In Patent Litigation

WASHINGTON, D.C. - A Washington federal judge did not err in deeming some conduct by patent infringement defendants and their counsel sanctionable, but other conduct was not properly subject to sanctions, the Federal Circuit U.S. Court of Appeals ruled Nov. 14 (Loops LLC et al. v. Amercare Products Inc...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Injunction In Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge properly found that four claims of a reissued patent are invalid for failure to comply with the "original patent" requirement of 35 U.S. Code Section 251, the Federal Circuit U.S. Court of Appeals ruled Nov. 17, affirming a denial of preliminary injunctive...

Mealey's IP/Tech - 9th Circuit Denies Rehearing Of 'StreetSurfer' Trademark Coverage Dispute

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 14 refused to reconsider its ruling that an insurance policy's prior publication exclusion bars coverage for underlying claims that the insured infringed on the claimant's use of the "StreetSurfer" trademark to market...

Mealey's IP/Tech - 11th Circuit Says Standing Not Lacking In Trademark Action

ATLANTA - After receiving an answer from the Florida Supreme Court on a question it certified in October 2013, the 11th Circuit U.S. Court of Appeals on Nov. 17 found that Florida VirtualSchool, a Florida state agency, has standing to pursue trademark infringement claims against an online charter school...

Mealey's IP/Tech - Target Customers In Data Breach Suit Oppose Motion To Quash Symantec Subpoena

SAN FRANCISCO - In response to a motion by Symantec Corp. to quash a subpoena served on it related to a multidistrict class action against Target Corp., the putative lead plaintiffs on Nov. 17 filed an opposition, arguing that the information sought regarding Symantec's cybersecurity products that...

Mealey's IP/Tech - New York Federal Judge: Personal Jurisdiction Lacking In Copyright Case

NEW YORK - A defendant on Nov. 14 won dismissal of allegations that it infringed upon copyrighted celebrity photographs, when a New York federal judge agreed that personal jurisdiction there is lacking (BWP Media USA Inc., et al. v. Hollywood.com Holdings LLC, et al., No. 14-121, S.D. N.Y.; 2014 U.S...

Mealey's IP/Tech - Federal Circuit Affirms Invalidity Holdings In Patent Dispute

WASHINGTON, D.C. - U.S. Judge Leonard P. Stark of the District of Delaware correctly deemed eight claims of two different osteoporosis drug patents invalid, the Federal Circuit U.S. Court of Appeals concluded Nov. 18 (Warner Chilcott Company LLC, et al. v. Teva Pharmaceuticals Inc., et al., Nos. 14-1439...

Mealey's IP/Tech - Judge Denies Further Sanctions Against Attorneys In Copyright Dispute

EAST ST. LOUIS, Ill. - Although an Illinois federal judge found certain behavior by the plaintiff's attorneys in a now-dismissed copyright infringement lawsuit to be questionable and suspicious, he held Nov. 18 that there was not sufficient evidence to definitively establish sanctionable behavior...

Mealey's IP/Tech - Pharmacy, Pharmacist Are Liable For $1.44M In Damages In Privacy Breach Suit

INDIANAPOLIS - The Indiana Court of Appeals on Nov. 14 upheld a jury ruling that a pharmacy and pharmacist are liable for damages sustained by a customer as a result of the pharmacist's privacy breach (Walgreen Co. v. Abigail E. Hinchy, No. 49A02-1311-CT-950, Ind. App.; 2014 Ind. App. LEXIS 560)...

Mealey's IP/Tech - Health Insurer: Endo Paid Impax $112M To Delay Selling Generic Opana ER

BATON ROUGE, La. - Blue Cross Blue Shield of Louisiana on Nov. 17 filed a class action complaint in federal court, alleging that Endo Health Solutions Inc. paid a competitor at least $112 million to delay a generic drug until Endo could market a new, crush-resistant formula (Louisiana Health Service...

Mealey's IP/Tech - Federal Circuit: Collateral Estoppel Wrongly Applied In Patent Case

WASHINGTON, D.C. - A California federal judge's determination of noninfringement based upon a determination that a plaintiff was collaterally estopped from seeking a claim construction of its own patent was partly reversed Nov. 19 by the Federal Circuit U.S. Court of Appeals (e.Digital Corporation...

Mealey's IP/Tech - Federal Circuit Reverses, Remands Denial Of Stay In Patent Case

WASHINGTON, D.C. - A Delaware federal judge's decision to deny a stay of patent litigation was reversed and remanded as "clearly erroneous" on Nov. 20 by the Federal Circuit U.S. Court of Appeals (Versata Inc. v. Callidus Software Inc., No. 14-1468, Fed. Cir.).

Mealey's IP/Tech - 11th Circuit Affirms $1.32 Million Award In Trademark Case

ATLANTA - A Florida federal judge did not err in finding that two defendants lacked rights in the "DRX" trademark, nor in awarding a prevailing infringement plaintiff $1.32 million in lost profit damages, the 11th Circuit U.S. Court of Appeals ruled Nov. 18 (Axiom Worldwide Inc. v. Excite Medical...

Mealey's IP/Tech - Illinois Federal Judge Grants Motion To Amend In Trademark Dispute

CHICAGO - A request by a defendant for leave to file an amended counterclaim adding state law claims of trade disparagement and defamation was granted Nov. 20 by an Illinois federal judge in a trademark infringement dispute (DB Distributors LLC v. 21 Century Smoking Inc., No. 12-50324, N.D. Ill.).

Mealey's IP/Tech - 11th Circuit Affirms Injunction, Award In Copyright Litigation

ATLANTA - A performing rights society and several individual copyright owners were properly awarded summary judgment by a Florida federal judge on their allegations of copyright infringement, the 11th Circuit U.S. Court of Appeals ruled Nov. 21 (Broadcast Music Inc. v. Evie's Tavern Ellenton Inc...

Mealey's IP/Tech - New Jersey Federal Judge Grants Injunction In Patent Case

TRENTON, N.J. - A defendant was enjoined Nov. 21 by a New Jersey federal judge from selling its vehicle-mounted stray voltage detector while patent infringement allegations against it are litigated (Power Survey LLC v. L-3 Communications Holdings Inc., et al., No. 13-5670, D. N.J.; 2014 U.S. Dist. LEXIS...

Mealey's IP/Tech - Illinois Federal Judge: Injunction Warranted In Patent Case

CHICAGO - Citing a declaratory judgment defendant's "substantial likelihood" of succeeding on the merits of its patent infringement counterclaim, an Illinois federal judge on Nov. 21 agreed to award a preliminary injunction in the case (Tuf-Tite Inc. v. Federal Package Networks Inc., No...

Mealey's IP/Tech - $400 Million Settlement Of Apple E-Book Antitrust Suit Receives Final Approval

NEW YORK - On Nov. 21, a New York federal judge granted final approval to a $400 settlement between Apple Inc. and a group of consumer and state plaintiffs to settle claims that it conspired with publishers to fix prices of electronic books (e-books) (In re Electronic Books Antitrust Litigation, No....

Mealey's IP/Tech - New York Federal Judge Dismisses Patent Invalidity Counterclaim

BUFFALO, N.Y. - A request by a patent infringement plaintiff for dismissal of counterclaims of patent invalidity was granted Nov. 21 by a New York federal judge, pursuant to Federal Rule of Civil Procedure 12(b)(6) (Wi3 Inc. v. Actiontec Electronics Inc., No. 14-6321, W.D. N.Y.; 2014 U.S. Dist. LEXIS...

Mealey's IP/Tech - Nevada Federal Judge Dismisses Lanham Act, State Law Claims

LAS VEGAS - A plaintiff's allegations of false advertising under the Lanham Act were rejected as insufficiently pleaded for a third time on Nov. 24 by a Nevada federal judge (LT International Ltd. v. Shuffle Master Inc., No. 12-1216, D. Nev.; 2014 U.S. Dist. LEXIS 164013).

Mealey's IP/Tech - Connecticut Federal Judge Issues Injunction In Trademark Case

HARTFORD, Conn. - Following a September ruling that decided the ownership of the disputed "Lavatec" trademark, a Connecticut federal judge on Nov. 21 enjoined a defendant from using the mark as part of its trade name (Lavatec Laundry Technology GmbH v. Lavatec Inc., No. 13-56, D. Conn.; 2014...

Mealey's IP/Tech - New York Federal Judge: No Standing Exists In Trademark Case

NEW YORK - In what she deemed a case of first impression, a New York federal judge on Nov. 24 found that two plaintiffs lack standing pursuant to Federal Rules of Civil Procedure (FRCP) 12(b)(1) and 12(h)(3) to bring claims of trademark infringement (Federal Treasury Enterprise Sojuzplodoimport, et al...