LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Again Says Heart Rate Monitor Patent Not Indefinite

WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on April 27 maintained its previous holding that a heart rate monitor patent is not indefinite (Biosig Instruments Inc. v. Nautilus Inc., No. 12-1289, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Grants En Banc Rehearing In Disparaging Mark Case

WASHINGTON, D.C. - One week after affirming the denial of a trademark registration of "The Slants" on disparagement grounds, the Federal Circuit U.S. Court of Appeals on April 27, acting sua sponte, granted en banc rehearing (In re: Simon Shiao Tam, No. 14-1203, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Reverses, Remands Patent Noninfringement Holding

WASHINGTON, D.C. - An Ohio federal judge's construction of "when a caller is placed on hold" was not improper, a panel of the Federal Circuit U.S. Court of Appeals ruled April 24 (Info-Hold Inc. v. Muzak LLC, No. 14-1167, Fed. Cir.).

Mealey's IP/Tech - Defaulting Copyright Defendants Ordered To Pay $1.6 Million In Damages

SAN FRANCISCO - Although admittedly "concerned about the sizable amount" of actual damages claimed by a copyright infringement plaintiff, a California federal judge on April 23 nonetheless ordered two defaulting defendants to pay $1.6 million (FormFactor Inc. v. Mr. Prober Technology Inc. et...

Mealey's IP/Tech - 6th Circuit Reverses, Remands Res Judicata Ruling In Trademark Case

CINCINNATI - An Ohio federal judge's summary judgment dismissal of trademark infringement claims on res judicata grounds was vacated and remanded April 24 by the Sixth Circuit U.S. Court of Appeals (A Metal Source LLC v. All Metal Sales Inc., et al., No. 14-3951, 6th Cir.; 2015 U.S. App. LEXIS 6836...

Mealey's IP/Tech - 3rd Circuit Affirms Dismissal Of Copyright Claims Over Medical Data

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 27 rejected a plaintiff's claim that "substantial justice" requires that the "registration requirement" for filing a copyright infringement action be overlooked (Gregory Markantone DPM v. Podiatric Billing Specialists...

Mealey's IP/Tech - California Federal Judge Sanctions Copyright Plaintiff, Attorneys

LOS ANGELES - Citing the "unnecessary joinder" of "an extremely large number of defendants," a California federal judge on April 24 sanctioned a copyright infringement plaintiff and its counsel (We 3 Kings Inc. v. The Steve Harvey Show et al., No. 14-8816, C.D. Calif.).

Mealey's IP/Tech - New York Federal Judge Releases Redacted Ruling In Trademark Dispute

NEW YORK - Competing motions for summary judgment in a dispute over the "RLX" trademark were denied March 31, according to a ruling released April 27 by a New York federal judge (Rolex Watch USA Inc. v. PRL USA Holdings Inc., No. 12-6006, S.D. N.Y.; 2015 U.S. Dist. LEXIS 54766).

Mealey's IP/Tech - Class Action Lawsuit Accuses Service Provider Of Failing To Back Up Data

LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because...

Mealey's IP/Tech - Uber May Subpoena Comcast, GitHub To Identify Hacker, Magistrate Rules

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled April...

Mealey's IP/Tech - Blog Administrator Awarded Attorney Fees In Dismissed Defamation Case

DENVER - A Colorado federal judge on April 24 granted a blog administrator's motion for attorney fees in a case in which he achieved dismissal due to lack of jurisdiction, with the judge finding that a Colorado statute's attorney fees provision did not conflict with federal law (Advanced Career...

Mealey's IP/Tech - Kentucky Federal Judge Stays Discovery On Patent Validity Issues

LEXINGTON, Ky. - A breach of contract case was stayed, in part, on April 28 by a Kentucky federal judge pending re-examination of two patents by the U.S. Patent and Trademark Office (Natural Alternatives LLC v. JM Farms, No. 12-333, E.D. Ky.; 2015 U.S. Dist. LEXIS 55271).

Mealey's IP/Tech - Nevada Federal Judge Excludes Expert Testimony In Patent Dispute

LAS VEGAS - A motion in limine by six patent infringement defendants to partially exclude the testimony of a plaintiff's expert witness at trial was granted April 28 by a Nevada federal judge (2-Way Computing Inc. v. Sprint Solutions Inc. et al., No. 11-12, D. Nev.; 2015 U.S. Dist. LEXIS 55479).

Mealey's IP/Tech - Federal Circuit Reverses Enhanced Damages, Fee Award In Patent Case

WASHINGTON, D.C. - A Louisiana federal judge's decision to treble a jury's damage award in a patent case was vacated April 29 by the Federal Circuit U.S. Court of Appeals in light of the panel's rejection of the jury's determination of willful infringement (Innovention Toys LLC v. MGA...

Mealey's IP/Tech - Federal Circuit Announces Date For Rehearing In Patent Case

WASHINGTON, D.C. - A dispute over whether the defense of laches is available as a bar to patent infringement lawsuits in which money damages or injunctive relief are sought will be heard by the full Federal Circuit U.S. Court of Appeals on June 19, the court announced April 29 (SCA Hygiene Products Aktiebolag...

Mealey's IP/Tech - Magistrate Recommends Default Judgment Against Doe In Cybersquatting Suit

ALEXANDRIA, Va. - In light of a finding that a transfer of 14 domain names was done with a bad faith intent to profit and of a John Doe defendant's failure to respond to a cybersquatting complaint, a Virginia federal magistrate judge on April 28 recommended granting a plaintiff's motion for default...

Mealey's IP/Tech - 11th Circuit Reverses Copyright Invalidity Holding

ATLANTA - A Georgia federal judge erroneously invalidated a copyright on a 2-D laminate flooring design, the 11th Circuit U.S. Court of Appeals ruled April 29 (Home Legend LLC v. Mannington Mills Inc., No. 14-13440, 11th Cir.; 2015 U.S. App. LEXIS 7075).

Mealey's IP/Tech - AT&T Denies FTC's Claims Of Data Throttling Of Unlimited Data Customers

OAKLAND, Calif. - After seeing its motion to dismiss a complaint by the Federal Trade Commission denied in California federal court, AT&T Mobility LLC filed an answer April 28 in which it denies any violations of the Federal Trade Commission Act (FTC Act), asserting that "consumers have not...

Mealey's IP/Tech - Kansas Federal JudgeDismisses Copyright Case On Jurisdiction Grounds

KANSAS CITY, Kan. - A renewed motion to dismiss was granted April 29 by a Kansas federal judge in a dispute over copyrighted fish illustrations (Joseph Tomelleri v. MEDL Mobile Inc., et al., No. 14-2113, D. Kan.; 2015 U.S. Dist. LEXIS 55943).

Mealey's IP/Tech - New York Panel Withdraws Appeal After Sony, Insurers Discontinue Coverage Suit

NEW YORK - A New York appeals panel on April 30 withdrew Sony's appeal of a lower court's finding that there is no coverage for a data breach caused by a cyber-attack of Sony's online networks, one day after Sony and its insurers filed a stipulation to discontinue the coverage lawsuit with...

Mealey's IP/Tech - 3rd Circuit: Consumer Law Ruling Applies Retroactively In Restaurant.com Case

PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule...

Mealey's IP/Tech - Class Complaint Over EBay Data Breach Dismissed For Lack Of Injury

NEW ORLEANS - A man whose personal information was accessed in a data breach experienced by eBay Inc. failed to establish the necessary injury-in-fact from a possible future identity theft, a Louisiana federal judge ruled May 4, granting the online marketplace operator's motion to dismiss the putative...

Mealey's IP/Tech - Florida Federal Judge Denies Dismissal In Trademark Case

ORLANDO, Fla. - Efforts by the operators of a virtual school to obtain dismissal of trademark infringement claims by a competing, state-run virtual school failed May 4, when a Florida federal judge rejected arguments that the State of Florida must be joined to the action as an indispensable party (Florida...

Mealey's IP/Tech - Federal Circuit Affirms: Patent Claims Are Invalid As Indefinite

WASHINGTON, D.C. - A Delaware federal judge did not err in finding that a software patent's specification failed to disclose an algorithm to provide structure for various computer-implemented means-plus-function elements, the Federal Circuit U.S. Court of Appeals said May 6 (EON Corp. IP Holdings...

Mealey's IP/Tech - Pennsylvania Federal Judge Denies Relief, Dismisses Copyright Case

PHILADELPHIA - A copyright dispute over website code was dismissed May 5 by a Pennsylvania federal judge (Valori Zaslow v. William T. Coleman III, et al., No. 15-1272, E.D. Pa.; 2015 U.S. Dist. LEXIS 58533).