Mealey's IP/Tech - Illinois Federal Judge: Patent Case Qualifies As Exceptional

CHICAGO - Although denying a request by declaratory judgment patent plaintiff Chicago Board Options Exchange Inc. (CBOE) for reimbursement of fees it incurred with various expert witnesses, an Illinois federal judge on Dec. 10 awarded CBOE its attorney fees after finding that the dispute over CBOE's...

Mealey's IP/Tech - Pa. Panel Partly Reverses Denial Of Class Certification In Lost Flash Drive Suit

PHILADELPHIA - A Pennsylvania man's bid for class certification of his lawsuit over a lost flash drive containing private health information (PHI) was partly revived Dec. 9 by a Pennsylvania appeals panel, which found that he had sufficiently pleaded deceptive conduct by his insurer under the state's...

Mealey's IP/Tech - Texas Federal Judge Upholds $85 Million Award Against Google

MARSHALL, Texas - Finding "substantial evidence" in support of a jury's $85 million award against Google Inc., a Texas federal judge on Dec. 10 declined the software giant's request that the verdict be overturned (SimpleAir Inc. v. Google Inc., No. 11-416, E.D. Texas; 2014 U.S. Dist...

Mealey's IP/Tech - Federal Judge Refuses To Vacate $112 Million Award In Patent Dispute

WILMINGTON, Del. - A Delaware federal judge on Dec. 10 denied a corporation's motion to vacate a $112 million arbitration award issued by the International Chamber of Commerce (ICC) in a patent dispute, finding that the tribunal and two other courts have already ruled on the issue and that abstention...

Mealey's IP/Tech - Split NLRB Grants Employees A Limited Right To Send Personal Emails At Work

WASHINGTON, D.C. - The National Labor Relations Board majority on Dec. 11 overruled its divided 2007 decision in Register Guard (351 NLRB 1110) to the extent that it holds that employees can have no statutory right to use their employer's email systems for personal use and granted limited statutory...

Mealey's IP/Tech - Supreme Court Will Hear Dispute Over Patent Royalty Agreements

WASHINGTON, D.C. - The U.S. Supreme Court granted certiorari Dec. 12 in a case that could decide the continued viability of a longstanding precedent that licensing agreements that extend beyond the expiration date of a patent are unenforceable (Stephen Kimble, et al. v. Marvel Enterprises Inc., No. 13...

Mealey's IP/Tech - Supreme Court Denies Certiorari In Patent Invalidity Case

WASHINGTON, D.C. - A request by Hoffman-La Roche Inc. (Roche) for review of an April divided ruling by the Federal Circuit U.S. Court of Appeals that invalidated two patents covering the osteoporosis drug "Boniva" was rejected by the U.S. Supreme Court on Dec. 15 (Hoffman-La Roche Inc. v. Apotex...

Mealey's IP/Tech - Judge Denies Dismissal Of Class Complaint Against Bitcoin Miner Manufacturers

PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss ...

Mealey's IP/Tech - South Carolina Federal Judge Dismisses Apple, Amazon Copyright Case

COLUMBIA, S.C. - A South Carolina federal magistrate judge's recommendation that copyright infringement allegations against Apple Inc. and Amazon Inc. be dismissed was adopted Dec. 12 by a South Carolina federal judge (Roland Chambers v. Apple Inc., et al., No. 14-972, D. S.C.).

Mealey's IP/Tech - Federal Circuit: 4 Multiplex Amplification Patents Are Invalid

WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Dec. 15 deemed four patents relating to the multiplex amplification of short tandem repeat (STR) loci, a form of repeating nucleotide sequence found in DNA, invalid for lack of enablement contrary to findings by a Wisconsin federal...

Mealey's IP/Tech - Plaintiffs In NSA Surveillance Suit Request Notice Of New Intelligence Bill

WASHINGTON, D.C. - More than a month after the District of Columbia U.S. Circuit Court of Appeals heard oral arguments in a closely watched case regarding the surveillance activities of the National Security Agency (NSA), the plaintiffs on Dec. 11 asked the court to take judicial notice of pending piece...

Mealey's IP/Tech - Colorado Federal Judge: Defaulting Copyright Defendant Owes $747,571

DENVER - A prevailing copyright and trademark infringement plaintiff was awarded $747,471 - a sum that includes $742,000 in damages and $5,571 in attorney fees and costs - on Dec. 15 by a Colorado federal judge, following entry of a default judgment (James S. Grady d/b/a Group Five Photosports v. Peter...

Mealey's IP/Tech - Amazon Denies FTC's Unfair Billing Claim Related To Kids' 'In-App' Purchases

SEATTLE - Two weeks after being denied a motion to dismiss a complaint brought against it by the Federal Trade Commission in Washington federal court, Internet retailer Amazon.com Inc. on Dec. 15 filed an answer in which it asserts that the commission failed to state a claim upon which relief can be...

Mealey's IP/Tech - Jury Verdict Reached In Apple's Favor In Antitrust Class Action

OAKLAND, Calif. - In the first day of deliberation after 10 days of oral arguments, a California federal jury on Dec. 16 found that firmware and software updates that Apple Inc. made to its iTunes and iPod products were "genuine product improvements" and, therefore, did not constitute efforts...

Mealey's IP/Tech - Federal Circuit Denies Rehearing In FaceTime Patent Suit Against Apple

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 16 denied a Nevada technology company's motion for en banc rehearing of a ruling that had reversed a $368 million verdict against Apple Inc. related to patent infringement claims that implicated Apple's FaceTime technology ...

Mealey's IP/Tech - Florida Federal Judge Enjoins Counterfeit Handbag Sales

FORT LAUDERDALE, Fla. - Myriad John Doe defendants and the operators of dozens of domain names were enjoined Dec. 16 from any further sales of handbags and other goods bearing the "Chanel" trademark (Chanel Inc. v. Bestbuyhandbag.com, et al., No. 14-62191, S.D. Fla.).

Mealey's IP/Tech - Former Employees File Class Action Over Sony Data Breach

LOS ANGELES - Two former employees filed a putative class complaint against Sony Pictures Entertainment Inc. in California federal court Dec. 15, asserting that the entertainment giant was negligent in its cyber security, which led to the recent breach of Sony's computer network and the compromising...

Mealey's IP/Tech - Federal Circuit: Genetic Testing Patents Claim Ineligible Subject Matter

WASHINGTON, D.C. - A Utah federal judge's denial of a preliminary injunction in a patent dispute over medical kits designed to test for the presence of gene mutations linked to breast and ovarian cancer was affirmed Dec. 17 by the Federal Circuit U.S. Court of Appeals (In re: BRCA1 and BRCA2-based...

Mealey's IP/Tech - Judge Grants Google's Request For Discovery For Use In International Cases

OAKLAND, Calif. - After finding that a discovery request for information on license agreements would not unduly burden a company, a California federal judge on Dec. 15 granted a request by several Google entities to obtain discovery for use in two international arbitrations (In re Application of Google...

Mealey's IP/Tech - 3rd Circuit Affirms Injunction In False Advertising Case

PHILADELPHIA - A Pennsylvania federal magistrate judge did not err in concluding that when a package or label contains an advertising claim and unambiguously defines a claim term, the packaging's definition of the claim term applies to the claim's explicit message, the Third Circuit U.S. Court...

Mealey's IP/Tech - Federal Circuit: Patent Board Erred By Not Construing Term

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board affirming an examiner's refusal to reject various claims of two patents as anticipated or obvious was partly upheld Dec. 17 by the Federal Circuit U.S. Court of Appeals (CSR PLC v. Skullcandy Inc., Nos. 14-1108, -1109, -1138, Fed...

Mealey's IP/Tech - Wisconsin Federal Judge Rules Against Apple In Patent Dispute

MADISON, Wis. - Efforts by Apple Inc. to defend itself from patent infringement allegations by claiming inequitable conduct by a patent owner were rejected Dec. 17 by a Wisconsin federal judge (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.).

Mealey's IP/Tech - Daubert, Summary Judgment Motions Denied In Telenovela Copyright Dispute

MIAMI - In a Dec. 15 ruling, a Florida federal judge denied a series of expert testimony challenges under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [1993]) in a copyright infringement lawsuit over a Spanish-language soap opera, finding that the parties' objections went to the weight...

Mealey's IP/Tech - Delaware Federal Judge: Patents Asserted Against Amazon Are Invalid

WILMINGTON, Del. - Defendants Amazon Inc. and Barnes & Noble Inc. on Dec. 18 won summary judgment that two patents relating to electronic document access and distribution are invalid under 35 U.S. Code Section 101 (Cloud Satchel LLC v. Amazon Inc. et al., Nos. 13-941, -942, D. Del.).

Mealey's IP/Tech - Willful Infringement Claim Survives Motion In Texas Patent Litigation

GALVESTON, Texas - Allegations that a defendant willfully infringed two patents will proceed, thanks to a Dec. 17 ruling by a Texas federal judge (RLIS Inc. v. Cerner Corporation, No. 12-209, S.D. Texas).