Mealey's IP/Tech - Judge Limits Some Of Experts' Testimony In Arthritis Drug Patent Dispute

    WORCESTER, Mass. - Granting in part motions by both parties in a patent infringement case pertaining to method patents for treatment of rheumatoid arthritis, a Massachusetts federal judge on Dec. 19 limited certain expert witness testimony related to lost profits, the patent application process and willful infringement (Abbott Biotechnology Ltd., et al. v. Centocor Ortho Biotech Inc., No. 4:09-cv-40089, D. Mass.; 2014 U.S. Dist. LEXIS 175470).

    Mealey's IP/Tech - 5th Circuit Affirms Verdict, Injunction In Lanham Act Dispute

    NEW ORLEANS - The Lanham Act prohibits false commercial speech even when that speech makes scientific claims, the Fifth Circuit U.S. Court of Appeals ruled Dec. 22 (Eastman Chemical Company v. Plastipure Inc., et al., No.13-51087, 5th Cir.; 2014 U.S. App. LEXIS 24236).

    Mealey's IP/Tech - Judge Declines To Quash Symantec Subpoena In Target Data Breach Suit

    SAN FRANCISCO - Symantec Corp. saw its motions to quash and for a protective order denied Dec. 19, with a California federal judge finding that the cyber-security firm had "not meaningfully disputed the relevance sought by the subpoena" in an underlying consumer class action against Target Corp. related to a 2013 data breach (In Re: Target Corporation Consumer Data Security Breach Litigation, No. 3:14-mc-80302, N.D. Calif.).

    Mealey's IP/Tech - Oregon Federal Judge Denies Attorney Fees In Trademark Case

    PORTLAND, Ore. - An Oregon federal judge on Dec. 19 denied a request for attorney fees in a trademark case she said has been "fraught with unnecessary difficulty" (AFD USA, et al. v. AFD China Intellectual Property Law Office, et al., No. 09-1509, D. Ore.; 2014 U.S. Dist. LEXIS 175434).

    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).

    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 - 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 of the experts' testimony and not to its admissibility (LaTele Television C.A. v. Telemundo Communications Group LLC, et al., No. 1:12-cv-22539, S.D. Fla.; 2014 U.S. Dist. LEXIS 172864).

    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 - 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. Cir.).

    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 of Appeals ruled Dec. 17 (Groupe SEB USA Inc. v. Euro-Pro Operating LLC, No. 14-2767, 3rd Cir.).

    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 Inc., et al., No. 14-mc-80333, N.D. Calif.; 2014 U.S. Dist. LEXIS 173085).

    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 Hereditary Cancer Test Patent Litigation, Nos. 14-1361, -1366, Fed. Cir.).

    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 of the personal identifying information (PII) of thousands of past and present employees (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

    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., et al., No. 14-62191, S.D. Fla.).

    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 (VirnetX Inc. v. Apple Inc., No. 13-1489, Fed. Cir.).

    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 to monopolize the digital music market by precluding the play of music purchased from other digital retailers on Apple devices in violation of federal antitrust law (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.).

    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 Inc. on Dec. 15 filed an answer in which it asserts that the commission failed to state a claim upon which relief can be granted (Federal Trade Commission v. Inc., No. 2:14-cv-01038, W.D. Wash.).

    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 Nelson, No. 12-3004, D. Colo.).

    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 of legislation that they say "deals with the Government Defendants' illegal and unconstitutional surveillance" and "relates directly to" the present suit (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).

    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 judge (Promega Corp. v. Life Technologies Corp., et al., Nos. 13-1011, -1029, -1376, Fed. Cir.).

    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 - 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 (Craig Lenell, et al. v. Advanced Mining Technology Inc., et al., No. 14-1924, E.D. Pa.; 2014 U.S. Dist. LEXIS 172052).

    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 Inc., et al., No. 14-474, U.S. Sup.).

    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. 13-720, U.S. Sup.).

    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 protection (Purple Communications, Inc. and Communications Workers of America, AFL-CIO, Nos. 21-CA-095151, 21-RC-091531 and 21-RC-091584, NLRB).