LexisNexis® Legal Newsroom
    Mealey's IP/Tech - California Federal Judge Orders Amended Infringement Contentions

    SAN FRANCISCO - Although denying a defendant's motion to strike, a California federal judge on Sept. 7 ordered a patent owner to amend its infringement contentions for specificity (Synopsys Inc. v. ATopTech Inc., No. 13-2965, N.D. Calif.; 2015 U.S. Dist. LEXIS 118796).

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

    WASHINGTON, D.C. - A Virginia federal judge properly deemed "compliance mechanism" a means-plus-function term that lacks sufficient structure as it is used in a patent covering a method for preventing unauthorized recordings, the Federal Circuit U.S. Court of Appeals ruled Sept. 4 (Media Rights Technologies Inc. v. Capital One Financial Corporation, et al., No. 14-1218, Fed. Cir.; 2015 U.S. App. LEXIS 15767).

    Mealey's IP/Tech - Federal Circuit Reverses Patent Invalidity Holding

    WASHINGTON, D.C. - A California federal judge's summary judgment determination of patent invalidity was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 8, in a dispute over a medical device (Ivera Medical Corporation v. Hospira Inc., No. 14-1613, -1614, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms: Contact-Lens Material Patent Is Invalid

    WASHINGTON, D.C. - A District of Columbia federal judge's decision to uphold findings by the U.S. Patent and Trademark Office (PTO) that a patent covering rigid, gas permeable contact-lens materials is invalid as obvious was not clearly erroneous, the Federal Circuit U.S. Court of Appeals concluded Sept. 3 (Dome Patent LP v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 14-1673, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms: Patent Challenger Failed To Meet Burden

    WASHINGTON, D.C. - A petitioner that failed to persuade the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board to invalidate two claims of a plastic molding patent on inter partes review was similarly unsuccessful Sept. 4 before the Federal Circuit U.S. Court of Appeals (Dynamic Drinkware LLC v. National Graphics Inc., No. 15-1214, Fed. Cir.).

    Mealey's IP/Tech - Florida Federal Judge Slammed For Exercising Supplemental Jurisdiction

    ATLANTA - In what it deemed an "extraordinary case predicated upon extraordinary legal theories," the 11th Circuit U.S. Court of Appeals on Sept. 3 found that a Florida federal judge abused her discretion in retaining supplemental jurisdiction over various state law claims after entering a consent decree mooting a federal false advertising claim (Ameritox Ltd. v. Millennium Laboratories Inc., No. 14-14281, 11th Cir.; 2015 U.S. App. LEXIS 15664.).

    Mealey's IP/Tech - Barnes & Noble May Subpoena Credit Card Statements In False Advertising Suit

    SANTA ANA, Calif. - A lead plaintiff's credit card statements are relevant to establishing his putative class claim under California's Consumers Legal Remedies Act (CLRA), a California federal magistrate ruled Aug. 31, declining to quash a subpoena served on the credit card issuer by defendant Barnes & Noble Inc. (BN) (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).

    Mealey's IP/Tech - Delaware Federal Judge Agrees: Patent Is Invalid

    WILMINGTON, Del. - A Delaware federal judge on Sept. 2 granted myriad infringement defendants judgment on the pleadings, deeming an asserted patent invalid under Section 101 of the Patent Act (Novo Transforma Technologies LLC v. Sprint Spectrum L.P. et al., Nos. 14-612, -613, -614, -615, -616, D. Del.; 2015 U.S. Dist. LEXIS 116647).

    Mealey's IP/Tech - 3rd Circuit: Dismissal Of False Advertising Claims Was Not Error

    PHILADELPHIA - A Pennsylvania federal judge's finding that standing is lacking in a false advertising case pursuant to Conte Bros. Auto. Inc. v. Quaker-State Slick 50 Inc. (165 F.3d 221 [3rd Cir. 1998]) was affirmed Sept. 2 by the Third Circuit U.S. Court of Appeals, albeit under a newer standard from the Supreme Court (The Knit With v. Knitting Fever Inc., et al., No. 12-3219, 3rd Cir.; 2015 U.S. App. LEXIS 15575).

    Mealey's IP/Tech - Class Action Asserts Biometrics Violations In Facebook's Photo Tagging

    SAN FRANCISCO - In a consolidated complaint filed Aug. 28 in California federal court, three Illinois residents allege violations of an Illinois biometrics statute by Facebook Inc. in the social network's "Tag Suggestions" feature for pictures (Carlo Licata, et al. v. Facebook Inc., No. 3:15-cv-03748, N.D. Calif.).

    Mealey's IP/Tech - GPS Navigation App Maker Sues Waze, Google For Copying Database

    SAN FRANCISCO - The creator of the PhantomALERT smart phone and global positioning system (GPS) device applications (apps) on Sept. 1 filed a copyright infringement lawsuit in California federal court, asserting that its proprietary database was copied and used in the competing Waze app (PhantomALERT Inc. v. Google Inc., et al., No. 3:15-cv-03986, N.D. Calif.).

    Mealey's IP/Tech - Delaware Federal Judge Grants In Part Dismissal Of Copyright Claims

    WILMINGTON, Del. - A defendant won dismissal on Aug. 31 of copyright infringement allegations as they relate to one software program but was denied dismissal with regard to another (Micro Focus U.S. Inc. v. Insurance Services Office Inc., No. 15-252, D. Del.; 2015 U.S. Dist. LEXIS 115244).

    Mealey's IP/Tech - Texas Magistrate Judge Won't Transfer Patent Case To California

    MARSHALL, Texas - Efforts by two patent infringement defendants to transfer the allegations levied against them to the U.S. District Court for the Northern District of California were rejected Sept. 1 by a Texas federal magistrate judge (Core Wireless Licensing S.A.R.L. v. LG Electronics Inc. et al., No. 14-911, E.D. Texas; 2015 U.S. Dist. LEXIS 115801).

    Mealey's IP/Tech - 9th Circuit Affirms: Lost Profits Properly Barred in Trade Dress Case

    SAN FRANCISCO - A California federal judge did not err in granting a new trial on trade dress infringement allegations, nor in his decision to exclude a plaintiff's damages expert at the new trial and bar the plaintiff from seeking lost profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 31 (Stop Staring! Designs v. Tatyana LLC, d/b/a Bettie Page Clothing, No. 13-55051, 9th Cir.; 2015 U.S. App. LEXIS 15388).

    Mealey's IP/Tech - 10th Circuit Affirms Dismissal Of Lanham Act, Sherman Act Claims

    DENVER - Allegations of false advertising under Section 43(a) of the Lanham Act were properly dismissed by a Utah federal judge, the 10th Circuit U.S. Court of Appeals ruled Aug. 31 (Dr. Drake Vincent M.D., et al. v. Utah Plastic Surgery Society, et al., No. 13-4146, 10th Cir.; 2015 U.S. App. LEXIS 15345).

    Mealey's IP/Tech - Federal Circuit: Claim Construction In Patent Case Was Erroneous

    WASHINGTON, D.C. - A final judgment of noninfringement was reversed and remanded Aug. 27 by the Federal Circuit U.S. Court of Appeals because it rested upon an erroneous claim construction (Inline Plastics Corporation v. EasyPak LLC, No. 14-1305, Fed. Cir.; 2015 U.S. App. LEXIS 15117).

    Mealey's IP/Tech - Under Nautilus, Claims Are Indefinite, Federal Circuit Concludes

    WASHINGTON, D.C. - A Delaware federal judge's award of supplemental damages in a patent case was reversed by the Federal Circuit U.S. Court of Appeals on Aug. 28, in light of the "intervening change in the law of indefiniteness" resulting from Nautilus Inc. v. Biosig Instruments Inc. (134 S. Ct. 2120 [2014]) (Dow Chemical Company v. NOVA Chemicals Corp. et al., Nos. 14-1431, -1462, Fed. Cir.; 2015 U.S. App. LEXIS 15191).

    Mealey's IP/Tech - Indiana Federal Judge: Lilly Prevails On Indirect Patent Infringement Claim

    INDIANAPOLIS - Citing the U.S. Supreme Court's ruling on divided infringement in Limelight Networks Inc. v. Akamai Technologies Inc. (134 S. Ct. 2111 [2014]) and a recent en banc Federal Circuit U.S. Court of Appeals ruling in the same case, an Indiana federal judge on Aug. 25 found that abbreviated new drug applications (ANDAs) for generic Alimta would indirectly infringe an Eli Lilly and Co. patent (Eli Lilly and Company v. Teva Parenteral Medicines Inc. et al., No. 10-1376, S.D. Ind.; 2015 U.S. Dist. LEXIS 112221).

    Mealey's IP/Tech - Judge Finds 2 Features Of Media-Monitoring Service Infringing, Not Fair Use

    NEW YORK - A New York federal judge on Aug. 25 found that two disputed functions of a Web-based media-monitoring service did not constitute fair use and, therefore, posed copyright infringement risks to media outlets, granting in part a motion for summary judgment by Fox News Network LLC (Fox News Network LLC v. TVEyes Inc., No. 1:13-cv-05315, S.D. N.Y.; 2015 U.S. Dist. LEXIS 112836).

    Mealey's IP/Tech - 9th Circuit Vacates Injunction In Dispute Over 'Magnolia' Mark

    SAN FRANCISCO - A limited, permanent injunction barring a declaratory judgment trademark plaintiff from using the "Magnolia" trademark in connection with butter, margarine and cheese (BMC) products domestically was vacated Aug. 27 by the Ninth Circuit U.S. Court of Appeals (San Miguel Corporation et al. v. Ramar International, No. 13-55537, 9th Cir.; 2015 U.S. App. LEXIS 15145).

    Mealey's IP/Tech - Federal Judge Denies Fees In Longstanding Patent, Trademark Case

    NEW ORLEANS - U.S. Judge Nanette Jolivette Brown of the Eastern District of Louisiana on Aug. 26 denied a request for attorney fees by a counterclaimant who had largely prevailed on its allegations of trademark infringement but lost on appeal with regard to patent infringement (Southern Snow Manufacturing Co. Inc., et al. v. SnoWizard Inc., Nos. 06-9170, 09-3394, 10-791 and 11-1499, E.D. La.; 2015 U.S. Dist. LEXIS 113229).

    Mealey's IP/Tech - Nevada Federal Judge Denies Bifurcation Request In Copyright Case

    LAS VEGAS - A defendant's efforts to bifurcate an upcoming trial into separate issues of state law liability and copyright infringement damages were unsuccessful on Aug. 26, when a Nevada federal judge denied the request; in a related holding that day, the judge found that it is "necessary and appropriate" to give jurors an instruction "interpreting the various software license terms" at issue in the dispute (Oracle USA Inc. v. Rimini Street Inc., No. 10-106, D. Nev.).

    Mealey's IP/Tech - Kentucky Federal Judge Grants Leave To Amend Copyright Complaint

    LOUISVILLE, Ky. - Although a plaintiff failed to meet a court-imposed deadline for amending his copyright infringement allegations, a Kentucky federal judge on Aug. 25 found that "good cause" exists for allowing an amended complaint (Jeff Gray v. Edwin L. Javius, No. 13-905, W.D. Ky.; 2015 U.S. Dist. LEXIS 112066).

    Mealey's IP/Tech - Pennsylvania Federal Judge Won't Reconsider Dismissal Of Monopolization Claim

    PHILADELPHIA - Efforts by the Federal Trade Commission to persuade a Pennsylvania federal judge to reconsider his earlier dismissal of monopolization and unlawful restraint of trade claims in light of the recent Third Circuit U.S. Court of Appeals ruling in King Drug Co. of Florence Inc. v. SmithKline Beecham Corp. (791 F.3d 388 [3rd Cir. 2015]) failed Aug. 25 (Federal Trade Commission v. AbbVie Inc. et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 112135).

    Mealey's IP/Tech - Indiana Federal Judge Denies Dismissal In Generic Drug Dispute

    INDIANAPOLIS - Efforts by two patent defendants to obtain dismissal of the allegations were denied Aug. 24 by an Indiana federal judge (Eli Lilly and Company, et al. v. Nang Kuang Pharmaceutical Co. Ltd., et al., No. 14-1647, S.D. Ind.; 2015 U.S. Dist. LEXIS 111510).