LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Alaska Appeals Panel Affirms Sex Offender's Duty To Register All Email Addresses

    ANCHORAGE, Alaska - A jury correctly found that a convicted sex offender violated Alaska law by failing to register all of his email addresses in reports with the state's Department of Public Safety (DPS), an Alaska Court of Appeals found April 11, upholding a trial court's judgment (Kevin S. Patterson v. State of Alaska, No. A-11501, Alaska App.; 2014 Alas. App. LEXIS 46).

    Mealey's IP/Tech - 3rd Circuit Vacates Computer Fraud Judgment For Improper Venue

    PHILADELPHIA - An Arkansas man who was convicted of identity theft and violation of the Computer Fraud and Abuse Act (CFAA) saw his judgment overturned in the Third Circuit U.S. Court of Appeals on April 11, with a panel finding that New Jersey had been the improper venue for his trial (United States of America v. Andrew Auernheimer, No. 13-1816, 3rd Cir.; 2014 U.S. App. LEXIS 6671).

    Mealey's IP/Tech - Federal Circuit Vacates Willfulness Holding, Related Award

    WASHINGTON, D.C. - A Pennsylvania federal judge erroneously deemed a defendant's infringement of a radiation treatment beam patent willful, a divided Federal Circuit U.S. Court of Appeals panel ruled April 10 (University of Pittsburgh of the Commonwealth System of Higher Education v. Varian Medical Systems Inc., No. 12-1575, Fed. Cir.).

    Mealey's IP/Tech - Texas Appeals Panel Finds Web Host Immune From Claims Over 'Revenge Porn' Site

    BEAUMONT, Texas - Because a Web host was merely a provider of "interactive computer service[s]" and not responsible for the content on two accused "revenge porn" websites, a Texas appeals panel on April 10 deemed GoDaddy.com LLC immune from obscenity and emotional distress claims against it under the Communications Decency Act (CDA) (GoDaddy.com LLC v. Hollie Toups, et al., No. 09013099285-CV, Texas App., N.D.; 2014 Tex. App. LEXIS 3891).

    Mealey's IP/Tech - Lack Of Admissible Evidence Leads Judge To Deny Judgment In Cybersquatting Case

    LAS VEGAS - An attorney accusing a blogger of cybersquatting and cyberpiracy violations failed to submit admissible, authenticated evidence to support his claims, a Nevada federal judge found April 10, denying his motion for summary judgment (Marc J. Randazza, et al. v. Crystal Cox, No. 2:12-cv-02040, D. Nev.; 2014 U.S. Dist. LEXIS 49762).

    Mealey's IP/Tech - 3rd Circuit Affirms Dismissal Of Copyright, Fraudulent Inducement Case

    PHILADELPHIA - An author's allegations of copyright infringement and fraudulent inducement were properly dismissed as time-barred, the Third Circuit U.S. Court of Appeals ruled April 10 (Dolores Dawes v. Publish America LLLP, No. 13-3269, 3rd Cir.; 2014 U.S. App. LEXIS 6607).

    Mealey's IP/Tech - Illinois Federal Judge Denies NFL Summary Judgment In Exclusive Licensing Case

    CHICAGO - A federal judge in Illinois on April 7 denied cross-motions for summary judgment on American Needle Inc.'s antitrust claims related to conduct by the National Football League, its 32 teams and the clubs' wholly owned licensing company in granting an exclusive license to Reebok International Ltd. to use the NFL's and teams' trademarks on apparel (American Needle, Inc. v. New Orleans Louisiana Saints, et al., No. 04-cv-7806, N.D. Ill.; 2014 U.S. Dist. LEXIS 47527).

    Mealey's IP/Tech - 5th Circuit: Trademark Claims Not Time-Barred

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 8 reversed a Louisiana federal judge's determination that Brand Coupon Network LLC's allegations of trademark infringement and deceptive trade practices are untimely (Brand Coupon Network LLC v. Catalina Marketing Corp., et al., No. 13-30756, 5th Cir.).

    Mealey's IP/Tech - Federal Circuit Vacates Denial Of Injunction In Patent Case

    WASHINGTON, D.C. - A Montana federal judge abused his discretion in denying a request for preliminary injunctive relief in a dispute over a sod harvester patent, the Federal Circuit U.S. Court of Appeals ruled April 9 (Trebro Manufacturing Inc. v. FireFly Equipment LLC and Steven R. Aposhian, No. 13-1437, Fed. Cir.).

    Mealey's IP/Tech - 5th Circuit: Newspaper Must Identify Online Commenters In Corruption Lawsuit

    NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 8 denied a newspaper's petition for a writ of mandamus, finding no error in a lower court's order that the newspaper turn over identifying information about the authors of certain anonymous online comments pertaining to a federal corruption trial and investigation for in camera review (In re: Times Picayune LLC, No. 14-30298, 5th Cir.; 2014 U.S. App. LEXIS 6553).

    Mealey's IP/Tech - Guccione Collection Reaches Deal With 'Penthouse' Entity Dismissing Claims

    WILMINGTON, Del. - The Guccione Collection (TGC) LLC and Friend Finder Networks (FFN) Inc. on April 8 agreed to dismiss the adversary proceeding filed by TGC in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for adult entertainment empire carrying the name "Penthouse," in which TGC had sought declaratory relief and unspecified damages related to intellectual property. The one-paragraph stipulation filed in the U.S. Bankruptcy Court for the District of Delaware provided no information on the agreement the parties reached (The Guccione Collection LLC v. Friend Finder Networks Inc. [In Re: PMGI Holdings Inc.], No. 13-12404, Chapter 11, D. Del. Bkcy.).

    Mealey's IP/Tech - Bitcoin Investors Want Assets Frozen, Discovery Expedited

    CHICAGO - The putative class of investors who sued bankrupt bitcoin exchange operator MtGox Inc. alleging civil conspiracy on April 8 moved in the U.S. District Court for the Northern District of Illinois seeking a preliminary injunction freezing the company's assets in the United States, granting class certification and allowing expedited discovery (Gregory Greene v. MtGox, et al., No. 14-01437, N.D. Ill.).

    Mealey's IP/Tech - Shareholder Says Directors And Officers Violated Patents

    SAN JOSE, Calif. - A purported shareholder told a federal court in California on April 7 that certain directors and officers of an electronics company breached their fiduciary duties by willfully infringing on certain patents (Lee Voss v. Sehat Sutardja, et al., No. 14-cv-01581, N.D. Calif.).

    Mealey's IP/Tech - Delaware Federal Judge Says Patent Plaintiff Shows Chain Of Title

    WILMINGTON, Del. - Several defendants were denied dismissal of patent infringement allegations in Delaware federal court on April 8, when a federal judge found that the plaintiff in the case had demonstrated chain of title to the technology at issue (Data Speed Technology LLC v. EMC Corp. et al., No. 13-616, D. Del.).

    Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding

    WASHINGTON, D.C. - Although an Illinois federal judge properly determined that the Chicago Board Options Exchange Inc. (CBOE) did not infringe a financial trading patent, she erred in deeming one of the patent's claims indefinite, the Federal Circuit U.S. Court of Appeals ruled April 7 (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 13-1326, Fed. Cir.).

    Mealey's IP/Tech - Class: Alternate Service Needed For Bitcoin CEO; 'New Facts' Being Discovered

    CHICAGO - The investors who filed a putative class action against bankrupt Bitcoin exchange operator MtGox Co. Ltd. on April 7 moved in the U.S. District Court for the Northern District of Illinois for approval to use alternate means to serve notice on the company's CEO Mark Karpeles on grounds that they have attempted service through various means to no avail, and on grounds that federal courts "routinely" permit alternate service when dealing with foreign defendants (Gregory Greene, et al. v. MtGox Inc., No. 14-01437, N.D. Ill.).

    Mealey's IP/Tech - Federal Circuit Affirms: Amazon.com Does Not Infringe Patents

    WASHINGTON, D.C. - A Delaware federal judge properly construed certain claim terms in a dispute over two on demand entertainment viewing patents, the Federal Circuit U.S. Court of Appeals ruled April 8 (United Video Properties Inc., et al. v. Amazon.com Inc., et al., No. 13-1396, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Won't Review Ruling On Expert In Patent Case

    WASHINGTON, D.C. - A Virginia federal judge's determination that a patent plaintiff's expert opinion is unreliable and inadmissible will stand, the Federal Circuit U.S. Court of Appeals ruled April 7 (Rembrandt Social Media v. Facebook Inc., No. 14-111, Fed. Cir.).

    Mealey's IP/Tech - 2nd Circuit Affirms Denial Of New Trial In Copyright Case

    NEW YORK - A New York federal judge did not err in upholding a jury award of more than $100,000 in statutory damages for the infringement of three copyrighted images or in denying a defendant's motion for a new trial, the Second Circuit U.S. Court of Appeals ruled April 4 (Louis Psihoyos v. John Wiley & Sons Inc., Nos. 12-4874, 12-5069, 2nd Cir.).

    Mealey's IP/Tech - 7th Circuit Finds 'Android' Mark Abandoned, Affirms Judgment To Google

    CHICAGO - Deeming that the "Android Data" trademark had been abandoned by a dot-com company more than a decade earlier, a Seventh Circuit U.S. Court of Appeals panel on April 4 affirmed a lower court's decision to dismiss trademark infringement claims against Google Inc. related to its "Android" operating system and related products (Erich Specht, et al. v .Google Inc., No. 11-3317, 7th Cir.; 2014 U.S. App. LEXIS 6318).

    Mealey's IP/Tech - Federal Circuit Grants Mandamus, Vacates Denial Of Transfer

    WASHINGTON, D.C. - A Texas federal court abused its discretion in denying a motion to transfer a patent dispute to Michigan federal court, the Federal Circuit U.S. Court of Appeals ruled April 3 (In re: Toyota Motor Corporation et al., No. 14-113, Fed. Cir.).

    Mealey's IP/Tech - Bankruptcy Judge: Bitcoin CEO Must Come To The United States To Be Deposed

    DALLAS - The federal bankruptcy judge presiding over the Chapter 11 case of bitcoin exchange operator MtGox Co. Ltd. on April 3 ordered the company's CEO to fly to the United States from Japan to be deposed, a source told the LexisNexis Bankruptcy Report (In Re: MtGox Co. Ltd., No. 14-31229, Chapter 15, N.D. Texas Bkcy.).

    Mealey's IP/Tech - Florida Federal Judge Grants Injunction In Trademark Case

    FORT MYERS, Fla. - The operators of www.frathouseclothing.com were slapped with a preliminary injunction on April 1 by a Florida federal judge in response to trademark infringement allegations by a sorority (Delta Sigma Theta Sorority Inc. v. Letisha B. Bivens et al., No. 14-147, M.D. Fla.).

    Mealey's IP/Tech - Federal Circuit Affirms Claim Construction In VoIP Patent Case

    WASHINGTON, D.C. - Finding no error in a Texas federal judge's construction of two disputed terms in a patent covering collect calls via Voice over Internet Protocol (VoIP) technology, the Federal Circuit U.S. Court of Appeals on April 2 affirmed a summary judgment of noninfringement (HowLink Global LLC v. Network Communications International Corp., No. 13-1181, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms: Dog Jersey Design Patent Is Invalid

    WASHINGTON, D.C. - An Ohio federal judge did not err in deeming two design patents for a sports jersey for dogs invalid, the Federal Circuit U.S. Court of Appeals said April 2 (MRC Innovations Inc. v. Hunter Manufacturing LLP, et al., No. 13-1433, Fed. Cir.).