Mealey's IP/Tech - New York Federal Judge: No Standing Exists In Trademark Case

NEW YORK - In what she deemed a case of first impression, a New York federal judge on Nov. 24 found that two plaintiffs lack standing pursuant to Federal Rules of Civil Procedure (FRCP) 12(b)(1) and 12(h)(3) to bring claims of trademark infringement (Federal Treasury Enterprise Sojuzplodoimport, et al...

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction In Java Accelerator Patent Dispute

WASHINGTON, D.C. - A California federal judge did not err in construing various disputed claims of three patents relating to a Java accelerator, the Federal Circuit U.S. Court of Appeals ruled Nov. 26 (Nazomi Communications Inc. v. Microsoft Mobile Oy, et al., Nos. 14-1173, -1178, Fed. Cir.; 2014 U.S...

Mealey's IP/Tech - High Court Considers Whether Conviction For Threats Requires An Intent Showing

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 1 heard oral arguments over whether a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker (Anthony Douglas Elonis v. United States of America, No. 13-983, U.S. Sup.).

Mealey's IP/Tech - Supreme Court Hears Arguments In Dispute Over Effect Of TTAB Rulings

WASHINGTON, D.C. - The preclusive effect of findings by the Trademark Trial and Appeal Board that confusion between two trademarks is likely was debated Dec. 2 before the U.S. Supreme Court (B&B Hardware Inc. v. Hargis Industries Inc., No. 13-352, U.S. Sup.).

Mealey's IP/Tech - Supreme Court Hears Oral Arguments In Trademark Tacking Case

WASHINGTON, D.C. - A jury is best suited to determine when use of an older trademark may be "tacked" to a newer trademark, an attorney for a Korea-based bank told the U.S. Supreme Court Dec. 3 (Hana Financial Inc. v. Hana Bank and Hana Financial Group, No. 13-1211, U.S. Sup.).

Mealey's IP/Tech - Federal Circuit Vacates $176 Million Award In Patent Litigation

WASHINGTON, D.C. - Although a Connecticut federal judge properly deemed 26 asserted claims of three patents anticipated under 35 U.S. Code Section 102(g), she erred in determining that the same three patents were not obvious under Section 103, the Federal Circuit U.S. Court of Appeals ruled Dec. 4 (Tyco...

Mealey's IP/Tech - Supreme Court Won't Review Patent Standing, Validity Holdings

WASHINGTON, D.C. - In its Dec. 8 orders list, the U.S. Supreme Court announced that an April ruling by the Federal Circuit U.S. Court of that a patent covering the hypertension drug Tarka is not invalid will stand (Glenmark Pharmaceuticals Inc. USA et al. v. Sanofi-Aventis Deutschland GmbH et al., No...

Mealey's IP/Tech - Federal Circuit Affirms Summary Judgment In Patent Litigation

WASHINGTON, D.C. - An Illinois federal judge did not err in granting patent defendants Motorola Solutions Inc. and Motorola Mobility Inc. (Motorola, collectively) summary judgment of noninfringement, the Federal Circuit U.S. Court of Appeals ruled Dec. 5 (Memorylink Corp. v. Motorola Solutions Inc.,...

Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Reverses In Patent Litigation

WASHINGTON, D.C. - A New York federal judge's final judgment, following a jury verdict, that Nintendo Co. Ltd. infringed a valid patent was partly affirmed Dec. 8 by the Federal Circuit U.S. Court of Appeals (Tomita Technologies USA LLC, et al. v. Nintendo Co. Ltd., No. 14-1244, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Agrees: Controversy Lacking In Patent Lawsuit

WASHINGTON, D.C. - A California federal judge properly dismissed a declaratory judgment patent action on grounds that no controversy yet exists between the parties under Article III of the U.S. Constitution, the Federal Circuit U.S. Court of Appeals ruled Dec. 5 (Sandoz Inc. v. Amgen Inc., No. 14-1693...

Mealey's IP/Tech - High Court Considers Whether Colorado Tax Law Applies To Out-Of-State Purchases

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 8 heard arguments from a nonprofit retailer association and the Colorado state government over the legislative intent behind a Colorado law requiring out-of-state retailers to collect and provide information regarding state residents' purchase of...

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Trademark Application Opposition

WASHINGTON, D.C. - Efforts by Franciscan Vineyards Inc. to block Domaines Pinnacle Inc. from registering the "Domaine Pinnacle" trademark were properly rejected by the Trademark Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals concluded Dec. 9 (In re: Franciscan Vineyards Inc...

Mealey's IP/Tech - Apple Seeks Judgment As A Matter Of Law In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - At the close of the named plaintiffs' case in an antitrust class action trial related to its iPod and iTunes products, Apple Inc. on Dec. 10 filed a motion for judgment as a matter of law (JMOL), arguing that allowing the unsupported claims to proceed to a jury runs counter to existing...

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 - 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 - 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 - 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 - 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 - 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 - 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).