LexisNexis® Legal Newsroom
Mealey's IP/Tech - 11th Circuit: Contributory False Advertising Cognizable Under The Lanham Act

ATLANTA - A Florida federal judge did not err in dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that The Estee Lauder Cos. Inc. violated the Sherman Act, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (Duty Free Americas Inc. v. The Estee Lauder Companies Inc., No...

Mealey's IP/Tech - D.C. Circuit Turns Back Challenge To Makeup Of Copyright Royalty Board

WASHINGTON, D.C. - Minimum royalty rates of $500 for commercial and noncommercial webcasting set by the Copyright Royalty Board will stand, the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 11, rejecting challenges to the merits of the determination, as well as the makeup of the board...

Mealey's IP/Tech - 3rd Circuit Affirms Summary Judgment In Trademark, Contract Case

PHILADELPHIA - A Delaware federal judge did not err in rejecting on summary judgment a complaint that sought a declaration of trademark rights, the Third Circuit U.S. Court of Appeals ruled Aug. 11 (Benihana of Tokyo Inc. v. Benihana Inc., No. 14-3683, 3rd Cir.; 2015 U.S. App. LEXIS 14028).

Mealey's IP/Tech - Federal Circuit Vacates, Remands Rejection Of Patent Claims

WASHINGTON, D.C. - A decision by the Board of Patent Appeals and Interferences, which affirmed an examiner's rejection of four claims of an electromagnetic interference reduction patent, was erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 12 (Power Integrations Inc. v. Michelle K...

Mealey's IP/Tech - Federal Circuit Reverses, Remands Preliminary Injunction In Patent Case

WASHINGTON, D.C. - A North Carolina federal judge's decision to preliminarily enjoin LG Chem America Inc. from making or selling allegedly infringing battery separator products was reversed and remanded Aug. 12 by the Federal Circuit U.S. Court of Appeals (Celgard LLC v. LG Chem America Inc., No...

Mealey's IP/Tech - En Banc Federal Circuit Sets Forth Divided Infringement Criteria

WASHINGTON, D.C. - On remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Aug. 13 reinstated a verdict of patent infringement after finding that the jury heard "substantial evidence from which it could find that" defendant Limelight Networks Inc. "directs or...

Mealey's IP/Tech - Federal Circuit Affirms Refusal To Register Mark

WASHINGTON, D.C. - Substantial evidence supports findings by the Trademark Trial and Appeal Board that the term "Fish Fry Products" has not acquired distinctiveness for trademark applicant Louisiana Fish Fry Products Ltd., the Federal Circuit U.S. Court of Appeals ruled Aug. 14 (In re: Louisiana...

Mealey's IP/Tech - Denial Of Motion To Amend Patent Claims Reversed, Remanded By Federal Circuit

WASHINGTON, D.C. - Although affirming Aug. 13 that a Texas federal judge properly determined that a patent infringement plaintiff had standing, the Federal Circuit U.S. Court of Appeals found that it remains unclear whether the judge abused his discretion in denying the same plaintiff leave to amend...

Mealey's IP/Tech - Federal Circuit Affirms Summary Judgment Of Noninfringement

WASHINGTON, D.C. - A California federal judge did not err in rejecting a theory of patent infringement advanced by JVC Kenwood Corp. (JVC), whereby a defendant's sale of software to end users of DVD and Blu-ray discs that allegedly infringed various patents rendered the defendant liable for contributory...

Mealey's IP/Tech - Federal Circuit Dismisses Cross-Appeal Of Patent Claim Construction

WASHINGTON, D.C. - Efforts by a patent owner to overturn a Delaware federal judge's construction of a disputed claim term in two search results patents were unsuccessful Aug. 18, when the Federal Circuit U.S. Court of Appeals dismissed the appeal on grounds that it lacks jurisdiction (Personalized...

Mealey's IP/Tech - Laptop Evidence Suppression Leads To Dismissal Of Claims Against Korean Man

WASHINGTON, D.C. - Following a ruling that the U.S. Department of Homeland Security (DHS) improperly obtained evidence from a Korean businessman's laptop without a search warrant, a District of Columbia federal judge on Aug. 18 granted the government's motion to dismiss its indictment against...

Mealey's IP/Tech - Divided 6th Circuit Reverses In Cheerleading Uniform Copyright Case

CINCINNATI - Applying a "hybrid approach" to the question of conceptual separability, the Sixth Circuit U.S. Court of Appeals on Aug. 19 reversed a Tennessee federal judge's grant of summary judgment on behalf of a copyright infringement defendant (Varsity Brands Inc., et al. v. Star Athletica...

Mealey's IP/Tech - Likelihood-Of-Confusion Analysis Was Improper, Federal Circuit Says

WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed "nonhuman paw print" mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack...

Mealey's IP/Tech - 1st Circuit Affirms Dismissal Of Lanham Act, Copyright Claims

BOSTON - A Puerto Rico federal magistrate judge did not err in dismissing allegations of fraud on the U.S. Patent and Trademark Office (PTO) and copyright infringement levied in connection with the "Pechu Sandwich," the First Circuit U.S. Court of Appeals ruled Aug. 21 (Norberto Colon Lorenzana...

Mealey's IP/Tech - 5th Circuit Affirms: No Nationwide Rights For 'Test Masters' Mark

NEW ORLEANS - A Texas federal judge's decision to deny both a plaintiff and a defendant national rights to the "Test Masters" trademark was not erroneous, the Fifth Circuit U.S. Court of Appeals ruled Aug. 21 (Test Masters Educational Services Inc. v. Robin Singh Educational Services Inc...

Mealey's IP/Tech - Federal Circuit Affirms: Progressive Insurance Patents Are Invalid

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in deeming many claims of various patents belonging to appellant Progressive Casualty Insurance Co. invalid over prior art, following a covered business method (CBM) patent review brought pursuant to the Leahy-Smith America Invents Act...

Mealey's IP/Tech - 2nd Circuit Affirms Bench Trial Outcome In Trademark Infringement Case

NEW YORK - Assertions by a trademark infringement defendant that a New York federal judge improperly found a likelihood of confusion merit "little discussion," the Second Circuit U.S. Court of Appeals ruled Aug. 24 (BPP Wealth Inc., et al. v. Weiser Capital Management LLC, et al., Nos. 14-1848...

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...

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...

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 - 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 - 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....

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...

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...

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...