LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Partly Affirms, Party Reverses Patent Royalty Damages

WASHINGTON, D.C. - A portion of a New York federal judge's $76 million award was reversed and remanded for recalculation on April 7 by the Federal Circuit U.S. Court of Appeals (Astrazeneca AB v. Apotex Corp., No. 14-1221, Fed. Cir.).

Mealey's IP/Tech - AT&T Pays FCC $25 Million To Settle Privacy Violations At Offshore Call Centers

WASHINGTON, D.C. - In what it said was its "largest privacy and data security enforcement action to date," the Federal Communications Commission on April 8 announced a $25 million settlement with AT&T Services Inc. related to data breaches that occurred in three of the telecommunication...

Mealey's IP/Tech - Federal Circuit Affirms: Patents Not Proven Invalid As Obvious

WASHINGTON, D.C. - A New Jersey federal judge properly rejected claims that a patented method of treating eye infections by the topical administration of azithromycin would have been obvious to one of ordinary skill in the art, the Federal Circuit U.S. Court of Appeals ruled April 9 (Insite Vision Inc...

Mealey's IP/Tech - Federal Circuit: Refusal To Terminate Proceedings Not 'Final Agency Action'

WASHINGTON, D.C. - A refusal by the U.S. Patent and Trademark Office to cancel inter partes re-examination proceedings in light of a consent judgment that extinguished patent infringement litigation is not an appealable "final agency action" under the Administrative Procedure Act (APA), the...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Denial Of Fees In Patent Dispute

WASHINGTON, D.C. - A California federal judge erroneously denied Vizio Inc. an award of attorney and expert witness fees under 35 U.S. Code Section 285 and 28 U.S. Code Section 1927, the Federal Circuit U.S. Court of Appeals ruled April 10 (Oplus Technology Ltd. v. Vizio Inc., No. 14-1297, Fed. Cir.;...

Mealey's IP/Tech - Federal Circuit Affirms: Patent Claims Are Invalid As Obvious, Anticipated

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in deeming certain claims of an auto-lock brake patent invalid as obvious or anticipated, the Federal Circuit U.S. Court of Appeals ruled April 13 (In re: 55 Brake LLC, No. 14-1554, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Grants Sua Sponte, En Banc Rehearing In Patent Case

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 14 announced that it will rehear en banc a dispute over the validity of a program for restricted sales of patented printer cartridges (Lexmark International Inc. v. Impression Products Inc., Nos. 14-1617, -1619, Fed. Cir.; 2015 U.S...

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

WASHINGTON, D.C. - A Texas federal judge properly deemed a patented polyethylene-based composition for the use of forming shaped products anticipated, the Federal Circuit U.S. Court of Appeals ruled April 16 (Ineos USA LLC v. Berry Plastic Corporation, No. 14-1540, Fed. Cir.).

Mealey's IP/Tech - Supreme Court Grants Certiorari, Remands In Patent Dispute

WASHINGTON, D.C. - A petition for certiorari in a case that questioned the Federal Circuit U.S. Court of Appeals' standard for review of district court claim construction findings was granted April 20 by the U.S. Supreme Court, for the limited purpose of vacating and remanding in light of Teva Pharmaceuticals...

Mealey's IP/Tech - Federal Circuit Affirms Rejection Of Trademark Application For 'Nopalea'

WASHINGTON, D.C. - A trademark examiner and the Trademark Trial and Appeal Board properly rejected an application for "Nopalea" for nutritional supplements containing nopal juice on grounds that the mark is descriptive, the Federal Circuit U.S. Court of Appeals ruled April 17 (In re: TriVita...

Mealey's IP/Tech - 7th Circuit: No Trademark Infringement By Soft Drink Maker

CHICAGO - The Coca-Cola Co. properly won summary judgment on allegations that it infringed the "Naturally Zero" trademark when using "Zero" in connection with various diet soft drinks, the Seventh Circuit U.S. Court of Appeals ruled April 16 (Mirza N. Baig v. The Coca-Cola Co., No...

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Case On Standing Grounds

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals ruled April 20 that "it is simply too late" for a patent plaintiff to appeal the question of whether a Florida federal judge should have interpreted a license agreement under Quebec law (Sweepstakes Patent Company LLC v. Chase Burns...

Mealey's IP/Tech - More Telecoms Seek Review Of FCC's Net Neutrality Order In D.C. Circuit

WASHINGTON, D.C. - With the filing of a petition in the District of Columbia Circuit U.S. Court of Appeals on April 17, Louisiana-based CenturyLink Inc. became the latest telecommunications provider (telecom) to seek review of the Federal Communications Commission's recently released report and order...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Trademark Registration

WASHINGTON, D.C. - A panel of the Federal Circuit U.S. Court of Appeals on April 20 found that the Trademark Trial and Appeal Board properly refused an Asian-American dance rock band's attempt to register "The Slants" (In re: Simon Shiao Tam, No. 14-1203, Fed. Cir.).

Mealey's IP/Tech - Target Files Notice Of Consumer Class Settlement In Data Breach Suit

MINNEAPOLIS - A month after a settlement agreement between Target Corp. and a consumer class in a lawsuit over a 2013 data breach was preliminarily approved by a federal judge, the retailer on April 22 filed notice of the proposed settlement with an estimated 60 million customers in Minnesota federal...

Mealey's IP/Tech - 4th Circuit Sides With Trademark Office In Attorney Fee Dispute

RICHMOND, Va. - The imposition of all expenses on a plaintiff in an ex parte trademark proceeding, regardless of whether that plaintiff prevails, "does not constitute fee-shifting that implicates the American Rule," a divided Fourth Circuit U.S. Court of Appeals ruled April 23 (Milo Shammas...

Mealey's IP/Tech - High Court Grants Certiorari To Data Aggregator In Fair Credit Reporting Act Case

WASHINGTON, D.C. - The U.S. Supreme Court on April 27 granted certiorari to an online data aggregation service in a case pertaining to whether the lead plaintiff in a putative action brought under the Fair Credit Reporting Act (FCRA) needs to establish an injury in fact to have standing to sue under...

Mealey's IP/Tech - Federal Circuit Again Says Heart Rate Monitor Patent Not Indefinite

WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on April 27 maintained its previous holding that a heart rate monitor patent is not indefinite (Biosig Instruments Inc. v. Nautilus Inc., No. 12-1289, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Grants En Banc Rehearing In Disparaging Mark Case

WASHINGTON, D.C. - One week after affirming the denial of a trademark registration of "The Slants" on disparagement grounds, the Federal Circuit U.S. Court of Appeals on April 27, acting sua sponte, granted en banc rehearing (In re: Simon Shiao Tam, No. 14-1203, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Reverses, Remands Patent Noninfringement Holding

WASHINGTON, D.C. - An Ohio federal judge's construction of "when a caller is placed on hold" was not improper, a panel of the Federal Circuit U.S. Court of Appeals ruled April 24 (Info-Hold Inc. v. Muzak LLC, No. 14-1167, Fed. Cir.).

Mealey's IP/Tech - 6th Circuit Reverses, Remands Res Judicata Ruling In Trademark Case

CINCINNATI - An Ohio federal judge's summary judgment dismissal of trademark infringement claims on res judicata grounds was vacated and remanded April 24 by the Sixth Circuit U.S. Court of Appeals (A Metal Source LLC v. All Metal Sales Inc., et al., No. 14-3951, 6th Cir.; 2015 U.S. App. LEXIS 6836...

Mealey's IP/Tech - 3rd Circuit Affirms Dismissal Of Copyright Claims Over Medical Data

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 27 rejected a plaintiff's claim that "substantial justice" requires that the "registration requirement" for filing a copyright infringement action be overlooked (Gregory Markantone DPM v. Podiatric Billing Specialists...

Mealey's IP/Tech - Federal Circuit Reverses Enhanced Damages, Fee Award In Patent Case

WASHINGTON, D.C. - A Louisiana federal judge's decision to treble a jury's damage award in a patent case was vacated April 29 by the Federal Circuit U.S. Court of Appeals in light of the panel's rejection of the jury's determination of willful infringement (Innovention Toys LLC v. MGA...

Mealey's IP/Tech - 11th Circuit Reverses Copyright Invalidity Holding

ATLANTA - A Georgia federal judge erroneously invalidated a copyright on a 2-D laminate flooring design, the 11th Circuit U.S. Court of Appeals ruled April 29 (Home Legend LLC v. Mannington Mills Inc., No. 14-13440, 11th Cir.; 2015 U.S. App. LEXIS 7075).

Mealey's IP/Tech - 3rd Circuit: Consumer Law Ruling Applies Retroactively In Restaurant.com Case

PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule...