Mealey's IP/Tech - Supreme Court Denies Certiorari In Google Street View Data Capture Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 denied without comment a petition for certiorari by Google Inc. that sought review of the Ninth Circuit U.S. Court of Appeals' finding that Google's capturing of personal data via Wi-Fi signal interception might run afoul of the federal Wiretap...

Mealey's IP/Tech - Federal Circuit Partly Affirms In Patent, Trademark Dispute

WASHINGTON, D.C. - Four consolidated cases presenting issues that are "numerous and diverse" - ranging from patent and trademark infringement to antitrust violations - yielded a mixed ruling from the Federal Circuit U.S. Court of Appeals on June 30 (Southern Snow Manufacturing Co. Inc. et al...

Mealey's IP/Tech - Privacy Class Claims Against Viacom, Google Dismissed In Nickelodeon Website Case

NEWARK, N.J. - The plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. related to collection of minors' information via Nickelodeon's websites was dismissed July 2, with a New Jersey federal judge finding claims brought under federal and state laws to be unsupported...

Mealey's IP/Tech - Federal Circuit: Mandate Forecloses Modification Of Patent Damages

WASHINGTON, D.C. - A Texas federal judge did not err in denying a motion to modify a damages award following a defendant's partly successful appeal of a patent infringement judgment, the Federal Circuit U.S. Court of Appeals ruled July 7 (Retractable Technologies Inc. v. Becton, Dickinson and Company...

Mealey's IP/Tech - Federal Circuit Affirms; Tariff Act Not Violated, Patents Not Implicated

WASHINGTON, D.C. - The International Trade Commission (ITC) properly found that Intel Corp. did not violate Section 1337 of the Tariff Act because its accused products are not covered by a plaintiff's patents, the Federal Circuit U.S. Court of Appeals held July 7 (X2Y Attenuators LLC v. International...

Mealey's IP/Tech - Contractor's Defamation Claim For Online Reviews May Proceed, Appeals Panel Rules

SAN FRANCISCO - A trial court correctly denied a defendant's motion to dismiss a defamation claim against her under California's anti-SLAPP (strategic lawsuit against public participation) statute, a California appeals panel ruled July 7, finding that a contractor was likely to succeed in his...

Mealey's IP/Tech - Federal Circuit Reverses Denial Of Motion To Stay Patent Litigation

WASHINGTON, D.C. - Myriad defendants were improperly denied a stay of patent infringement allegations levied against them pending post-grant review under the Transitional Program for Covered Business Method (CBM) Patents, a divided Federal Circuit U.S. Court of Appeals ruled July 10 (VirtualAgility Inc...

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Qui Tam Patent Complaint

WASHINGTON, D.C. - Allegations that Brooks Brothers Group Inc. falsely marked its bow ties with patent numbers that had expired more than a half-century ago were properly dismissed for lack of standing, the Federal Circuit U.S. Court of Appeals ruled July 10 (Raymond E. Stauffer v. Brooks Brothers Group...

Mealey's IP/Tech - Judge Won't Dismiss Hacking, Conspiracy Counts Against Online Black Market Creator

NEW YORK - Because a defendant intentionally designed and operated his "Silk Road" website "for the purpose of facilitating unlawful transactions," he can be found guilty of criminal conspiracy, a New York federal judge ruled July 9, denying the defendant's motion to dismiss a...

Mealey's IP/Tech - FTC Says Amazon Failed To Obtain Parental Consent For Kids 'In-App' Charges

SEATTLE - Online retailer Amazon.com Inc. engaged in "unfair or deceptive acts or practices" by permitting mobile device users, often children, to purchase items related to games and other applications (apps) without requiring the entry of an account password, the Federal Trade Commission ...

Mealey's IP/Tech - 10th Circuit Vacates Infringement Findings In Software Copyright Case

DENVER - An Oklahoma federal judge's judgment of infringement and corresponding order that all copies of an allegedly infringing software program be destroyed was erroneous because it relied on a "flawed" report by a special master, the 10th Circuit U.S. Court of Appeals ruled July 11 ...

Mealey's IP/Tech - Federal Circuit Affirms, With Modification, Invalidity Holding

WASHINGTON, D.C. - A Texas federal judge did not err in failing to consider a certificate of correction issued by the U.S. Patent and Trademark Office in a smartphone application patent dispute, the Federal Circuit U.S. Court of Appeals ruled July 11 (H-W Technology L.C. v. Overstock.com Inc., Nos. 14...

Mealey's IP/Tech - Despite New Consumer Law Ruling, Judge Dismisses Claim Against Restaurant.com

TRENTON, N.J. - Even though the New Jersey Supreme Court found that New Jersey's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) applies to intangible goods, such as gift certificates, a New Jersey federal judge on July 10 declined to apply the high court's ruling retroactively, leading...

Mealey's IP/Tech - Federal Circuit Affirms: Apple Not Liable For Patent Infringement

WASHINGTON, D.C. - A Delaware federal judge properly absolved Apple Inc. of allegations that the software giant infringed two patents pertaining to the random access channel (RACH) process in wireless communication via its iPhone and iPad products, the Federal Circuit U.S. Court of Appeals ruled July...

Mealey's IP/Tech - 9th Circuit Affirms Denial Of Injunction In Dish Copyright Case

SAN FRANCISCO - A California federal judge did not err in denying several broadcaster copyright plaintiffs a preliminary injunction that would have barred two new digital video recorder (DVR) services, the Ninth Circuit U.S. Court of Appeals ruled July 14 (Fox Broadcasting Co. et al. v. Dish Network...

Mealey's IP/Tech - Man Sentenced To 48 Months, Ordered To Pay $6.2M For Medicare Fraud

TAMPA, Fla. - A Florida man was sentenced to 48 months in jail and was ordered to pay $6.24 million in restitution after being found guilty for operating a $10.5 million Medicare fraud scheme involving occupational therapy services, according to a July 11 filing in Florida federal court (United States...

Mealey's IP/Tech - 9th Circuit Sides With Gallo In Dispute Over Tequila Bottle Trade Dress

SAN FRANCISCO - A California federal judge did not err in denying a motion to dismiss a declaratory judgment trade dress action because an actual controversy exists between the parties, the Ninth Circuit U.S. Court of Appeals ruled July 14 (E&J Gallo Winery v. Proximo Spirits Inc., No. 12-15905,...

Mealey's IP/Tech - Panel Vacates Damages, Affirms Judgment Over Ex-Employee's Online Remarks

SANTA ANA, Calif. - Although a California appeals panel on July 11 affirmed a trial court's grant of default judgment to a company in its libel lawsuit against a former employee, the panel found that the court's award of compensatory and punitive damages to the firm violated the defendant's...

Mealey's IP/Tech - U.S. Government Asks 3rd Circuit To Reverse Injunction In Data-Collection Case

WASHINGTON, D.C. - A federal judge erred in granting a preliminary injunction to the plaintiffs in putative class action lawsuits related to the surveillance activities of the National Security Agency (NSA), the federal government says in a July 14 brief to the Third Circuit U.S. Court of Appeals, citing...

Mealey's IP/Tech - 9th Circuit Again Finds Actress Has Protectable Interest In Film Performance

SEATTLE - Offering a slightly revised version of an opinion it originally issued in February, a Ninth Circuit U.S. Court of Appeals panel majority on July 11 again stated its position that an actress whose performance was unwittingly used in a controversial anti-Muslim film has a protectable, copyright...

Mealey's IP/Tech - Federal Circuit Vacates Judgment Anticipation Holding In Patent Case

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 15 vacated a New York federal judge's grant of judgment as a matter of law (JMOL) that a thermometric device was anticipated by a patent plaintiff's own prior art thermometer (Medisim Ltd. v. BestMed LLC, No. 13-1451, Fed. Cir...

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Trademark Case On Alternate Grounds

NEW YORK - Although a New York federal judge erroneously deemed a trademark and copyright plaintiff's complaint barred by the doctrine of res judicata, dismissal of the action was nonetheless warranted on grounds that the plaintiff failed to state a claim upon which relief could be granted, the Second...

Mealey's IP/Tech - Federal Circuit Says Trademark Board Erred, But Error Was Harmless

WASHINGTON, D.C. - Although the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) erroneously concluded that "Stonshield" would not be pronounced "Stone Shield," the error is harmless because dismissal of an opposition to the registration of the "Armorstone"...

Mealey's IP/Tech - Federal Circuit: ITC Review Of Order Not Procedurally Sound

WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology...

Mealey's IP/Tech - 3rd Circuit Agrees With Federal Circuit, Says Claims Not Preempted

PHILADELPHIA - An inventor's dispute with the H.J. Heinz Co. over a condiment container is not preempted by federal patent law, the Third Circuit U.S. Court of Appeals ruled July 21 (David Wawrzynski v. H.J. Heinz Company et al., No. 13-4100, 3rd Cir.).