LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Finds No Error In Denial Of Fees In Patent Case

WASHINGTON, D.C. - A Texas federal judge properly found that a patent infringement plaintiff's litigating position "did not stand out," the Federal Circuit U.S. Court of Appeals affirmed July 10 (SFA Systems Inc. v. Newegg Inc., No. 14-1712, Fed. Cir.; 2015 U.S. App. LEXIS 11892).

Mealey's IP/Tech - Federal Circuit Affirms Decision Barring Judicial Review Under Section 324(e)

WASHINGTON, D.C. - In a "companion" case to Versata Development Group Inc. v. SAP America Inc. (No. 14-1194; Versata I), issued July 9, the Federal Circuit U.S. Court of Appeals on July 13 ruled that a Virginia federal judge properly dismissed a lawsuit seeking to set aside a decision by the...

Mealey's IP/Tech - 6th Circuit Partly Affirms, Partly Reverses In Trademark Case

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 13 ordered cancellation of a "BMF Wheels" trademark and a modified injunction (CFE Racing Products Inc. v. BMF Wheels Inc. and Brock Weld, Nos. 14-1357 and 14-1608, 6th Cir.; 2015 U.S. App. LEXIS 12016).

Mealey's IP/Tech - 9th Circuit Transfers Patent, Lanham Act Dispute To Federal Circuit

SAN FRANCISCO - Because a dispute over a patented dispensing system "unmistakably" arises under the patent laws, the Ninth Circuit U.S. Court of Appeals on July 13 ordered transfer of the case to the Federal Circuit U.S. Court of Appeals (Amity Rubberized Pen Company v. Market Quest Group Inc...

Mealey's IP/Tech - 8th Circuit Mostly Affirms Judgment Against Firefighter Terminated Over Emails

ST. LOUIS - Affirming a lower court's findings related to qualified immunity and unauthorized access of emails, an Eighth Circuit U.S. Court of Appeals panel on July 10 mostly upheld a trial court's judgment against a firefighter who was fired for sending two emails that were deemed "inflammatory"...

Mealey's IP/Tech - Rule 11 Sanction In Former Patent Case Reversed By 10th Circuit

DENVER - Exercising jurisdiction under 28 U.S. Code Section 1291, the 10th Circuit U.S. Court of Appeals on July 14 reversed and remanded a decision by a Colorado federal judge to sanction an attorney for filing a motion to supplement and amend what was at one time a patent infringement complaint (Predator...

Mealey's IP/Tech - Judge Dismisses Android Privacy Class Claims For 4th And Final Time

SAN JOSE, Calif. - After giving a putative class of Android smartphone users three opportunities to amend their complaint to allege privacy claims against Google Inc., a California federal judge on July 15 granted Google's fourth motion to dismiss, this time without leave to amend (In re Google,...

Mealey's IP/Tech - 1st Circuit Affirms In Copyright, Trademark Dispute

BOSTON - Although largely agreeing with a Massachusetts federal judge's "capable handling" of a "complex case," the First Circuit U.S. Court of Appeals on July 16 nonetheless found that the district court erred in concluding that a copyrighted work cannot be both joint and derivative...

Mealey's IP/Tech - 3rd Circuit Vacates, Remands Denial Of Trademark Relief

PHILADELPHIA - A Delaware federal judge's denial of a preliminary injunction in a trademark infringement case rested on an "overly narrow interpretation of the kind of confusion that is actionable under the Lanham Act," the Third Circuit U.S. Court of Appeals ruled July 16 (Arrowpoint Capital...

Mealey's IP/Tech - 1st Circuit Partly Affirms, Partly Reverses In Lanham Act Case

BOSTON - A Massachusetts federal judge's injunction was partly reversed July 16 by the First Circuit U.S. Court of Appeals, on grounds that it mandates attribution of certain trademarks despite finding that a plaintiff was unlikely to succeed on the merits of a false advertising claim (Arborjet Inc...

Mealey's IP/Tech - 11th Circuit Affirms Post-Judgment Orders In Trademark Case

ATLANTA - A Florida federal judge's adoption of a Florida federal magistrate judge's recommendation that a plaintiff be awarded $600,000 in liquidated damages, as well as attorney fees, as a sanction for a defendant's "egregious" disregard of a final consent order was affirmed July...

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

WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office (PTO)'s Trademark Trial and Appeal Board to refuse a trademark registration for "Peace Love and Juice" was remanded by the Federal Circuit U.S. Court of Appeals on July 20 (Juice Generation Inc. v. GS Enterprises LLC...

Mealey's IP/Tech - Divided Federal Circuit: No Commercial Marketing Of Biologic Without FDA License

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 21 affirmed dismissal of California state law unfair competition and conversion claims, but vacated a California federal judge's interpretation of the Biologics Price Competition and Innovation Act (BPCIA) as...

Mealey's IP/Tech - Judge Strikes Claims In Lidoderm Pay-For-Delay Case Filed By Retailers

SAN FRANCISCO - Retail establishments do not have standing to bring claims on their own behalf as indirect purchasers and have not adequately pleaded that they are entitled to injunctive relief in a pay-for-delay case, a California federal judge ruled July 17, while permitting the grocery stores an opportunity...

Mealey's IP/Tech - Federal Circuit Vacates Dismissal Of Cross-Appeal Of Re-Examination

WASHINGTON, D.C. - The U.S. Patent and Trademark Office's (PTO) Patent Trial and Appeal Board erred in dismissing a cross-appeal, on jurisdiction grounds, of an inter partes re-examination decision, the Federal Circuit U.S. Court of Appeals ruled July 17 (Airbus S.A.S. v. Firepass Corporation, No...

Mealey's IP/Tech - Federal Circuit Affirms: DNA Sequencing Patents Are Anticipated, Obvious

WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) did not err in invalidating three patents relating to deoxyribonucleic acid (DNA) sequencing, the Federal Circuit U.S. Court of Appeals concluded July 17 (Trustees of Columbia University in the City of New York v. Illumina Inc., No. 14-1550...

Mealey's IP/Tech - Federal Circuit Grants Mandamus Petition In Underlying Patent Case

WASHINGTON, D.C. - Two petitioners won mandamus on July 22 from a New Jersey federal judge's modified protective order that would allow courts in Korea and Japan access to proprietary information gleaned from an American patent infringement lawsuit, in what the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - 9th Circuit Partly Affirms, Reverses In Copyright, Trademark Case

SAN FRANCISCO - An Arizona federal judge "clearly erred" by issuing a final judgment in a copyright and trademark infringement action that failed to address the issue of copyright damages, the Ninth Circuit U.S. Court of Appeals ruled July 23 (Scott Bizar v. Jeffrey Dee and Jack Herman, Nos...

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Copyright Claim On Different Grounds

NEW YORK - A New York federal judge's decision to dismiss copyright infringement allegations surrounding a software license agreement (SLA) and master services agreement (MSA) was affirmed July 27 by the Second Circuit U.S. Court of Appeals, albeit on different grounds (The AStar Group Inc. v. Manitoba...

Mealey's IP/Tech - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon...

Mealey's IP/Tech - Federal Circuit Reverses, Remands Judgment Of Patent Invalidity

WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant judgment as a matter of law that various claims of three patents are invalid as obvious was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 28 (Circuit Check Inc. v. QXQ Inc., No. 15-1155, Fed. Cir.).

Mealey's IP/Tech - Judge Finds Internet Rebroadcaster May Be Entitled To Compulsory License

LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second...

Mealey's IP/Tech - Federal Circuit: No Error In Dismissal Of Patent Case On Jurisdiction Grounds

WASHINGTON, D.C. - A California federal judge did not err in finding that a cease-and-desist letter that demands an end to purported patent infringement is insufficient to confer general personal jurisdiction over the sender, the Federal Circuit U.S. Court of Appeals ruled July 28 (Petzilla Inc. v. Anser...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Stay For Apple, Reverses For Samsung

WASHINGTON, D.C. - A Texas federal judge's order denying motions by various defendants to stay patent infringement litigation pending the outcome of a covered business method (CBM) review was partly affirmed July 30 by the Federal Circuit U.S. Court of Appeals (Smartflash LLC et al. v. Apple Inc...

Mealey's IP/Tech - 9th Circuit Reverses, Says Photo Agency Has Standing In Copyright Case

SAN FRANCISCO - A California federal judge erred in holding that a licensing agent for photographers lacks statutory standing under the Copyright Act to sue textbook publisher John Wiley & Sons Inc. for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled July 29 (Minden Pictures...