LexisNexis® Legal Newsroom
Mealey's IP/Tech - Fair Credit Reporting Act Class Complaint Against LinkedIn Dismissed

SAN JOSE, Calif. - Finding that LinkedIn Corp. does not qualify as a consumer reporting agency and that its "Reference Report[s]" do not constitute consumer reports, a California federal judge on April 14 granted the professional network provider's motion to dismiss a putative class action...

Mealey's IP/Tech - $10 Million Sought By Author In California Copyright Case

LOS ANGELES - Lions Gate Entertainment Inc., the movie studio behind the hit horror film "Cabin in the Woods," was accused of copyright infringement on April 13 in California federal court (Peter Gallagher v. Lions Gate Entertainment Inc. et al., No. 15-2739, C.D. Calif.).

Mealey's IP/Tech - Delaware Federal Judge Deems Internet, Mobile Device Patents Valid

WASHINGTON, D.C. - A plaintiff won a judgment on the pleadings April 15 from a Delaware federal judge that two method patents relating to a two-way system of communication between a mobile device and a computer are not invalid (Messaging Gateway Solutions LLC v. Amdocs Inc., et al., No. 14-733, D. Del...

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 - Michigan Federal Judge Compels Discovery In Trademark Case

DETROIT - A defendant's motion to compel a trademark infringement plaintiff to produce sealed documents from related litigation against nonparty NVE Inc. was granted April 15 by a Michigan federal judge (International IP Holdings LLC v. Green Planet Inc., No. 13-13988, E.D. Mich.; 2015 U.S. Dist...

Mealey's IP/Tech - Ohio Federal Judge Allows Trademark Case To Proceed

AKRON, Ohio - Allegations that a trademark infringement and dilution lawsuit is barred by the doctrine of res judicata were rejected April 16 by an Ohio federal judge (TSDC LLC v. Antoinette Galvan and Gloria Galvan, No. 14-2699, N.D. Ohio; 2015 U.S. Dist. LEXIS 50348).

Mealey's IP/Tech - 3rd Circuit: Trial Court Erred Finding Computer Spying Class Is Not Ascertainable

PHILADELPHIA - A district court erred when it found that proposed classes in a putative class action accusing a retailer of improperly spying on its customers via spyware were not ascertainable, a Third Circuit U.S. Court of Appeals panel ruled April 16 (Crystal Byrd, et al. v. Aaron's Inc., et al...

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 - Defendant Wins Summary Judgment On Copyright Claims In Colorado

DENVER - A copyright dispute over a television advertisement was resolved in favor of a defendant by a Colorado federal magistrate judge on April 20 (Millennium Inc. v. Sai Denver M Inc., No. 14-1118, D. Colo.; 2015 U.S. Dist. LEXIS 51547).

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 - Florida Federal Judge Grants Injunction, Damages In Copyright Case

TAMPA, Fla. - A nature photographer won a default judgment April 21 in Florida federal court on claims of copyright infringement (Mia McPherson v. Seaduced LLC, No. 14-2315, M.D. Fla.; 2015 U.S. Dist. LEXIS 52374).

Mealey's IP/Tech - New Jersey Federal Judge Awards Fees In Trademark Case

NEWARK, N.J. - A declaratory judgment trademark plaintiff won an award of attorney fees on April 21, when a New Jersey federal judge agreed that Union County, N.J., asserted, in two cease-and-desist letters, trademark rights that it knew did not exist (Tina Renna v. County of Union, N.J., No. 11-3328...

Mealey's IP/Tech - Illinois Federal Judge Denies Attorney Fees For Trademark Defendant

CHICAGO - A prevailing trademark infringement defendant was denied an award of attorney fees on April 21 by an Illinois federal judge (Arlington Specialties Inc., d/b/a Pinch Provisions v. Urban Aid Inc., No. 13-4180, N.D. Ill.).

Mealey's IP/Tech - Advertising Injury Coverage Not Triggered, Maryland Majority Says In Reversal

ANNAPOLIS, Md. - A majority of the Maryland Court of Appeals held April 21 that underlying claims against a light designer and manufacturer insured did not trigger the "advertising injury" coverage under two commercial general liability insurance policies because there was no causation between...

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 - Delaware Federal Judge Says Various Claims Are Patent-Ineligible

WASHINGTON, D.C. - Various claims of two method patents were deemed patent-ineligible on April 22 by a Delaware federal judge, while a third patent was found to have passed muster under 35 U.S. Code Section 101 (Intellectual Ventures I LLC v. Symantec Corp., et al., No. 10-1067, D. Del.; 2015 U.S. Dist...

Mealey's IP/Tech - Defendant Wins Summary Judgment In Alabama Trademark Litigation

BIRMINGHAM, Ala. - A defendant's selection of "The Donut Chef" as the trade name of its donut shop is not infringing of a plaintiff's "Donut Joe's" trademark, an Alabama federal judge ruled April 22 (Donut Joe's Inc. v. Interveston Food Services LLC, No. 13-1578, N...

Mealey's IP/Tech - After 2nd Trial, Jury Finds Chinese Firm's Wireless Devices Noninfringing

WILMINGTON, Del. - Six months after a jury found three technology patents owned by InterDigital Communications Inc. to be infringed by a Chinese-based company, another Delaware federal jury on April 22 found that a fourth InterDigital patent was not infringed (InterDigital Communications Inc., et al...

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 - Tennessee Federal Judge Awards Attorney Fees In Copyright Case

NASHVILLE, Tenn. - A copyright infringement defendant is entitled to $80,295 in attorney fees and costs as a prevailing party, a Tennessee federal judge ruled April 23 (Taryn Murphy, et al. v. Sergey Lazarov, No. 10-530, M.D. Tenn.; 2015 U.S. Dist. LEXIS 53428).

Mealey's IP/Tech - Judge: Insurer Did Not Breach Duty To Acknowledge Insured's Right To Counsel

KANSAS CITY, Kan. - A Kansas federal judge on April 21 found that a tire retailer insured has failed to establish that there is a genuine issue of material fact as to whether an insurer breached a duty to acknowledge the insured's right to its own counsel of choice, granting the insurer's motion...