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 - Texas Federal Judge Sides With Amazon In Copyright Case

SAN ANTONIO - A Texas federal judge on July 18 granted a motion for summary judgment by Amazon.com Inc. and two other defendants in a suit alleging that they infringed a copyrighted musical work (Herman Leon Brickey v. Amazon.com Inc. et al., No. 13-961, W.D. Texas.).

Mealey's IP/Tech - Virginia Federal Judge Upholds Trade Dress Verdict, Awards Injunction

ALEXANDRIA, Va. - A jury verdict in favor of plaintiff Reynolds Consumer Products Inc. on allegations that a competitor infringed the distinctive "Reynolds Wrap" trade dress will stand, a Virginia federal judge ruled July 18 (Reynolds Consumer Products Inc. v. Handi-Foil Corporation, No. 13...

Mealey"s IP/Tech - Software Company Seeks High Court Review Of Challenge To Microsoft"s License

WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals" ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single...

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.).

Mealey's IP/Tech - Texas Federal Judge Denies Attorney Fees In Copyright Dispute

VICTORIA, Texas - A prevailing copyright infringement defendant was denied an award of attorney fees July 21 by a Texas federal judge (Steve Stutts v. Texas Saltwater Fishing Inc., No. 13-10, S.D. Texas).

Mealey's IP/Tech - Illinois Federal Judge: Def Jam Not Liable For Copyright Infringement

CHICAGO - Allegations of copyright infringement levied against Def Jam Recordings were rejected July 21 by U.S. Judge Amy J. St. Eve of the Northern District of Illinois (Hassan Hijrahannah v. Def Jam Recordings, No. 14-872, N.D. Ill.).

Mealey's IP/Tech - Delaware Federal Judge Won't Issue Declaration Of Trademark Rights

WILMINGTON, Del. - A request for a declaration of trademark rights by plaintiff Benihana of Tokyo (BOT) Inc. was rejected July 22 by a Delaware federal judge acting in response to a motion for summary judgment by defendant Benihana Inc. (BI) (Benihana of Tokyo Inc. v. Benihana Inc., No. 10-1051, D. Del...

Mealey's IP/Tech - Delaware Federal Judge Awards Amazon Fees In Patent Dispute

WILMINGTON, Del. - A patent infringement plaintiff was ordered to pay Amazon.com Inc. $130,046 in attorney fees on July 23, after a Delaware federal judge found that the plaintiff's proffered construction of a disputed claim term was objectively unreasonable (Technology Innovations LLC v. Amazon...

Mealey's IP/Tech - Federal Circuit Denies Mandamus In Cellphone Patent Dispute

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating...

Mealey's IP/Tech - Magistrate Judge Dismisses All But 2 Claims In Google Privacy Policy Suit

SAN JOSE, Calif. - A California federal magistrate judge on July 21 dismissed with prejudice all but two claims filed by a class of Google Inc. product users suing the online giant for various privacy violations (In re Google, Inc. Privacy Policy Litigation, No. 12-1382, N.D. Calif.; 2014 U.S. Dist....

Mealey's IP/Tech - Technology Liability Suit Proper Case For Abstention, Federal Judge Rules

TAMPA, Fla. - A Florida federal judge on July 23 dismissed a technology liability insurer's lawsuit challenging coverage for a $347,854.58 judgment against its internet consultant insured, finding that the applicable considerations weigh in favor of abstention (Hartford Fire Insurance Co. v. Tonya...

Mealey's IP/Tech - New Jersey Federal Judge Rejects False Endorsement Claim

TRENTON, N.J. - Allegations that a defendant used a plaintiff's image in promotional materials without her consent in violation of Section 43(a) of the Lanham Act were rejected by a New Jersey federal judge on July 24 (Khadi Madama v. Genesis Rehab, No. 12-1451, D. N.J.).

Mealey's IP/Tech - Oregon Federal Judge Denies Dismissal Of Domain Dispute

PORTLAND, Ore. - A declaratory judgment trademark infringement defendant's claim that an Oregon federal judge lacks subject matter jurisdiction in the case was rejected July 24 (Calista Enterprises Ltd. v. Tenza Trading Ltd., No. 13-1045, D. Ore.).

Mealey's IP/Tech - False Advertising Claims Against Yelp Survive Anti-SLAPP Motion, Panel Finds

LOS ANGELES - Reversing a lower court's ruling, a California appeals panel on July 24 found that a man's complaint against Yelp Inc. was "aimed squarely at false advertising claims" and, as such, should not have been dismissed under California's strategic lawsuit against public...

Mealey's IP/Tech - Federal Circuit Vacates Injunction, Contempt Order In Patent Case

WASHINGTON, D.C. - A Virginia federal judge's entry of a permanent injunction and a related holding that a defendant was in civil contempt of the same were vacated and remanded July 25 by a divided Federal Circuit U.S. Court of Appeals (ePlus Inc. v. Lawson Software Inc., Nos. 13-1506, 1587, Fed...

Mealey's IP/Tech - 10th Circuit Won't Undo Doubled Damages In Trademark Case

DENVER - Although reversing a Utah federal judge's determination that a defendant forfeited his license to distribute "Sycamore" bread products in Arizona and Nevada, the 10th Circuit U.S. Court of Appeals on July 25 left intact that judge's holding that the same defendant's infringement...

Mealey's IP/Tech - Pennsylvania Federal Judge Will Bar Evidence Of Litigation Uncertainty

PHILADELPHIA - The Federal Trade Commission on July 29 prevailed on a motion to preclude a pharmaceutical company from presenting evidence of "litigation uncertainty" surrounding its prescription drug patent at an upcoming reverse payments antitrust trial (Federal Trade Commission v. Cephalon...

Mealey's IP/Tech - 3rd Circuit Affirms: Jurisdiction Lacking In Copyright Case

PHILADELPHIA - Citing the passive nature of a copyright defendant's website, the Third Circuit U.S. Court of Appeals on July 29 affirmed a Pennsylvania federal judge's decision to dismiss an infringement action on grounds that specific jurisdiction is lacking in the case (Richard Ackourey Jr...

Mealey's IP/Tech - Enhanced Damages Proper In Lanham Act Case, 2nd Circuit Says

NEW YORK - In a false advertising case where "willful deception" is proven, "a presumption of injury may be used to award a plaintiff damages in the form of defendant's profits and may . . . warrant enhanced damages," the Second Circuit U.S. Court of Appeals ruled July 29 in a...

Mealey's IP/Tech - Federal Circuit Reverses Rejection By Patent Board

WASHINGTON, D.C. - A finding by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board that a patent application for an electronic medical records system is invalid as anticipated was vacated by the Federal Circuit U.S. Court of Appeals on July 29 (In re: Ronald S. Karpf, No. 14-1035...

Mealey's IP/Tech - Summary Judgment Denied On Inequitable Conduct Counterclaim

LAS VEGAS - A request by two defendants for summary judgment on their counterclaim of inequitable conduct was denied July 29 by a Nevada federal judge, in a dispute over a touch screen protector patent for use with smartphones and other handheld devices (Aevoe Corp. v. AE Tech Co. et al., No. 12-53,...

Mealey's IP/Tech - In Wake Of Supreme Court Aereo Ruling, 9th Circuit Dismisses Related Appeal

PASADENA, Calif. - In light of the U.S. Supreme Court's recent ruling in American Broadcasting Companies, Inc., et al. v. Aereo, Inc., ([No. 13-461, U.S. Sup.; 2014 U.S. LEXIS 4496]), a Ninth Circuit U.S. Court of Appeals panel on July 29 dismissed an appeal that pertained to nearly identical television...

Mealey's IP/Tech - 7th Circuit Upholds Sanctions Against Porn Firm's Counsel In Copyright Case

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 31 affirmed sanctions levied against three attorneys in a copyright infringement case over adult websites, finding that the attorneys violated direct orders of a trial court and engaged in abusive discovery practices (Lightspeed Media Corp...

Mealey's IP/Tech - Invalidity Counterclaim Dismissed By Delaware Federal Judge

WILMINGTON, Del. - A patent infringement defendant's counterclaim of invalidity was dismissed by a Delaware federal judge on July 31, but the same defendant won leave to amend its allegations of inequitable conduct (EMC Corporation et al. v. Zerto Inc., No. 12-956, D. Del.).