Mealey's IP/Tech - Federal Circuit Upholds $15 Million Patent Verdict, Award Against Citrix

WASHINGTON, D.C. - A trial court correctly found that Citrix Systems Inc. infringed a virtual private network (VPN) patent, a Federal Circuit U.S. Court of Appeals panel held Oct. 14, affirming a judgment and verdict against Citrix on one of two patents in suit, while also upholding a noninfringement...

Mealey's IP/Tech - 6th Circuit Affirms: Defense In Copyright Case Not Waived

CINCINNATI - A Tennessee federal judge did not err in granting a copyright infringement defendant summary judgment on grounds that his license agreements with the plaintiffs were valid and had never been withdrawn or canceled under the requirements of Russian law, the Sixth Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Noninfringement Judgment

WASHINGTON, D.C. - Finding no error in an Oregon federal magistrate judge's construction of the claim terms "support surface" and "ledge," the Federal Circuit U.S. Court of Appeals on Oct. 20 affirmed a stipulated judgment that a patented bracket for orthodontic braces is not...

Mealey's IP/Tech - 11th Circuit: Fair Use Analysis In Copyright Case Partly Erroneous

ATLANTA - A Georgia federal judge's determination that a program offered by Georgia State University (GSU) that allows professors to make digital copies of book excerpts is largely fair use was at least partly erroneous, the 11th Circuit U.S. Court of Appeals ruled Oct. 17 in a 129-page ruling (Cambridge...

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Claims Against Japan Airlines

WASHINGTON, D.C. - Allegations that Japan Airlines Corp. (JAL) infringed a patented method of making a secure identification document with an embedded computer chip when it used electronic passports to process passengers within the United States were properly rejected by a New York federal judge, the...

Mealey's IP/Tech - Jury: Apple's IPhones, IPads Do Not Infringe Patents Of Telecommunications Firm

SAN JOSE, Calif. - A California federal jury on Oct. 22 found that Apple Inc.'s popular iPhone and iPad products do not infringe two asserted telecommunications patents of a Hawaiian technology firm, while also finding the patents to be valid (GPNE Corp. v. Apple Inc., No. 5:12-cv-02885, N.D. Calif...

Mealey's IP/Tech - FTC Sues AT&T Over 'Data Throttling' Of Smartphone Users

OAKLAND, Calif. - On Oct. 28, the Federal Trade Commission sued AT&T Mobility LLC in California federal court, alleging that the mobile communications giant has engaged in the practice of "data throttling" by reducing the data speed for its unlimited mobile data plan customers that exceed...

Mealey's IP/Tech - Delaware Federal Jury Finds Chinese Firm's Smartphone, Hotspot Devices Infringing

WILMINGTON, Del. - In an Oct. 28 verdict, a Delaware federal jury found three patents held by InterDigital Communications Inc. to be infringed by certain ZTE Corp. wireless technology devices (InterDigital Communications Inc., et al. v. ZTE Corp., et al., No. 1:13-cv-00009, D. Del.).

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

SAN FRANCISCO - Although an Idaho federal judge properly deemed a plaintiff's claimed trade dress functional, he erred in granting a defendant summary judgment on the issue of indirect copying, the Ninth Circuit U.S. Court of Appeals ruled Nov. 4 (Scentsy Inc. v. Harmony Brands LLC, No. 13-35416...

Mealey's IP/Tech - Federal Circuit Vacates Noninfringement, Invalidity Holdings In Patent Case

WASHINGTON, D.C. - Several software makers that prevailed before a California federal court on allegations that they infringed a virtual classroom patent lost on appeal to the Federal Circuit U.S. Court of Appeals on Nov. 5 (Richard A. Williamson v. Citrix Online LLC, et al., No. 13-1130, Fed. Cir.)...

Mealey's IP/Tech - Federal Circuit Affirms: Microsoft, Google Do Not Infringe Patent

WASHINGTON, D.C. - A stipulated judgment that Microsoft Corp. and Google Inc. did not infringe an online auction bidding patent will not be disturbed, the Federal Circuit U.S. Court of Appeals announced Nov. 6 (Walker Digital LLC v. Microsoft Corp. et al., No. 13-1584, D. Del.).

Mealey's IP/Tech - Magistrate Permits Antitrust Counterclaims Against Oracle In Solaris Lawsuit

SAN JOSE, Calif. - A California federal magistrate on Nov. 7 found that three defendant software support firms adequately alleged their antitrust counterclaims against Oracle America Inc. in a dispute centering on the Solaris operating system, denying in part the software giant's motion to dismiss...

Mealey's IP/Tech - 9th Circuit Will Rehear Copyright Case Over Anti-Muslim Film

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 12 agreed to rehear en banc a copyright case brought by an actress whose performance was unwittingly used in a controversial anti-Muslim film, granting a petition by Google Inc. and YouTube LLC that was filed in response to a panel majority's...

Mealey's IP/Tech - Judge: Unfair Competition, Publicity Rights Claims Against LinkedIn May Proceed

SAN JOSE, Calif. - On Nov. 13, a California federal judge again ruled that putative class claims for unfair competition under state law and common-law publicity rights may proceed against LinkedIn Corp., rejecting the social network operator's defenses under the First Amendment to the U.S. Constitution...

Mealey's IP/Tech - Federal Circuit: Patent Claims Ineligible Subject Matter

WASHINGTON, D.C. - In its second ruling in the case and following two grants of certiorari by the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Nov. 14 reversed course, this time finding that a method for distributing copyrighted products over the Internet claims patent-ineligible...

Mealey's IP/Tech - High Court Denies Certiorari In Communications Decency Act Case Against Facebook

WASHINGTON, D.C. - In its Nov. 17 order list, the U.S. Supreme Court denied without comment a petition for certiorari against Facebook Inc. brought by a political activist who sought to hold the social network responsible for a user page that encouraged violence against the Jewish people (Larry Klayman...

Mealey's IP/Tech - Federal Circuit Partly Vacates Sanctions In Patent Litigation

WASHINGTON, D.C. - A Washington federal judge did not err in deeming some conduct by patent infringement defendants and their counsel sanctionable, but other conduct was not properly subject to sanctions, the Federal Circuit U.S. Court of Appeals ruled Nov. 14 (Loops LLC et al. v. Amercare Products Inc...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Injunction In Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge properly found that four claims of a reissued patent are invalid for failure to comply with the "original patent" requirement of 35 U.S. Code Section 251, the Federal Circuit U.S. Court of Appeals ruled Nov. 17, affirming a denial of preliminary injunctive...

Mealey's IP/Tech - 11th Circuit Says Standing Not Lacking In Trademark Action

ATLANTA - After receiving an answer from the Florida Supreme Court on a question it certified in October 2013, the 11th Circuit U.S. Court of Appeals on Nov. 17 found that Florida VirtualSchool, a Florida state agency, has standing to pursue trademark infringement claims against an online charter school...

Mealey's IP/Tech - Target Customers In Data Breach Suit Oppose Motion To Quash Symantec Subpoena

SAN FRANCISCO - In response to a motion by Symantec Corp. to quash a subpoena served on it related to a multidistrict class action against Target Corp., the putative lead plaintiffs on Nov. 17 filed an opposition, arguing that the information sought regarding Symantec's cybersecurity products that...

Mealey's IP/Tech - Federal Circuit Affirms Invalidity Holdings In Patent Dispute

WASHINGTON, D.C. - U.S. Judge Leonard P. Stark of the District of Delaware correctly deemed eight claims of two different osteoporosis drug patents invalid, the Federal Circuit U.S. Court of Appeals concluded Nov. 18 (Warner Chilcott Company LLC, et al. v. Teva Pharmaceuticals Inc., et al., Nos. 14-1439...

Mealey's IP/Tech - Judge Denies Further Sanctions Against Attorneys In Copyright Dispute

EAST ST. LOUIS, Ill. - Although an Illinois federal judge found certain behavior by the plaintiff's attorneys in a now-dismissed copyright infringement lawsuit to be questionable and suspicious, he held Nov. 18 that there was not sufficient evidence to definitively establish sanctionable behavior...

Mealey's IP/Tech - Federal Circuit: Collateral Estoppel Wrongly Applied In Patent Case

WASHINGTON, D.C. - A California federal judge's determination of noninfringement based upon a determination that a plaintiff was collaterally estopped from seeking a claim construction of its own patent was partly reversed Nov. 19 by the Federal Circuit U.S. Court of Appeals (e.Digital Corporation...

Mealey's IP/Tech - Federal Circuit Reverses, Remands Denial Of Stay In Patent Case

WASHINGTON, D.C. - A Delaware federal judge's decision to deny a stay of patent litigation was reversed and remanded as "clearly erroneous" on Nov. 20 by the Federal Circuit U.S. Court of Appeals (Versata Inc. v. Callidus Software Inc., No. 14-1468, Fed. Cir.).

Mealey's IP/Tech - 11th Circuit Affirms $1.32 Million Award In Trademark Case

ATLANTA - A Florida federal judge did not err in finding that two defendants lacked rights in the "DRX" trademark, nor in awarding a prevailing infringement plaintiff $1.32 million in lost profit damages, the 11th Circuit U.S. Court of Appeals ruled Nov. 18 (Axiom Worldwide Inc. v. Excite Medical...