Mealey's IP/Tech - Federal Circuit Reverses Equitable Estoppel Holding, Remands Patent Case

WASHINGTON, D.C. - Although a Kentucky federal judge properly concluded that a patent plaintiff's six-year delay in filing suit warrants summary judgment on laches grounds, genuine issues of material fact pertaining to equitable estoppel still exist, the Federal Circuit U.S. Court of Appeals ruled...

Mealey's IP/Tech - 2nd Circuit Partly Affirms Relief In Counterfeiting Case

NEW YORK - A New York federal judge possessed equitable authority when she ordered a freeze on the assets of several trademark infringement defendants, the Second Circuit U.S. Court of Appeals ruled Sept. 17 (Tiffany NJ LLC and Tiffany and Co. v. China Merchants Bank et al., No. 12-2317, 2nd Cir.).

Mealey's IP/Tech - 9th Circuit Permits Rape Victim To Sue Modeling Site For Negligence

PASADENA, Calif. - Because a rape victim is not treating a modeling network website's owner as the "publisher or speaker of any information provided by another information content provider," a Ninth Circuit U.S. Court of Appeals panel on Sept. 17 found that the plaintiff's negligence...

Mealey's IP/Tech - 7th Circuit: Use Of Photograph Was Fair

CHICAGO - Copyright infringement claims levied by a photographer against the makers of a T-shirt bearing a reproduced image of Paul Soglin, mayor of Madison, Wis., were properly rejected on summary judgment, the Seventh Circuit U.S. Court of Appeals ruled Sept. 15 (Michael Kienitz v. Sconnie Nation LLC...

Mealey's IP/Tech - FTC, Yelp Agree To Penalties, Injunction For Collection Of Children's Information

SAN FRANCISCO - Yelp Inc. was hit with a $450,000 penalty for collecting personal information from children under 13 in violation of the Children's Online Privacy Protection Act of 1998 (COPPA) via its smartphone applications (apps) in a stipulated order signed by a California federal judge on Sept...

Mealey's IP/Tech - 11th Circuit Affirms Attorney Fee Award In Copyright Case

ATLANTA - A Florida federal judge did not err in ordering a copyright infringement plaintiff to reimburse three prevailing defendants their attorney fees, the 11th Circuit U.S. Court of Appeals affirmed Sept. 24 (InDyne Inc. v. Abacus Technology Corp., et al., No. 14-11058, 11th Cir.).

Mealey's IP/Tech - Federal Circuit Affirms Decision To Stay Patent Case

WASHINGTON, D.C. - U.S. Judge Leonard P. Stark of the District of Delaware did not err in staying a patent dispute over a method for converting retirement benefits, the Federal Circuit U.S. Court of Appeals ruled Sept. 25 (Benefit Funding Systems LLC, et al. v. Advance America Cash Advance Centers Inc...

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Trademark Claims Against Apple

NEW YORK - Allegations that Apple Inc. infringed when it adopted the trademark "iBooks" in connection with its e-book application for the iPad, iPod and iPhone were properly rejected on summary judgment by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled Sept. 29 (J...

Mealey's IP/Tech - Federal Circuit: Patent Board Erred In Allowing Golf Club Patent

WASHINGTON, D.C. - A decision by the Patent Trial and Appeals Board that partly confirmed the validity of a patented method of press fitting weights to a golf club erroneously failed to consider the general knowledge possessed by one skilled in the art at the time, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Daubert, Summary Judgment Motions Denied In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - Criticisms of both sides' expert opinions in an antitrust class action related to Apple Inc.'s iTunes store and iPod devices go to weight, not admissibility, a California federal judge concluded Sept. 26, denying both sides' motions to exclude testimony under Daubert v....

Mealey's IP/Tech - Federal Circuit Dismisses Cross-Appeal In Generic Drug Dispute

WASHINGTON, D.C. - Patent owner Warner Chilcott Co. LLC successfully persuaded the Federal Circuit U.S. Court of Appeals on Oct. 6 to dismiss a generic drug maker's cross-appeal as improper (Warner Chilcott Company LLC v. Lupin Ltd., No. 14-1582, Fed. Cir.).

Mealey's IP/Tech - 2nd Circuit Says Trademark Damages Limited By Contract

NEW YORK - A limitation-of-liability clause in a former contract between a trademark and unjust enrichment plaintiff and defendant should have limited any post-termination damages, the Second Circuit U.S. Court of Appeals ruled Oct. 8 (My Play City Inc. v. Conduit Ltd., Nos. 13-2012, -2279, 2nd Cir....

Mealey's IP/Tech - Twitter Seeks Relief From Government's Gag Order Over National Security Requests

SAN FRANCISCO - Social media firm Twitter Inc. filed suit in California federal court Oct. 7, seeking a declaration that its First Amendment rights have been violated by the federal government's forbidding Twitter from revealing the extent or type of national security requests it has received as...

Mealey's IP/Tech - Minnesota High Court Affirms $525M In Sanctions Against Tech Firm, Employee

ST. PAUL, Minn. - A Minnesota Supreme Court majority on Oct. 8 affirmed that an arbitrator had authority to issue monetary and procedural sanctions against the former employee of a technology firm and one of its chief competitors for fabricating evidence in a trade secrets lawsuit, also affirming a ...

Mealey's IP/Tech - Federal Circuit To Texas Federal Judge: Stay Android Patent Cases

WASHINGTON, D.C. - Several petitions for writs of mandamus were granted Oct. 9 by the Federal Circuit U.S. Court of Appeals, which directed U.S. Judge J. Rodney Gilstrap of the Eastern District of Texas to stay five separate patent lawsuits in favor of a declaratory judgment action filed by Google Inc...

Mealey's IP/Tech - 3rd Circuit Affirms Dismissal Of Defamation Claims Over Internet Forum Comments

PHILADELPHIA - Defamation and conspiracy claims were properly dismissed against an actor and the moderator of his Internet discussion forum for lack of jurisdiction and based on a jury's finding of credibility, a Third Circuit U.S. Court of Appeals panel found Oct. 10, affirming judgment against...

Mealey's IP/Tech - Georgia Panel: Parents May Be Liable For Son's Fake Facebook Profile

ATLANTA - A minor's parents had a duty to oversee their son's online behavior after learning that he had created a fake Facebook account that disparaged a classmate, a Georgia Court of Appeals panel found Oct. 10, reversing in part a trial court's judgment in the parents' favor (Alexandria...

Mealey's IP/Tech - Federal Circuit Affirms: Automobile Diagnostic Tester Patent Is Invalid

WASHINGTON, D.C. - A Michigan federal judge did not err in holding that two claim terms in a diagnostic tester patent invoke 35 U.S. Code Section 112, Paragraph 6, nor in concluding that the specification of the patent at issue does not disclose corresponding structure for the terms, the Federal Circuit...

Mealey's IP/Tech - Supreme Court Hears Arguments In Dispute Over Claim Construction Review

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals' practice of reviewing, de novo, factual findings by a district court in support of its claim construction in a patent case is improper, an attorney told the U.S. Supreme Court Oct. 15 (Teva Pharmaceuticals USA Inc. et al. v. Sandoz Inc...

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...