LexisNexis® Legal Newsroom
Mealey's IP/Tech - California Panel Finds Landlord's Postings About Tenant Were Not Defamation

LOS ANGELES - Reversing a trial court's ruling, a California appeals panel on Jan. 11 found that a landlord's postings on a consumer complaint website about her former tenant's character were substantially true, meriting dismissal of his defamation complaint under California's strategic...

Mealey's IP/Tech - Supreme Court Grants Petition In Dispute Over Inter Partes Patent Review

WASHINGTON, D.C. - In what has become a hotly contested issue before the Federal Circuit U.S. Court of Appeals, the U.S. Supreme Court on Jan. 15 granted a petition for certiorari in a dispute that poses the question of whether decisions to grant inter partes review (IPR) are themselves reviewable (Cuozzo...

Mealey's IP/Tech - Supreme Court Will Hear Copyright Dispute Over Attorney Fees

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 15 granted certiorari in a longstanding dispute over the proper standard for an award of attorney fees under the Copyright Act (Supap Kirtsaeng, d/b/a Bluechristine99 v. John Wiley & Sons, Inc., No. 15-375, U.S. Sup.).

Mealey's IP/Tech - Terror Attack Widow Accuses Twitter Of Anti-Terrorism Violations

OAKLAND, Calif. - In a complaint filed Jan. 13 in California federal court, the widow of a man killed in a November terror attack in Jordan accused Twitter Inc. of two violations of federal anti-terrorism laws by "knowingly permitt[ing] the terrorist group ISIS [the Islamic State of Iraq and Syria...

Mealey's IP/Tech - Supreme Court Vacates, Remands Patent Dispute Under Commil

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 19 vacated and remanded a March 2015 decision by the Federal Circuit U.S. Court of Appeals, which ordered a new damages trial in a patent infringement case (Medtronic Sofamor Danek USA Inc., et al. v. NuVasive Inc., No. 15-85, U.S. Sup.).

Mealey's IP/Tech - 2nd Circuit Affirms: Copyright Claims Are Time-Barred

NEW YORK - Citing a plaintiff's failure to bring copyright infringement claims for more than three years after ownership of the work was first disputed, the Second Circuit U.S. Court of Appeals on Jan. 15 affirmed dismissal of the lawsuit (Tyrone Simmons v. William C. Stanberry Jr. aka Apex, et al...

Mealey's IP/Tech - Federal Circuit Affirms Section 101 Analysis, Says Invention Not Patentable

WASHINGTON, D.C. - A California federal judge properly invalidated a patented computer-implemented method for assisting loan seekers under Section 101 of the Patent Act, the Federal Circuit U.S. Court of Appeals ruled Jan. 20 (Mortgage Grader Inc. v. First Choice Loan Services Inc., et al., No. 15-1415...

Mealey's IP/Tech - Facebook Settles Class Action Over Minors' In-App Purchases

SAN JOSE, Calif. - In a Jan. 15 consented motion for approval, the named plaintiffs in a class action against Facebook Inc. stated that the social network operator agreed to make changes to how it handles requested refunds for purchases made by minors' within applications (in-app purchases) on its...

Mealey's IP/Tech - High Court Upholds Evidence Sufficiency Of Computer Fraud Statute Conviction

WASHINGTON, D.C. - A trial court's judgment of a defendant under the Computer Fraud and Abuse Act (CFAA) was sufficiently supported by the evidence despite an erroneous jury instruction, the U.S. Supreme Court ruled Jan. 25, affirming the Fifth Circuit U.S. Court of Appeals' rejection of the...

Mealey's IP/Tech - Federal Circuit Partly Affirms, Reverses Fee Award In Patent Case

WASHINGTON, D.C. - Although finding no error in a New York federal judge's decision to deem a patent infringement case exceptional, the Federal Circuit U.S. Court of Appeals on Jan. 22 found that the judge failed to properly justify the manner in which her award of attorney fees was calculated (Lumen...

Mealey's IP/Tech - TV Networks To 9th Circuit: Internet Rebroadcaster Is Not A Cable Company

SAN FRANCISCO - Seeking to reverse a trial court judge's finding that an Internet-based rebroadcaster of copyrighted television shows might be entitled to a compulsory license under copyright law, a group of U.S. television networks on Jan. 27 filed an appellant brief in the Ninth Circuit U.S. Court...

Mealey's IP/Tech - 1st Circuit: Trademark Dispute Properly Dismissed

BOSTON - A Massachusetts federal judge properly rejected a trademark infringement dispute on jurisdictional grounds, the First Circuit U.S. Court of Appeals ruled Jan. 27 (A Corp. v. All American Plumbing Inc., No. 15-1509, 1st Cir.; 2016 U.S. App. LEXIS 1303).

Mealey's IP/Tech - Disqualification Request In Patent Case Rejected By 3rd Circuit

PHILADELPHIA - A petition for a writ of mandamus that would order the disqualification of U.S. Judge Richard G. Andrews of the District of Delaware was turned away Jan. 29 by the Third Circuit U.S. Court of Appeals, on grounds that the underlying issues presented in the cases concern patent law (In re...

Mealey's IP/Tech - 7th Circuit Affirms Preclusion Ruling In Franchise, Trademark Case

CHICAGO - A twice final, unappealed judgment in a Lanham Act case bars any claim for violations of the Illinois Franchise Disclosure Act (IFDA) in a subsequent action, the Seventh Circuit U.S. Court of Appeals ruled Jan. 27 (Window World of Chicagoland LLC and David Hampton v. Window World Inc., No....

Mealey's IP/Tech - Federal Circuit: Party Cannot Appeal Patent Re-Examination Decision

WASHINGTON, D.C. - Only the third-party requester of an inter partes re-examination (IPR) can appeal the outcome of the proceedings, the Federal Circuit U.S. Court of Appeals ruled Jan. 29 (Agilent Technologies Inc. v. Waters Technology Corp., No. 15-1280, Fed. Cir.; 2016 U.S. App. LEXIS 1441).

Mealey's IP/Tech - Federal Circuit Partly Reverses, Remands Patent Dispute

WASHINGTON, D.C. - Although affirming a Virginia federal judge's construction of some disputed terms, the Federal Circuit U.S. Court of Appeals on Feb. 2 reversed with regard to others in a patent dispute between the trustees of Columbia University and Symantec Corp. (Trustees of Columbia University...

Mealey's IP/Tech - Federal Circuit Affirms Outcome, Holdings Of OxyContin Patent Trial

WASHINGTON, D.C. - A New York federal judge properly invalidated four patents covering the pain-relieving drug OxyContin following a three-week bench trial in 2013, the Federal Circuit U.S. Court of Appeals affirmed Feb. 1 (Purdue Pharma LP v. Epic Pharma LLC, et al., No. 14-1294, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Attorney Fees In Patent Case

WASHINGTON, D.C. - A California federal magistrate judge's decision to deny a prevailing patent infringement defendant an award of attorney fees even after remand was affirmed Feb. 2 by the Federal Circuit U.S. Court of Appeals (Site Update Solutions LLC v. Newegg Inc., et al., No. 15-1448, Fed....

Mealey's IP/Tech - Journalists Group To High Court: Google Books Is Not Fair Use

WASHINGTON, D.C. - In a Feb. 1 amicus curiae brief, a writers and journalists organization tells the U.S. Supreme Court that a recent Second Circuit U.S. Court of Appeals ruling finding no infringement in Google Inc.'s "Google Books" project "threatens to undo the balance set forth...

Mealey's IP/Tech - In Apple FaceTime Patent Retrial, Texas Jury Awards VirnetX $625 Million

TYLER, Texas - A Texas federal jury on Feb. 3 found that Apple Inc. infringed four patents with its FaceTime and VPN OnDemand features, awarding more than $625 million to tech firm VirnetX in the case's second jury trial (VirnetX Inc. v. Apple Inc., No. 6:12-cv-00855, E.D. Texas).

Mealey's IP/Tech - Patent Board Validity Holdings Affirmed By Federal Circuit

WASHINGTON, D.C. - A challenge to a judgment by the Patent Trial and Appeal Board that various claims of a stent patent were not proven invalid as obvious will stand, the Federal Circuit U.S. Court of Appeals ruled Feb. 5 (TriVascular Inc. v. Dr. Shaun L.W. Samuels, No. 15-1631, Fed. Cir.; 2016 U.S....

Mealey's IP/Tech - Federal Circuit Reverses, Remands Standing Ruling In Patent Inventorship Row

WASHINGTON, D.C. - A lawsuit seeking a correction of patent inventorship was erroneously dismissed for lack of standing, the Federal Circuit U.S. Court of Appeals ruled Feb. 5 (TriReme Medical LLC v. AngioScore Inc., No. 15-1504, Fed. Cir.; 2016 U.S. App. LEXIS 1948).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Preissuance Damages In Patent Case

WASHINGTON, D.C. - A Delaware federal judge did not err in deeming Adobe Systems Inc. not liable for preissuance damages under 35 U.S. Code Section 154(d), the Federal Circuit U.S. Court of Appeals affirmed Feb. 9 in a case of first impression (Rosebud LMS Inc. v. Adobe Systems Inc., No. 15-1428, Fed...

Mealey's IP/Tech - President Obama Announces Cybersecurity Plan Aimed At Privacy, Security, Modernization

WASHINGTON, D.C. - In a Feb. 9 press release and accompanying fact sheet, President Barack Obama announced that his administration is launching a Cybersecurity National Action Plan (CNAP) with the goal "to enhance cybersecurity awareness and protections, protect privacy, maintain public safety as...

Mealey's IP/Tech - Magistrate Finds No Evidence Doe Defendant Downloaded Copyrighted Adult Films

CHICAGO - An adult entertainment firm failed to provide evidence that an accused defendant downloaded and shared 24 of its copyrighted movies, an Illinois federal magistrate judge ruled Feb. 8, granting the defendant's motion for summary judgment (Malibu Media LLC v. John Doe, No. 1:13-cv-06312,...