LexisNexis® Legal Newsroom
Mealey's IP/Tech - California Supreme Court: Reverse Payments Can Be Challenged Under State Law

SAN FRANCISCO - A Fourth District California Court of Appeal ruling that the settlement of infringement litigation involving a generic form of the antibiotic Cipro did not constitute an illegal restraint of trade because the settlement term did not extend beyond the scope of the patent was reversed May...

Mealey's IP/Tech - 11th Circuit Affirms: Use Of Renderings Covered By License

ATLANTA - An Alabama federal judge's finding that a defendant possessed a nonexclusive license to use various renderings of copyrighted architectural plans was not erroneous, the 11th Circuit U.S. Court of Appeals ruled May 7 (Keith Karlson v. Red Door Homes LLC, et al., No. 14-12371, 11th Cir.;...

Mealey's IP/Tech - Federal Circuit Affirms Rejection Of Patent Claims

WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO)'s Patent Trial and Appeal Board properly rejected various claims of two rearview vision system patents as invalid, according to a May 7 ruling by the Federal Circuit U.S. Court of Appeals (In re: Magna Electronics Inc., No. 14-1798, Fed...

Mealey's IP/Tech - Federal Circuit Affirms Rejection Of Power Absorption Patent

WASHINGTON, D.C. - A confirmation by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board of an examiners rejection of various claims of a patent relating to a method and system for reducing a body's absorption of power while operating a wireless communication device was proper...

Mealey's IP/Tech - Federal Circuit: Domestic Inquiry Analysis By ITC Was Erroneous

WASHINGTON, D.C. - A determination by the U.S. International Trade Commission (ITC), made in the context of assessing underlying patent infringement allegations, that the domestic industry requirements of 19 U.S. Code Section 337 can be satisfied by qualitative factors alone was reversed May 11 by the...

Mealey's IP/Tech - Federal Circuit Partly Reverses Patent Invalidity Holdings

WASHINGTON, D.C. - A Delaware federal judge's determination of patent invalidity was reversed May 12 by the Federal Circuit U.S. Court of Appeals with regard to two newly added claims not broadened during reissue (ArcelorMittal France et al. v. AK Steel Corporation et al., No. 14-1189, Fed. Cir....

Mealey's IP/Tech - 2nd Circuit Reverses, Remands Contempt Ruling In Trademark Case

NEW YORK - A New York federal judge's determination that the United States Polo Association Inc. and USPA Properties Inc. (USPA, collectively) were in contempt for violating a permanent injunction barring the use of a polo player logo was reversed and remanded May 13 by the Second Circuit U.S. Court...

Mealey's IP/Tech - On Remand, Divided Federal Circuit Says Patent Not Infringed

WASHINGTON, D.C. - Rejecting the "sweeping notions of common-law tort liability" advanced by a patent owner and a dissenting judge, a divided panel of the Federal Circuit U.S. Court of Appeals on May 13 again found that a defendant is not responsible for the actions of its customers who carried...

Mealey's IP/Tech - 3rd Circuit: Website, Emails Do Not Confer Jurisdiction In Classic Car Dispute

PHILADELPHIA - A New Jersey man claiming fraud over his purchase of a classic car from a California dealer did not establish that state's jurisdiction over the defendants, a Third Circuit U.S. Court of Appeals panel ruled May 11, finding that the dealer's interactive website and two emails did...

Mealey's IP/Tech - Federal Circuit: Some Activities Not Entitled To Safe Harbor Immunity

WASHINGTON, D.C. - Although a Maryland federal judge properly granted a pharmaceutical company summary judgment of noninfringement under 35 U.S. Code Section 271(e)(1) with regard to certain activities, the summary judgment must be vacated with regard to others, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - 3rd Circuit Partly Vacates Holdings In Trademark Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on May 15 vacated a $7,120 sanction entered against a former physician accused of trademark infringement (American Board of Surgery Inc. v. Keith A. Lasko, et al., No. 14-1785, 3rd Cir.; 2015 U.S. App. LEXIS 8031).

Mealey's IP/Tech - Government Advises D.C. Circuit Of 11th Circuit Ruling In NSA Spying Suit

WASHINGTON, D.C. - In a letter filed May 15, the U.S. government defendants in a lawsuit regarding the surveillance activities of the National Security Agency (NSA) advised the District of Columbia U.S. Circuit Court of Appeals of a recent ruling in which the 11th Circuit U.S. Court of Appeals found...

Mealey's IP/Tech - Federal Circuit Vacates Genericness Holding By Trademark Board

WASHINGTON, D.C. - A final decision by the Trademark Trial and Appeal Board to cancel a registration for "Pretzel Crisps" in connection with pretzel crackers on grounds that the term is generic was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 15 (Princeton Vanguard...

Mealey's IP/Tech - En Banc 9th Circuit Dissolves Panel's Order That YouTube Take Down Anti-Muslim Film

PASADENA, Calif. - Reversing a previous panel decision ordering YouTube LLC and Google Inc. to take down a controversial anti-Muslim film based on an actress' "heartfelt plea for personal protection," an en banc Ninth Circuit U.S. Court of Appeals majority on May 18 held that "a weak...

Mealey's IP/Tech - Federal Circuit Vacates Apple's Trade Dress Win Against Samsung

WASHINGTON, D.C. - Although leaving intact a California federal jury's determination that Apple Inc.'s design and utility patents were infringed by Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America LLC (Samsung, collectively), the Federal Circuit...

Mealey's IP/Tech - 4th Circuit Vacates Injunction, Says NAACP Trademark Not Infringed

RICHMOND, Va. - A Virginia federal judge's injunction barring two trademark infringement counterclaim defendants from using the "NAACP" trademark was vacated May 19 by the Fourth Circuit U.S. Court of Appeals, which remanded with instructions to dismiss the counterclaim (The Radiance Foundation...

Mealey's IP/Tech - 9th Circuit Partly Affirms, Partly Vacates Copyright Holdings

SAN FRANCISCO - Although a California federal magistrate judge abused his discretion by "categorically" denying a prevailing copyright infringement plaintiff her full request for attorney fees, he properly denied a motion for sanctions by the plaintiff in connection with alleged evidence spoliation...

Mealey's IP/Tech - 5th Circuit: Award Of Attorney Fees Properly Denied In Copyright Case

NEW ORLEANS - Finding no abuse of discretion in a Texas federal judge's decision to deny a prevailing copyright infringement defendant its attorney fees, the Fifth Circuit U.S. Court of Appeals on May 20 affirmed (Macro Niche Software Inc., et al. v. Imaging Solutions of Australia, No. 14-20371,...

Mealey's IP/Tech - Federal Circuit Affirms Patent Noninfringement, Invalidity Holdings

WASHINGTON, D.C. - A Washington federal judge's determination that Microsoft Corp. did not infringe various claims of a speech recognition patent was upheld May 22 by the Federal Circuit U.S. Court of Appeals (Allvoice Developments US LLC v. Microsoft Corp., No. 14-1258, Fed. Cir.).

Mealey's IP/Tech - Divided Supreme Court: Belief Of Patent Invalidity No Defense To Infringement

WASHINGTON, D.C. - In a 6-2 ruling, with Justice Stephen G. Breyer recused, the U.S. Supreme Court on May 26 rejected claims by Cisco Systems Inc. that having a good faith belief that a patent is invalid can serve as a defense to claims of induced patent infringement (Commil USA LLC v. Cisco Systems...

Mealey's IP/Tech - 9th Circuit Reverses, Remands Holding In Copyright Case

SAN FRANCISCO - Allegations that various defendants infringed 24 copyrighted jewelry designs will proceed to trial, the Ninth Circuit U.S. Court of Appeals ruled May 22 (A'lor International Ltd. v. Tappers Fine Jewelry Inc., et al., No. 13-55816, 9th Cir.; 2015 U.S. App. LEXIS 8548).

Mealey's IP/Tech - 9th Circuit Says Copyright Invalidity Holding Was Error

SAN FRANCISCO - A California federal judge erroneously deemed an infringement plaintiff's copyrighted "zebra" design invalid, according to a May 22 ruling by the Ninth Circuit U.S. Court of Appeals (Meridian Textiles Inc. v. Topson Downs of California Inc. et al., No. 12-17590, 9th Cir...

Mealey's IP/Tech - NSA Spying Plaintiffs Advise D.C. Circuit Of Clapper Ruling, Request Judgment

WASHINGTON, D.C. - In a notice filed May 26, the plaintiffs in a lawsuit regarding the data collection activities of the National Security Agency (NSA) advised the District of Columbia U.S. Circuit Court of Appeals of a recent Second Circuit U.S. Court of Appeals ruling that deemed the NSA's program...

Mealey's IP/Tech - Cephalon, Teva Will Settle Antitrust Claims With $1.2 Billion Payout

PHILADELPHIA - On the eve of a planned June 1 trial, the Federal Trade Commission and Cephalon Inc. announced May 28 a $1.2 billion settlement in their long-running antitrust battle over reverse payments made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission...

Mealey's IP/Tech - Class Certified For Stored Communications Act Claim Over Yahoo's Email Scanning

SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No...