Mealey's IP/Tech - 9th Circuit Finds Extortion Claims Over Yelp's User Reviews Not Properly Pleaded

SAN FRANCISCO - An unfair competition complaint based on alleged extortionate practices on Yelp's consumer review website was properly dismissed for failure to state a claim, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 2, noting that the putative class representatives failed to satisfy...

Mealey's IP/Tech - On Remand, Federal Circuit Vacates Fee Award In Patent Case

WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Sept. 4 vacated and remanded a Pennsylvania federal judge's award of $6.6 million in attorney fees and costs (Checkpoint Systems Inc. v. All-Tag Security Americas Inc.. et al., No. 12-1085...

Mealey's IP/Tech - 3rd Circuit Clarifies Standard For Fee Awards In Lanham Act Cases

PHILADELPHIA - Although affirming dismissal of a trade dress infringement action, the Third Circuit U.S. Court of Appeals on Sept. 4 vacated an award of attorney fees on behalf of the prevailing defendant (Fair Wind Sailing Inc. v. H. Scott Dempster et al., Nos. 13-3305, 14-1572, 3rd Cir.).

Mealey's IP/Tech - Federal Circuit Says Claim Construction In Patent Case Was Error

WASHINGTON, D.C. - A summary judgment of noninfringement was partly vacated and reversed Sept. 5 by the Federal Circuit U.S. Court of Appeals on the basis of an erroneous patent claim construction by a District of Columbia federal judge (EPOS Technologies Ltd. et al. v. Pegasus Technologies Ltd. et al...

Mealey's IP/Tech - Visual Works Copyright Holders Settle Class Action Over Google Library Project

NEW YORK - In conjunction with a press release noting "a settlement that benefits" all parties involved, a coalition of photographer and illustrator groups filed a stipulation in New York federal court on Sept. 5 dismissing their four-year old copyright infringement lawsuit against Google Inc...

Mealey's IP/Tech - Federal Circuit Remands Highmark, Allcare Patent Litigation

WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Sept. 5 vacated a Texas federal judge's award of attorney fees in a dispute over a patented method for managing health care systems (Highmark Inc. v. Allcare Health Management Systems Inc...

Mealey's IP/Tech - Federal Circuit Affirms: Injection Molding Patent Not Infringed

WASHINGTON, D.C. - A California federal judge did not err in granting a declaratory judgment plaintiff's motion for summary judgment that it does not infringe a patented method for manufacturing "thin wall" plastic products via injection molding, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Federal Circuit Says Award Of Attorney Fees In Patent Case Was Proper

WASHINGTON, D.C. - The same day it affirmed a summary judgment that an injection molding method patent was not infringed, the Federal Circuit U.S. Court of Appeals on Sept. 8 left intact a California federal judge's decision to award attorney fees of $253,777 in the case (Homeland Housewares LLC...

Mealey's IP/Tech - 5th Circuit Affirms: Confusion Not Likely In Trademark Case

NEW ORLEANS - A Texas federal magistrate judge did not err in finding that consumers would not likely be confused by two companies' use of the "M2" trademark in their names, the Fifth Circuit U.S. Court of Appeals ruled Sept. 9 (David Escamilla and M2 Software Inc. v. M2 Technology Inc...

Mealey's IP/Tech - Federal Circuit Vacates Noninfringement Judgment, Affirms Invalidity Finding

WASHINGTON, D.C. - A licensing firm owned by Microsoft co-founder Paul Allen partly prevailed Sept. 10 before the Federal Circuit U.S. Court of Appeals, which found that a Washington federal judge's final judgment that defendants Google Inc., Apple Inc., AOL Inc. and Yahoo! Inc. did not infringe...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board's Obviousness Holding

WASHINGTON, D.C. - A patent examiner's decision to reject all claims of three patents upon inter partes re-examination was affirmed Sept. 10 by the Federal Circuit U.S. Court of Appeals (Scientific Plastics Products Inc. v. Biotage AG, Nos. 13-1219, -1220, -1221, Fed. Cir.).

Mealey's IP/Tech - Judge Partly Grants JMOL On Willfulness To Samsung In Patent Suit With Apple

SAN JOSE, Calif. - A California federal judge on Sept. 9 found that Apple Inc. did not meet "its burden to show clear and convincing evidence that" Samsung Electronics Co. Ltd. infringed its patent willfully, leading her to grant Samsung's motion for judgment on a matter of law (JMOL) on...

Mealey's IP/Tech - Federal Circuit Sides With Facebook, Says Patent Board Erred

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that confirmed all claims of two patents relating to the facilitation of real-time communications between users of computer networks was vacated and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 11 (Facebook Inc. v. Pragmatus...

Mealey's IP/Tech - Federal Circuit Grants Apple's Mandamus Petition In Patent Case

WASHINGTON, D.C. - A Texas federal judge was ordered by a divided Federal Circuit U.S. Court of Appeals on Sept. 11 to transfer patent litigation between defendant Apple Inc. and plaintiff EON Corp. IP Holdings LLC to the U.S. District Court for the Northern District of California (In re: Apple Inc....

Mealey's IP/Tech - Federal Circuit Affirms Refusal Of Trademark Registration

WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly rejected an application for a flying bird design trademark because it would likely confuse consumers in light of a pre-existing trademark, the Federal Circuit U.S. Court of Appeals affirmed Sept. 15 (Michael Longshore v. Retail Royalty...

Mealey's IP/Tech - 'Google' Mark Deemed Non-Generic; Judge Dismisses Suit Seeking Cancellation

PHOENIX - Even though evidence shows that the public frequently uses the word "Google" as a verb, an Arizona federal judge on Sept. 11 held that the primary significance of the mark is still the search engine operated by Google Inc. and, thus, the mark has not become generic (David Elliott...

Mealey's IP/Tech - Federal Circuit Sides With Apple, Vacates Jury's Damage Award

WASHINGTON, D.C. - A $368 million damage award on behalf of a prevailing patent plaintiff was vacated Sept. 16 by the Federal Circuit U.S. Court of Appeals, which found that a Texas federal judge improperly instructed jurors and erroneously construed the disputed claim term "secure communication...

Mealey's IP/Tech - D.C. Circuit Declines To Televise NSA Surveillance Case

WASHINGTON, D.C. - In a Sept. 15 per curiam opinion, the District of Columbia U.S. Circuit Court of Appeals denied without comment a motion to televise the upcoming oral arguments in a dispute over the surveillance activities of the National Security Agency (NSA) (Larry Elliott Klayman, et al. v. Barack...

Mealey's IP/Tech - Federal Circuit Denies Interlocutory Appeal In Patent, Contract Case

WASHINGTON, D.C. - In its third ruling in the case, the Federal Circuit U.S. Court of Appeals on Sept. 16 declined to review a California federal judge's denial of summary judgment in a contract and patent dispute between an inventor and two medical device makers (G. David Jang M.D. v. Boston Scientific...

Mealey's IP/Tech - Federal Circuit Denies Rehearing In Intel Patent Dispute

WASHINGTON, D.C. - A June holding that affirmed dismissal of patent infringement allegations levied against Intel Corp. will stand, for now, the Federal Circuit U.S. Court of Appeals ruled Sept. 17 (STC.UNM v. Intel Corp., No. 13-1241, Fed. Cir.).

Mealey's IP/Tech - 10th Circuit: Email Was A Threat Only If Sender Intended It As A 'True Threat'

DENVER - Under the standard of Virginia v. Black (538 U.S. 343 $(2003$)), a trial court needed to determine that the sender of an email with violent language intended the email to be threatening to constitute "sending an interstate threat" under federal law, a 10th Circuit U.S. Court of Appeals...

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...