Mealey's IP/Tech - Federal Circuit Affirms: Apple Not Liable For Patent Infringement

WASHINGTON, D.C. - A Delaware federal judge properly absolved Apple Inc. of allegations that the software giant infringed two patents pertaining to the random access channel (RACH) process in wireless communication via its iPhone and iPad products, the Federal Circuit U.S. Court of Appeals ruled July...

Mealey's IP/Tech - 9th Circuit Affirms Denial Of Injunction In Dish Copyright Case

SAN FRANCISCO - A California federal judge did not err in denying several broadcaster copyright plaintiffs a preliminary injunction that would have barred two new digital video recorder (DVR) services, the Ninth Circuit U.S. Court of Appeals ruled July 14 (Fox Broadcasting Co. et al. v. Dish Network...

Mealey's IP/Tech - Man Sentenced To 48 Months, Ordered To Pay $6.2M For Medicare Fraud

TAMPA, Fla. - A Florida man was sentenced to 48 months in jail and was ordered to pay $6.24 million in restitution after being found guilty for operating a $10.5 million Medicare fraud scheme involving occupational therapy services, according to a July 11 filing in Florida federal court (United States...

Mealey's IP/Tech - 9th Circuit Sides With Gallo In Dispute Over Tequila Bottle Trade Dress

SAN FRANCISCO - A California federal judge did not err in denying a motion to dismiss a declaratory judgment trade dress action because an actual controversy exists between the parties, the Ninth Circuit U.S. Court of Appeals ruled July 14 (E&J Gallo Winery v. Proximo Spirits Inc., No. 12-15905,...

Mealey's IP/Tech - Panel Vacates Damages, Affirms Judgment Over Ex-Employee's Online Remarks

SANTA ANA, Calif. - Although a California appeals panel on July 11 affirmed a trial court's grant of default judgment to a company in its libel lawsuit against a former employee, the panel found that the court's award of compensatory and punitive damages to the firm violated the defendant's...

Mealey's IP/Tech - U.S. Government Asks 3rd Circuit To Reverse Injunction In Data-Collection Case

WASHINGTON, D.C. - A federal judge erred in granting a preliminary injunction to the plaintiffs in putative class action lawsuits related to the surveillance activities of the National Security Agency (NSA), the federal government says in a July 14 brief to the Third Circuit U.S. Court of Appeals, citing...

Mealey's IP/Tech - 9th Circuit Again Finds Actress Has Protectable Interest In Film Performance

SEATTLE - Offering a slightly revised version of an opinion it originally issued in February, a Ninth Circuit U.S. Court of Appeals panel majority on July 11 again stated its position that an actress whose performance was unwittingly used in a controversial anti-Muslim film has a protectable, copyright...

Mealey's IP/Tech - Federal Circuit Vacates Judgment Anticipation Holding In Patent Case

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 15 vacated a New York federal judge's grant of judgment as a matter of law (JMOL) that a thermometric device was anticipated by a patent plaintiff's own prior art thermometer (Medisim Ltd. v. BestMed LLC, No. 13-1451, Fed. Cir...

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Trademark Case On Alternate Grounds

NEW YORK - Although a New York federal judge erroneously deemed a trademark and copyright plaintiff's complaint barred by the doctrine of res judicata, dismissal of the action was nonetheless warranted on grounds that the plaintiff failed to state a claim upon which relief could be granted, the Second...

Mealey's IP/Tech - LinkedIn Settles With Firm That Used Bots To Scrape, Copy User Data

SAN JOSE, Calif. - Professional social network operator LinkedIn Corp., jointly with defendant Robocog Inc., on July 11 filed a proposed final judgment on consent in a California federal court announcing that the parties had resolved LinkedIn's computer fraud and related claims (LinkedIn Corp. v...

Mealey's IP/Tech - Federal Circuit Says Trademark Board Erred, But Error Was Harmless

WASHINGTON, D.C. - Although the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) erroneously concluded that "Stonshield" would not be pronounced "Stone Shield," the error is harmless because dismissal of an opposition to the registration of the "Armorstone"...

Mealey's IP/Tech - Delaware Federal Judge: Comcast Patent Is Invalid

WILMINGTON, Del. - Efforts by Sprint Communications Co. and Sprint Spectrum L.P. (Sprint, collectively) to obtain a summary judgment of invalidity were successful July 15, when a Delaware federal judge agreed that the patent in question is directed to patent-ineligible subject matter (Comcast IP Holdings...

Mealey's IP/Tech - Apple Reaches $400M Settlement With States, Class In E-Books Antitrust Case

NEW YORK - Apple Inc. has agreed to pay $400 million to 33 states and a certified class of consumers to settle claims that it conspired with publishers to fix prices of electronic books, according to a motion for preliminary approval filed July 16 in federal court in New York (In re Electronic Books...

Mealey's IP/Tech - Federal Circuit: ITC Review Of Order Not Procedurally Sound

WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology...

Mealey's IP/Tech - Texas Federal Judge Sides With Amazon In Copyright Case

SAN ANTONIO - A Texas federal judge on July 18 granted a motion for summary judgment by Amazon.com Inc. and two other defendants in a suit alleging that they infringed a copyrighted musical work (Herman Leon Brickey v. Amazon.com Inc. et al., No. 13-961, W.D. Texas.).

Mealey's IP/Tech - Virginia Federal Judge Upholds Trade Dress Verdict, Awards Injunction

ALEXANDRIA, Va. - A jury verdict in favor of plaintiff Reynolds Consumer Products Inc. on allegations that a competitor infringed the distinctive "Reynolds Wrap" trade dress will stand, a Virginia federal judge ruled July 18 (Reynolds Consumer Products Inc. v. Handi-Foil Corporation, No. 13...

Mealey"s IP/Tech - Software Company Seeks High Court Review Of Challenge To Microsoft"s License

WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals" ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single...

Mealey's IP/Tech - 3rd Circuit Agrees With Federal Circuit, Says Claims Not Preempted

PHILADELPHIA - An inventor's dispute with the H.J. Heinz Co. over a condiment container is not preempted by federal patent law, the Third Circuit U.S. Court of Appeals ruled July 21 (David Wawrzynski v. H.J. Heinz Company et al., No. 13-4100, 3rd Cir.).

Mealey's IP/Tech - Texas Federal Judge Denies Attorney Fees In Copyright Dispute

VICTORIA, Texas - A prevailing copyright infringement defendant was denied an award of attorney fees July 21 by a Texas federal judge (Steve Stutts v. Texas Saltwater Fishing Inc., No. 13-10, S.D. Texas).

Mealey's IP/Tech - Illinois Federal Judge: Def Jam Not Liable For Copyright Infringement

CHICAGO - Allegations of copyright infringement levied against Def Jam Recordings were rejected July 21 by U.S. Judge Amy J. St. Eve of the Northern District of Illinois (Hassan Hijrahannah v. Def Jam Recordings, No. 14-872, N.D. Ill.).

Mealey's IP/Tech - Delaware Federal Judge Won't Issue Declaration Of Trademark Rights

WILMINGTON, Del. - A request for a declaration of trademark rights by plaintiff Benihana of Tokyo (BOT) Inc. was rejected July 22 by a Delaware federal judge acting in response to a motion for summary judgment by defendant Benihana Inc. (BI) (Benihana of Tokyo Inc. v. Benihana Inc., No. 10-1051, D. Del...

Mealey's IP/Tech - Delaware Federal Judge Awards Amazon Fees In Patent Dispute

WILMINGTON, Del. - A patent infringement plaintiff was ordered to pay Amazon.com Inc. $130,046 in attorney fees on July 23, after a Delaware federal judge found that the plaintiff's proffered construction of a disputed claim term was objectively unreasonable (Technology Innovations LLC v. Amazon...

Mealey's IP/Tech - Federal Circuit Denies Mandamus In Cellphone Patent Dispute

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating...

Mealey's IP/Tech - Magistrate Judge Dismisses All But 2 Claims In Google Privacy Policy Suit

SAN JOSE, Calif. - A California federal magistrate judge on July 21 dismissed with prejudice all but two claims filed by a class of Google Inc. product users suing the online giant for various privacy violations (In re Google, Inc. Privacy Policy Litigation, No. 12-1382, N.D. Calif.; 2014 U.S. Dist....

Mealey's IP/Tech - Technology Liability Suit Proper Case For Abstention, Federal Judge Rules

TAMPA, Fla. - A Florida federal judge on July 23 dismissed a technology liability insurer's lawsuit challenging coverage for a $347,854.58 judgment against its internet consultant insured, finding that the applicable considerations weigh in favor of abstention (Hartford Fire Insurance Co. v. Tonya...