Mealeys

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Mealey's IP/Tech - Petitioner Seeks Review Of Patent Relating To 'Downloadables'
Posted on 19 Sep 2019 by Mealeys

ALEXANDRIA, Va. - In a Sept. 18 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, Unified Patents Inc. took aim at a Finjan Inc. patent directed to the creation or receipt of a security profile for a file received over... Read More

Tags: IP/Tech

Mealey's IP/Tech - Panel Affirms Dismissal Of Copyright Claims Against Steve Winwood
Posted on 19 Sep 2019 by Mealeys

CINCINNATI - In a divided Sept. 17 holding, the Sixth Circuit U.S. Court of Appeals upheld a Tennessee federal judge's summary judgment that musician Steve Winwood and others did not infringe a copyright covering the song "Ain't That a Lot... Read More

Mealey's IP/Tech - State, Federal Trade Secret Law Claims Survive Dismissal Attempt
Posted on 18 Sep 2019 by Mealeys

NASHVILLE, Tenn. - A federal judge in Tennessee on Sept. 13 ruled that a seller of clear orthodontic aligners has sufficiently stated allegations in support of its claims for misappropriation of trade secrets in violation of state and federal law against... Read More

Tags: IP/Tech

Mealey's IP/Tech - Judge Won't Order Groups To Remove Pharmacy Comparison Website From 'Blacklist'
Posted on 17 Sep 2019 by Mealeys

WHITE PLAINS, N.Y. - In a one-page order issued Sept. 12, a New York federal judge denied a preliminary injunction motion by the operator of a website that provides information about international pharmacies in which the operator sought to require two... Read More

Tags: IP/Tech

Mealey's IP/Tech - 9th Circuit Won't Stay Mandate In TCPA Dispute Over Facebook Text Messages
Posted on 17 Sep 2019 by Mealeys

SAN FRANCISCO - Three weeks after it denied rehearing of a decision in which it revived a lawsuit against Facebook Inc. under the Telephone Consumer Protection Act (TCPA) for sending unwanted text messages, a Ninth Circuit U.S. Court of Appeals panel... Read More

Tags: IP/Tech

Mealey's IP/Tech - Copyright, False Endorsement Claims Against E*Trade Tossed
Posted on 17 Sep 2019 by Mealeys

NEW YORK - In a Sept. 13 holding a federal judge in New York rejected allegations that E*Trade Financial Corp. infringed copyrighted elements of various videos produced and owned by an Italian entrepreneur (Gianluca Vacchi v. E*Trade Financial Corporation... Read More

Tags: IP/Tech

Mealey's IP/Tech - Divided Panel Upholds Patent Term Adjustment In Defeat For Appellant
Posted on 17 Sep 2019 by Mealeys

WASHINGTON, D.C. - A decision by a Virginia federal judge to sustain the U.S. Patent and Trademark Office (PTO)'s calculation of a term adjustment for an immunosuppression therapy drug patent was not erroneous, a divided Federal Circuit U.S. Court... Read More

Mealey's IP/Tech - 5th Circuit Affirms: Implicit License To Use Seismic Data Granted
Posted on 17 Sep 2019 by Mealeys

NEW ORLEANS - A Texas federal judge did not err in rejecting allegations of copyright infringement levied against a geoscience data company, the Fifth Circuit U.S. Court of Appeals ruled Sept. 13 (Geophysical Services Inc. v. TGS Nopec-Geophysical Services... Read More

Mealey's IP/Tech - Federal Circuit: Claim Language In Design Patent Is Limiting
Posted on 16 Sep 2019 by Mealeys

WASHINGTON, D.C. - In what it deemed a case of first impression, the Federal Circuit U.S. Court of Appeals on Sept. 12 found that where claim language supplies the only instance of an article of manufacture, and the article of manufacture appears nowhere... Read More

Mealey's IP/Tech - Dungaree Maker Disputes Claim Preclusion Application In Supreme Court Brief
Posted on 13 Sep 2019 by Mealeys

WASHINGTON, D.C. - A defendant should not be precluded from raising defenses that were not litigated in a prior lawsuit between the same parties, an apparel company embroiled in a long-running trademark dispute argues in its Sept. 11 opening merits brief... Read More

Tags: IP/Tech

Mealey's IP/Tech - Trade Dress Holdings Remanded With Instructions To Dismiss
Posted on 13 Sep 2019 by Mealeys

DENVER - In a Sept. 11 ruling, the 10th Circuit U.S. Court of Appeals found that a Colorado federal judge lacked jurisdiction over a declaratory judgment action seeking cancellation of trade dress covering the color pink for medical prostheses (C5 Medical... Read More

Mealey's IP/Tech - Glaxo Can't Skirt $89M Jury Award, Delaware Federal Judge Rules
Posted on 12 Sep 2019 by Mealeys

WILMINGTON, Del. - In a Sept. 10 decision, a federal judge in Delaware rejected a request by GlaxoSmithKline LLC and Glaxo Group Limited (Glaxo, collectively) for a new trial on allegations that it directly and indirectly infringed a patent relating to... Read More

Tags: IP/Tech

Mealey's IP/Tech - In New York Federal Court, Patent Owner Injunction Motion Denied
Posted on 12 Sep 2019 by Mealeys

NEW YORK - A dispute over a patented toy will proceed without a preliminary injunction in place because it remains unclear whether an accused product meets various limitations of the patent in suit, a federal judge in New York held Sept. 11 (Ever Victory... Read More

Tags: IP/Tech

Mealey's IP/Tech - Some Google Images Discovery Ordered In Photo Repository's Unfair Competition Suit
Posted on 11 Sep 2019 by Mealeys

SAN FRANCISCO - In a Sept. 9 minute entry, issued after a hearing, a California federal judge directed Google LLC to provide some documents related to its "Google Images" feature to the operator of an online photo repository that sued the tech... Read More

Tags: IP/Tech

Mealey's IP/Tech - In Response To Board, Patent Owner Urges Denial Of Google Petition
Posted on 11 Sep 2019 by Mealeys

ALEXANDRIA, Va. - Efforts by Google Inc. to cancel various claims of a coding patent should fail because the "vast majority" of General Plastic Indus. Co. v. Canon Kabushiki Kaisha factors weigh against institution of inter partes review (IPR... Read More

Tags: IP/Tech
  • Blog Post: New York Federal Judge Denies Dismissal Of Declaratory Copyright Case

    NEW YORK - A plaintiff seeking a declaration of non-copyright infringement won the right to amend its complaint March 6, while also defeating a defendant's motion to dismiss (Effie Film LLC v. Gregory Murphy, No. 11-783, S.D. N.Y.; 2012 U.S. Dist. LEXIS 29748).
  • Blog Post: 4th Circuit Reverses Dismissal Of Trademark Dispute

    RICHMOND, Va. - A North Carolina federal judge erred in finding that a trademark infringement defendant established the affirmative defense of laches as a matter of law, the Fourth Circuit U.S. Court of Appeals ruled March 8 (Ray Communications Inc. v. Clear Channel Communications Inc., et al., No. 11...
  • Blog Post: Nevada Federal Judge Says Use Was Fair In Copyright Case

    LAS VEGAS - Two copyright infringement defendants won a declaratory judgment March 9 that the posting of a five-sentence excerpt from a 50-sentence news article on a political discussion forum is fair use, pursuant to 17 U.S. Code Section 107 (Righthaven LLC v. Democratic Underground and David Allen...
  • Blog Post: Nevada Federal Judge Grants Motion To Reconsider, In Part, In Patent Case

    LAS VEGAS - A Nevada federal judge agreed with a patent infringement defendant March 7 that a preliminary injunction issued in January was overbroad (Aevoe Corp. v. AE Tech Co. Ltd., No. 12-53, D. Nev.).
  • Blog Post: D.C. Federal Judge Dismisses Copyright, Trademark Lawsuit

    WASHINGTON, D.C. - Lamenting a "largely incomprehensible" copyright and trademark infringement complaint, a District of Columbia federal judge on March 13 dismissed the lawsuit on grounds that the plaintiff conceded any opposition to a defendant's motion for summary judgment (Isaac A. Potter...
  • Blog Post: Lending Firm Denied Dismissal Of Fraud, RICO Counterclaims In Cybersquatting Case

    MINNEAPOLIS - Because a plaintiff initiated its cybersquatting and defamation claims against a dissatisfied former customer in Minnesota federal court, a judge in that court held March 12, the plaintiff waived its right to dismiss the defendant's counterclaims for lack of jurisdiction in light of...
  • Blog Post: Illinois Federal Judge Grants Partial Dismissal Of Patent Claims

    CHICAGO - A dispute over wireless communications systems was partially resolved March 9 when an Illinois federal judge dismissed allegations of direct patent infringement (Intellect Wireless Inc. v. Sharp Corporation et al., No. 10-6763, N.D. Ill.; 2012 U.S. Dist. LEXIS 31669).
  • Blog Post: Comcast Did Not Commit Cyberpiracy With 'Fancast' Website, Judge Rules

    NEWARK, N.J. - A New Jersey federal judge on March 9 concluded that cable and broadband giant Comcast Corp. did not obtain its www.fancast.com with a bad faith intent to profit, despite claims of cybersquatting by the owner of www.fancaster.com (Fancaster Inc., et al. v. Comcast Corp., et al., No. 2...
  • Blog Post: Res Judicata Does Not Bar Litigation On Post-Settlement Products, Panel Rules

    WASHINGTON, D.C. - Although a Federal Circuit U.S. Court of Appeals panel held that an eyeglass maker was precluded from bringing new patent infringement claims based on amended claims that "are not materially different" from claims that were at issue in a previous lawsuit, the panel in a March...
  • Blog Post: Delaware Federal Judge Doubles Patent Award To $41 Million

    WILMINGTON, Del. - Relying on evidence that a patent defendant launched an infringing product even after an adverse ruling by the Federal Circuit U.S. Court of Appeals, a Delaware federal judge on March 13 agreed that an enhanced award was warranted (Boston Scientific Corporation and Boston Scimed Inc...
  • Blog Post: Antitrust Lawsuit Between Colorado Nightclub Rivals Survives Motion To Dismiss

    DENVER - Denver nightclubs may continue with their unlawful tying and monopolization claims that a digital download service, a competitor nightclub and the owner of those two businesses coerced disc jockeys to perform at the competitor nightclub, a federal judge in Colorado ruled March 14 (Regas Christou...
  • Blog Post: Federal Circuit Vacates Prior Panel Ruling In Patent Dispute

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 14 revisited and, acting sua sponte en banc, vacated its 2006 ruling in Zoltek Corp. v. United States (442 F.3d 1345 $(Fed. Cir. 2006$)) (Zoltek III), in what it deemed "the continuing saga" of an inventor's patent infringement...
  • Blog Post: Class Copyright Infringement Complaint Filed Against Online Legal Research Firm

    NEW HAVEN, Conn. - Asserting his authorship and ownership of a legal document that he filed in a 2003 lawsuit, a lawyer on March 14 sued a legal research firm in Connecticut federal court, claiming that its online publication of the document constituted copyright infringement (David J. Heinlein v. West...
  • Blog Post: Privacy Suit Against Google Stayed Pending Multidistrict Transfer Motion Ruling

    WASHINGTON, D.C. - In light of a motion by Google Inc. to the U.S. Judicial Panel on Multidistrict Litigation to consolidate and transfer 12 privacy cases against it to California federal court, a District of Columbia federal judge on March 15 granted a joint motion by Google and the plaintiff in one...
  • Blog Post: En Banc Federal Circuit Affirms Intervening Rights Ruling In Patent Case

    WASHINGTON, D.C. - An "equally divided" en banc Federal Circuit U.S. Court of Appeals on March 15 affirmed findings of infringement relating to a naturally occurring polysaccharide polymer, reversing its position just six months after issuing an initial ruling in the dispute (Marine Polymer...
  • Blog Post: High Court Sides With Petitioner In Patent Dispute Over Treatment Protocols

    WASHINGTON, D.C. - The U.S. Supreme Court on March 20 held that processes claimed by a patent that recites laws of nature are not patentable absent additional features providing "practical assurance" that the processes are genuine applications of those laws, rather than a drafting effort "designed...
  • Blog Post: Texas Judge Denies Partial Stay, Motion To Strike In Tech Patent Case

    MARSHALL, Texas - Efforts by defendant Citrix Systems Inc. to obtain a partial stay of patent infringement proceedings pending against it were rejected March 16 by a Texas federal judge, despite a final rejection of all claims of one asserted patent following re-examination by the U.S. Patent and Trademark...
  • Blog Post: Music Licensors Win Summary Judgment In N.Y. Copyright Case

    ALBANY, N.Y. - A New York federal judge on March 15 agreed with several music licensing firms that a nightclub infringed valid copyrights by publicly performing protected works (Broadcast Music Inc., et al. v. DFK Entertainment LLC and Dominic F. Karl, No. 10-1393, N.D. N.Y.; 2012 U.S. Dist. LEXIS 35089...
  • Blog Post: Kodak: Bankruptcy Court Needs 2nd Investigation Of Apple's Patent Claims

    NEW YORK - Bankrupt Eastman Kodak Co. on March 19 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that Apple's assertion that it owns 10 patents that Kodak claims as its own requires an investigation under the Federal Rules of Bankruptcy Procedure (In Re...
  • Blog Post: Mass. Federal Judge Grants Dismissal Of Cartoon Copyright Case

    BOSTON - A dispute over the treatment for an animated television series was dismissed March 20 by a Massachusetts federal judge, who found no probative similarity between an idea pitched to The Cartoon Network and the series that ultimately aired on television 10 years later (Timothy McGee v. Andre Benjamin...
  • Blog Post: Reconsideration Of Summary Judgment In Patent Case Denied

    BOSTON - A Massachusetts federal judge on March 20 rejected efforts by a patent infringement plaintiff to obtain reconsideration of an adverse summary judgment ruling (Millipore Corporation v. W.L. Gore & Associates Inc., No. 09-10765, D. Mass.; 2012 U.S. Dist. LEXIS 37211). Lexis.com subscribers...
  • Blog Post: Defendants Win Attorney Fee Award In Michigan Federal Copyright Case

    DETROIT - Having already found that a plaintiff's copyrighted book was published and sold with permission by two defendants, a Michigan federal judge on March 20 went one step further, awarding the defendants $74,067 in attorney fees and costs ( Talecia Chambers and Billy Joe Chambers v. Ingram Book...
  • Blog Post: Rejection Of Tequila Trade Dress Claims Won't Be Reconsidered

    SACRAMENTO, Calif. - A California federal judge on March 20 declined reconsideration of an earlier conclusion that two trade dress infringement counterclaimants failed to demonstrate that the bottle design for their tequila brand is distinctive ( E&J Gallo v. Proximo Spirits Inc., No. 10-411, E.D...
  • Blog Post: Federal Circuit Affirms Dismissal Of Inventor's Patent, Copyright Claims

    WASHINGTON, D.C. - A New Jersey federal judge committed no error in concluding that a patent and copyright infringement plaintiff failed to state a claim upon which relief could be granted because his complaint failed to identify any infringing product or process that is or was made, used or sold by...
  • Blog Post: Supreme Court Vacates Gene Patent Ruling, Remands In Light Of Mayo

    WASHINGTON, D.C. - Fresh on the heels of its decision March 20 in Mayo Collaborative Services v. Prometheus Laboratories Inc. (No. 10-1150), the U.S. Supreme Court on March 26 granted certiorari in a similar case, only to vacate and remand to the Federal Circuit U.S. Court of Appeals for further proceedings...