LexisNexis® Legal Newsroom
Mealey's IP/Tech - Wal-Mart, Amazon Targeted By Rap Group For Trademark Violations

NEW YORK - Asserting damages in excess of $50 million, the iconic rap group Run-DMC filed suit Dec. 29 in New York federal court against retailers Wal-Mart and Amazon.com Inc. over clothing and accessories that directly infringe the "RUN-DMC" trademark (RUN-DMC Brand LLC v. Amazon.com Inc....

Mealey's IP/Tech - Mississippi Federal Judge Allows Git-R-Done Trademark Case To Proceed

JACKSON, Miss. - A request for summary judgment by a defendant accused of infringing the "Git-R-Done" tagline of the fictional character "Larry the Cable Guy" when it named its convenience store "Giterdone" was denied Dec. 28 by a Mississippi federal judge (Git-R-Done Productions...

Mealey's IP/Tech - Delaware Federal Judge: Harm Not Irreparable In Pharmaceutical Patent Case

WILMINGTON, Del. - A request by Bayer Pharma AG, Bayer Intellectual Property GmbH and Bayer HealthCare Pharmaceuticals Inc. (Bayer, collectively) for a preliminary injunction barring a competitor from selling a generic oral contraceptive was denied Dec. 28 by a Delaware federal judge, despite a July...

Mealey's IP/Tech - Missouri Federal Judge Denies Dismissal Of Trademark Claim

ST. LOUIS - Although a defendant won dismissal Dec. 27 of allegations that it committed tortious interference with business expectancies, its motion was denied by a Missouri federal judge as it relates to trademark infringement (John Beal Inc. v. Roofpros Inc. and Web.com Group Inc., No. 16-1151, E.D...

Mealey's IP/Tech - Patent Board Affirms Examiner: Nokia Patent Would Have Been Obvious

ALEXANDRIA, Va. - A patented invention covering a signal-generating device would have been obvious to a person of ordinary skill in the art, the Patent Trial and Appeal Board ruled Dec. 27 (Ex parte Niels Nymark and Thomas Bove, No. 2016-001564, PTAB).

Mealey's IP/Tech - Federal Circuit Will Rehear Patent Dispute Between Wi-Fi One, Broadcom

WASHINGTON, D.C. - The continued viability of Achates Reference Publishing Inc. v. Apple Inc. (803 F.3d 652 [Fed. Cir. 2015]) will soon be debated in light of a Jan. 4 decision by the Federal Circuit U.S. Court of Appeals to rehear, en banc, a dispute involving a data transmission patent (Wi-Fi One LLC...

Mealey's IP/Tech - Federal Circuit Upholds Rejection, Says Stent Patent Is Obvious

WASHINGTON, D.C. - Finding no error in a ruling by the Patent Trial and Appeal Board that invalidated, on obviousness grounds, 22 claims of a patented method of maintaining drugs delivered via drug-eluting stent, a divided Federal Circuit U.S. Court of Appeals on Jan. 3 affirmed (In re: Ethicon Inc....

Mealey's IP/Tech - Florida Federal Judge Won't Dismiss Copyright Lawsuit By DISH Network

TAMPA, Fla. - Allegations that the owners and operators of the Arabic television service "UlaiTV" committed copyright infringement will proceed in light of a Jan. 3 ruling by a Florida federal judge (DISH Network LLC v. Gaby Fraifer, et al., No. 16-2549, M.D. Fla.; 2017 U.S. Dist. LEXIS 380...

Mealey's IP/Tech - Chief Justice Issues Post-Argument Recusal In Patent Case

WASHINGTON, D.C. - In a letter sent to counsel on Jan. 4, Chief Justice G. John Roberts Jr. revealed that despite his December participation in oral arguments, he will take no part in the U.S. Supreme Court's upcoming decision in the patent dispute between Life Technologies Corp. and Promega Corp...

Mealey's IP/Tech - Patent Board Grants Review In New Limelight, Akamai Dispute

ALEXANDRIA, Va. - In a ruling issued Dec. 30, the Patent Trial and Appeal Board announced it will review the patentability of nine claims of a patented method for delivering digital content (Limelight Networks Inc. v. Akamai Technologies Inc., No. IPR2016-01631, PTAB).

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case

WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications...

Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Willful Patent Infringement Claims

SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).

Mealey's IP/Tech - 7th Circuit Rejects Copyright Claims Against Amazon.com

CHICAGO - In what it deemed a "very unusual case," the Seventh Circuit U.S. Court of Appeals on Jan. 6 affirmed dismissal of a dispute in which Amazon.com Inc. was accused of permitting third parties to advertise for sale six counterfeit books in violation of the Copyright Act (Reginald Hart...

Mealey's IP/Tech - Indiana Federal Judge Dismisses Amended Copyright Complaint

FORT WAYNE, Ind. - Allegations that a school copied a copyrighted educational model without consent were dismissed Jan. 6 by an Indiana federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6) (Angela Brooks-Ngwenya v. National Heritage Academies, No. 16-183, N.D. Ind.; 2017 U.S. Dist. LEXIS...

Mealey's IP/Tech - Texas Magistrate Judge Largely Rules Against Google In Chrome Patent Case

MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology...

Mealey's IP/Tech - Supreme Court Denies Certiorari In 4 Patent Disputes

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied certiorari in four patent cases covering technologies ranging from pharmaceutical compounds to surgical staplers (Mylan Pharmaceuticals, et al. v. Acorda Therapeutics, et al., No. 16-360; Ethicon Endo-Surgery Inc. v. Covidien LP et al., No. 16...

Mealey's IP/Tech - Email Preservation Ordered In Russian Railcar Firm's Trade Secrets Lawsuit

SAN JOSE, Calif. - Finding that a Russian railcar company had demonstrated a likelihood of success in its claims against two former employees under the Defend Trade Secrets Act (DTSA), a California federal judge on Jan. 6 ordered the hosts of the employees' email accounts to preserve all electronic...

Mealey's IP/Tech - Majority: No Coverage For Legal Expenses Incurred Without Insurer's Approval

ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals ruled Jan. 9 that an insurer has no duty to pay an insured's $405,989 in pre-tender legal expenses incurred in defending a copyright infringement lawsuit, affirming a lower court's finding that Florida's claims administration...

Mealey's IP/Tech - Federal Circuit Upholds Stipulations Of Patent Invalidity, Noninfringement

WASHINGTON, D.C. - A Delaware federal judge did not err in construing "seal," "prevent" and other phrases of four patents relating to vehicular tilt control apparatuses, the Federal Circuit U.S. Court of Appeals ruled Jan. 9 (Cloud Farm Associates LP v. Volkswagen Group of America...

Mealey's IP/Tech - Patent Board Denies Intel Request For Inter Partes Review

ALEXANDRIA, Va. - A petition for inter partes review (IPR) of a patented method for reducing power consumption in integrated circuits was denied Jan. 10 by the Patent Trial and Appeal Board (Intel Corp. v. Future Link Systems LLC, No. IPR2016-01400, PTAB).

Mealey's IP/Tech - Backpage.com CEO Maintains 1st Amendment Argument In Appeal Over Senate Subpoena

WASHINGTON, D.C. - In his Jan. 9 reply brief in the District of Columbia U.S. Circuit Court of Appeals, Backpage.com LLC Chief Executive Officer Carl Ferrer defends his objections under the First Amendment to the U.S. Constitution to a U.S. Senate subpoena that he says inappropriately seeks information...

Mealey's IP/Tech - 5th Circuit Affirms: State Law Claim Preempted By Copyright Act

NEW ORLEANS - In a Jan. 11 ruling, the Fifth Circuit U.S. Court of Appeals upheld a Texas federal judge's determination that a state law claim of unfair competition by misappropriation - levied in connection with allegations of stolen instructional drawings - is preempted by the Copyright Act (Ultraflo...

Mealey's IP/Tech - Federal Circuit Says Patent Challenger Lacks Standing To Appeal

WASHINGTON, D.C. - An appellant seeking to challenge a final written decision by the Patent Trial and Appeal Board that confirmed the validity of a conjugated antibody patent was turned away on Jan. 9 by the Federal Circuit U.S. Court of Appeals (Phigenix Inc. v. ImmunoGen Inc., No. 16-1544, Fed. Cir...

Mealey's IP/Tech - New York Federal Judge Denies Dismissal Of Canon's Trademark Claims

CENTRAL ISLIP, N.Y. - A defendant's motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that he infringed the "Canon" trademark was rejected Jan. 11 by a New York federal judge (Canon-U.S.A. Inc. v. F&E Trading, LLC, et al., No. 15-6015, E.D. N.Y.; 2017...

Mealey's IP/Tech - Patent Board Grants Mylan Request For Review Of Cancer Treatment Patent

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Jan. 10 granted a petition for inter partes review (IPR) of a patented cancer treatment method but denied a petitioner's request for joinder with a similar IPR (Mylan Pharmaceuticals Inc. v. Janssen Oncology Inc., No. IPR2016-01332, PTAB).