LexisNexis® Legal Newsroom
Mealey's IP/Tech - Class Suit Accuses Disney Of Tracking Children's Data Via Apps And Selling It

SAN FRANCISCO - The Walt Disney Co. and its partners violate the Children's Online Privacy Protection Act (COPPA) by capturing children's personally identifying information while they are playing Disney's online games via smart phone apps and then selling that information to third parties...

Mealey's IP/Tech - Potential For Punitive Damages Creates Conflict Of Interest, Federal Judges Rules

BROOKLYN, N.Y. - A New York federal judge on Aug. 3 granted an insured's motion for partial summary judgment by declaring that it is entitled to independent counsel in an underlying trademark infringement lawsuit insofar as the underlying action involves claims for punitive damages, denying a commercial...

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

WASHINGTON, D.C. - The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier...

Mealey's IP/Tech - Expert Testimony In Patent, Trade Secrets Action Allowed By Federal Judge

SHERMAN, Texas - A Texas federal judge on Aug. 7 declined to exclude testimony from two experts for a pharmaceutical company asserting patent infringement and trade secret misappropriation claims against rival companies, ruling that the experts' opinions meet all standards for expert testimony (Tech...

Mealey's IP/Tech - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business...

Mealey's IP/Tech - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369...

Mealey's IP/Tech - Florida Federal Judge Grants $1.1 Million Fee Award In Copyright Case

TAMPA, Fla. - On remand from the 11th Circuit U.S. Court of Appeals, a Florida federal judge on Aug. 8 found that although the number of hours spent pursuing copyright infringement claims was "excessively high," a plaintiff was nonetheless entitled to an award of $1.1 million in attorney fees...

Mealey's IP/Tech - Virginia Federal Judge Directs Trademark Office To Register Booking.com

ALEXANDRIA, Va. - In an Aug. 9 ruling, a Virginia federal judge declared "Booking.com" a descriptive trademark that has acquired secondary meaning in Class 43 for hotel reservation services (Booking.com B.V. v. Joseph Matal, No. 16-425, E.D. Va., 2017 U.S. Dist. LEXIS 126320).

Mealey's IP/Tech - Patent Board Grants Comcast Inter Partes Review Petition

ALEXANDRIA, Va. - In an Aug. 8 decision, the Patent Trial and Appeal Board found that Comcast Cable Communications LLC established a reasonable likelihood that it will prevail on its allegation that at least one of 24 claims in an interactive program guide patent would have been obvious to a person of...

Mealey's IP/Tech - With Jurisdiction Lacking, Writ Compelling Discovery Denied In Patent Case

WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which...

Mealey's IP/Tech - Federal Circuit: No Right To Jury Trial In Section 285 Disputes

WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney...

Mealey's IP/Tech - Judge Bars Wal-Mart's Use Of Discovery Obtained From Deposition Of Physician

TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's...

Mealey's IP/Tech - Delaware Federal Judge Enters Partial Judgment Of No Patent Infringement

WILMINGTON, Del. - Allegations by two plaintiffs that 12 patents were infringed by the manufacture and sale of certain televisions, laptops and tablets were partly dismissed Aug. 11 by a Delaware federal judge on the basis of license agreements that cover some of the accused products (MiiCs and Partners...

Mealey's IP/Tech - Petitioner Tells Board: Spinal Stimulation Patent Would Have Been Obvious

ALEXANDRIA, Va. - Six claims of a patented system for spinal cord stimulation (SCS) are targeted in an Aug. 11 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Nevro Corp. v. Boston Scientific Neuromodulation Corp., No. IPR2017-01920, PTAB).

Mealey's IP/Tech - New York Federal Judge Issues $19.35 Million Award In Trademark Case

NEW YORK - A dispute over engagement rings marketed by Costco Wholesale Corp. with "Tiffany" signage ended in a $19.35 million award on Aug. 14, when a New York federal judge agreed that the jeweler is entitled to trebled damages (Tiffany and Company v. Costco Wholesale Corp., No. 13-1041,...

Mealey's IP/Tech - Texas Federal Judge Orders New Deposition In Patent Case

SHERMAN, Texas - A plaintiff will be permitted another opportunity to depose the author of a patent opinion letter at the expense of an infringement defendant "as a remedy" for conduct by defense counsel, a Texas federal judge ruled Aug. 11 (Tech Pharmacy Services LLC v. Alixa Rx LLC, No. 15...

Mealey's IP/Tech - Citing TC Heartland, Tennessee Federal Judge Transfers Patent Case

KNOXVILLE, Tenn. - A dispute over a patented plastic bifold table sold within the Eastern District of Tennessee should proceed in Michigan federal court, a Tennessee federal judge concluded Aug. 14 (Maxchief Investment Limited v. Plastic Development Group LLC, No. 16-63, E.D. Tenn., 2017 U.S. Dist. LEXIS...

Mealey's IP/Tech - 9th Circuit: Alleged Harm From Inaccurate Online Listing Is Concrete Injury

SAN FRANCISCO - Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged...

Mealey's IP/Tech - Divided Federal Circuit Says Patent Recites A Technological Improvement

WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual...

Mealey's IP/Tech - Web Host Opposes DOJ's Warrant To Seize User Records From Activist Website

WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad...

Mealey's IP/Tech - LinkedIn Enjoined From Blocking Analytics Firm's Access To Data

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud...

Mealey's IP/Tech - Samsung To Federal Circuit: Hot-Spot Patent Properly Deemed Obvious

WASHINGTON, D.C. - In an Aug. 11 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Samsung Electronics Co. Ltd. and related entities defended the propriety of a December 2016 ruling by the Patent Trial and Appeal Board, which deemed myriad claims of a wireless hot-spot technology patent...

Mealey's IP/Tech - Apple Tells Patent Board Physiological Sensor Patent Is Obvious

ALEXANDRIA, Va. - In an Aug. 15 petition for inter partes review (IPR) before the Patent Trial and Appeal Board, Apple Inc. argues that a noninvasive physiological sensor patent "attempts to claim" a "simple concept" that had "been in common usage years before" the underlying...

Mealey's IP/Tech - Patented Multiple Sclerosis Treatment Regimen Targeted In New Petition

ALEXANDRIA, Va. - A Novartis A.G. patent covering a method of administering the immunosuppressant fingolimod hydrochloride (FTY720) would have been obvious to a person of skill in the art, two drug companies argue in an Aug. 15 petition for inter partes review (IPR) by the Patent Trial and Appeal Board...

Mealey's IP/Tech - Amazon Wins Dismissal Of Copyright Claims In Pennsylvania Federal Court

PHILADELPHIA - A Pennsylvania federal judge on Aug. 16 agreed with Amazon.com Inc. and Amazon Web Services Inc. (moving defendants, collectively) that a pro se plaintiff's claims of copyright infringement and unfair competition under the Lanham Act should be dismissed (Gordon Roy Parker v. PayPal...