LexisNexis® Legal Newsroom
Mealey's IP/Tech - California Magistrate Judge Dismisses Trademark Claim, Trade Libel Claim Survives

SAN FRANCISCO - A dispute between two beauty product suppliers will proceed in California federal court but without a claim for trademark infringement against an individual defendant, a federal magistrate judge ruled Nov. 27 (BioZone Laboratories Inc. v. Next Step Laboratories Corporation and Richard...

Mealey's IP/Tech - Abandonment Of Mark Not Proven, Washington Federal Judge Rules

SEATTLE - Although denying a trademark infringement plaintiff summary judgment, a Washington federal judge on Nov. 29 rejected assertions by defendants in the case that they "strictly proved" trademark abandonment (Kische USA LLC v. Ali Simsek, et al., No. 16-168, W.D. Wash., 2017 U.S. Dist...

Mealey's IP/Tech - Federal Circuit Vacates Obviousness Holding By Board, Sides With Microsoft

WASHINGTON, D.C. - Although affirming a construction by the Patent Trial and Appeal Board of the claim term "request," the Federal Circuit U.S. Court of Appeals on Dec. 1 nonetheless vacated in full the board's determination that two patents are nonobvious and partly vacated the board's...

Mealey's IP/Tech - Adult Site Owner's Petition Over Vicarious, Direct Copyright Infringement Denied

WASHINGTON, D.C. - In its Dec. 4 order list, the U.S. Supreme Court denied certiorari to the operator of an adult website that had appealed a Ninth Circuit U.S. Court of Appeals ruling that a usenet provider was not liable for direct or vicarious infringement of its copyrighted images due to a lack of...

Mealey's IP/Tech - Citing Micron, Federal Circuit Grants Mandamus Petition In Patent Case

WASHINGTON, D.C. - In a Nov. 15 grant of mandamus released Dec. 1, the Federal Circuit U.S. Court of Appeals vacated a Minnesota federal judge's decision to transfer a patent case to the U.S. District Court for the Western District of Pennsylvania (In re: Cutsforth Inc., No. 17-135, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Upholds Claim Constructions, Obviousness Holding

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various challenged patent claims would have been obvious to a person of skill in the art were affirmed Nov. 30 by the Federal Circuit U.S. Court of Appeals, which found no error in the board's differing construction of "internet...

Mealey's IP/Tech - Cattle Insemination Method Patent Is Obvious, Challenger Tells Board

ALEXANDRIA, Va. - In a Dec. 4 petition for inter partes review (IPR), a bovine reproductive technology company argues to the Patent Trial and Appeal Board that using sex-sorted sperm to produce two or more embryos of a desired sex is unpatentable pursuant to Sections 102 and 103 of the Patent Act, 35...

Mealey's IP/Tech - Florida Federal Judge: Trademark Not Promoted In Unsolicited Facsimiles

WEST PALM BEACH, Fla. - Citing a lack of personal jurisdiction over two defendants accused of violating the Telephone Consumer Protection Act (TCPA), a Florida federal judge on Dec. 1 reversed course, vacating his earlier finding that unsolicited facsimile (fax) advertisements bearing the "Ulesfia"...

Mealey's IP/Tech - Federal Circuit Largely Sides With Patent Board In Consolidated Appeal

WASHINGTON, D.C. - In a Dec. 5 ruling, the Federal Circuit upheld findings of patent invalidity by the Patent Trial and Appeal Board in two cases but ruled against the board - and in favor of three inter partes review (IPR) petitioners - in a third case, in which the board deemed the disputed technology...

Mealey's IP/Tech - Trademark Dispute Over Literacy Program Survives Dismissal Request In Texas

DALLAS - Efforts by a defendant to obtain dismissal of trademark infringement allegations stemming from the use of - among other things - a million-dollar bill bookmark in connection with a literacy program were unsuccessful on Dec. 5, when a Texas federal judge denied the request (Springboards to Education...

Mealey's IP/Tech - Board Cancels Various Claims Of User ID, Access Control Code Tracking Patent

ALEXANDRIA, Va. - In a Dec. 5 final written decision, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that various claims of a patented system for conveying geographical information about a person or object to a group of users would have been obvious to a person...

Mealey's IP/Tech - Insurer Asks 2nd Circuit To Find Wire Transfer Theft Is Not Covered Under Policy

NEW YORK - An insurer asked the Second Circuit U.S. Court of Appeals on Dec. 5 to reverse a lower court's finding that coverage for a firm's multimillion-dollar loss due to a fraudulent wire transfer scheme existed under the computer fraud provision of the company's executive protection insurance...

Mealey's IP/Tech - Spokeo Seeks 2nd Certiorari Grant Over Injury-In-Fact Standing Requirement

WASHINGTON, D.C. - Less than two years after the U.S. Supreme Court ruled on the concrete injury requirement to establish standing under Article III of the U.S. Constitution in a lawsuit over alleged violation of the Fair Credit Reporting Act (FCRA), the data aggregator defendant filed a renewed petition...

Mealey's IP/Tech - Indiana Magistrate Judge Denies Wal-Mart Request To Transfer Trademark Case

SOUTH BEND, Ind. - Efforts by Wal-Mart.com USA LLC and a co-defendant to move allegations of trademark infringement to the U.S. District Court for the Northern District of California were unsuccessful Dec. 6, when an Indiana federal magistrate judge found that "the only factor that narrowly favors...

Mealey's IP/Tech - Pedometer Patent Singled Out For Inter Partes Review In New Petition

ALEXANDRIA, Va. - A fitness technology company took aim Dec. 5 at a patented pedometer in a petition for inter partes review (IPR) by the Patent Trial and Appeal Board, asserting that the straps, step-counters, heart-rate monitors, data processors, transmitters and receivers included in the invention...

Mealey's IP/Tech - Federal Circuit Vacates False Marking Judgment, Affirms In Other Respects

WASHINGTON, D.C. - A Florida federal judge's rejection of allegations a patent owner failed to mark its products was vacated Dec. 7 by the Federal Circuit U.S. Court of Appeals, which found that although it is an accused infringer's duty to produce evidence of unmarked products, it remains a...

Mealey's IP/Tech - Board Sides Partly With Petitioner In Covered Business Method Patent Review

ALEXANDRIA, Va. - The Patent Trial and Appeal Board in a Dec. 7 ruling deemed 32 claims of a method patent for "Click Based Trading with Intuitive Grid Display of Market Depth" unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (IBG LLC, et al. v. Trading Technologies International...

Mealey's IP/Tech - Federal Circuit Denies Rehearing; Dissent Calls For Clarification On O2 Micro

WASHINGTON, D.C. - A divided en banc Federal Circuit U.S. Court of Appeals on Dec. 8 refused to rehear a dispute over two communication processing patents, leaving intact a July 2017 ruling that ordered a new trial in the case (NobelBiz Inc. v. Global Connect, L.L.C., et al., Nos. 16-1104, -1105, Fed...

Mealey's IP/Tech - Federal Circuit Partly Reverses Rejection Of Patent Application

WASHINGTON, D.C. - An examiner's rejection of six claims of a crossbar processing patent application as indefinite was reversed by the Federal Circuit U.S. Court of Appeals on Dec. 8 in light of a concession by the U.S. Patent and Trademark Office that the rejection was erroneous (In re: Blaise Laurent...

Mealey's IP/Tech - Federal Circuit Affirms: Post-Alice, Patent Case Lacked Merit

WASHINGTON, D.C. - A decision by a patent plaintiff to press on with its allegations in the wake of Alice Corp. v. CLS Bank International, despite knowledge that its claims lacked merit, entitled a defendant in the action to an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Dec...

Mealey's IP/Tech - Parties In Uber Trade Secrets Suit Won't Stipulate To Special Master Findings

SAN FRANCISCO - Parties in a trade secrets lawsuit alleging that a former employee of autonomous car development company Waymo LLC stole the company's trade secret information and provided it to his new employer, Uber Technologies Inc., on Dec. 7 refused to agree to stipulate to the findings of a...

Mealey's IP/Tech - Adult Film Firm May Subpoena ISP For File Sharer's Identity

SAN DIEGO - An adult entertainment firm has sufficiently established a prima facie copyright infringement case against a John Doe online file sharer, a California federal magistrate ruled Dec. 7, granting the plaintiff's motion to conduct expedited discovery on the Doe's internet service provider...

Mealey's IP/Tech - Computer Fraud Ruling Against Ex-Employee Partly Reversed By Louisiana Judge

NEW ORLEANS - A former employee's newly submitted evidence created material issues of fact on parts of his ex-employer's computer fraud and unfair trade practices claims against him, a Louisiana federal judge ruled Dec. 7, partly granting the defendant's reconsideration motion, while declining...

Mealey's IP/Tech - Copyright Claims Over Chanukah-Themed Party Accessories Survive In Part

NEW YORK - In a Dec. 8 ruling, a New York federal judge found that although menorahs and dreidels depicted on Chanukah-themed paper cups and plates are "indisputably unprotectable," a comparison in a copyright infringement case of competing cups and plates shows that the items share "virtually...

Mealey's IP/Tech - Federal Circuit To Hear Oral Arguments In Dispute Over Patent Priority Date

WASHINGTON, D.C. - In oral arguments scheduled for Dec. 13, the U.S. Patent and Trademark Office (PTO) will defend findings by the Patent Trial and Appeal Board that an appellant was not entitled to an earlier priority date through either actual reduction to practice or the exercise of reasonable diligence...