LexisNexis® Legal Newsroom
    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 128432).

    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. 15-766, E.D. Texas, 2017 U.S. Dist. LEXIS 127965).

    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, S.D. N.Y., 2017 U.S. Dist. LEXIS 128946).

    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 - 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 America Inc., et al. v. Toshiba Corp., et al., No. 14-803; MiiCs and Partners America Inc. v. Funai Electric Co., et al., No. 14-804, D. Del., 2017 U.S. Dist. LEXIS 127745).

    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 counsel for conducting the deposition (Patricia Hone v. Wal-Mart, Inc., No. 14-1006, D. N.J., 2017 U.S. Dist. LEXIS 124736).

    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 fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 10 (AIA America Inc. v. Avid Radiopharmaceuticals, No. 16-2647, Fed. Cir., 2017 U.S. App. LEXIS 14745).

    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 deemed jurisdiction over the dispute lacking under the collateral order doctrine (Amgen Inc. v. Hospira Inc., No. 16-2179, Fed. Cir.).

    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 ordinary skill in the art (Comcast Cable Communications LLC v. Rovi Guides Inc., No. IPR2017-00744, PTAB).

    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 - 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 (Yellow Pages Photos Inc. v. Ziplocal LP, et al., No. 12-755, M.D. Fla., 2017 U.S. Dist. LEXIS 125028).

    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, N.D. Calif.).

    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 in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

    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 Pharmacy Services, LLC v. Alixa Rx LLC, et al., No. 4:15-cv-766, E.D. Texas, 2017 U.S. Dist. LEXIS 124423, 2017 U.S. Dist. LEXIS 123990).

    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 Foundation, No. 16-1123, Fed. Cir., 2017 U.S. App. LEXIS 14485).

    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 general liability insurer's motion to dismiss the insured's breach of contract suit (Med-Plus, Inc. v. American Casualty Company of Reading, PA, No. 16-2985, E.D. N.Y., 2017 U.S. Dist. LEXIS 123553).

    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, a California woman and her minor child allege in an Aug. 3 class complaint filed in the U.S. District Court for the Northern District of California (Amanda Rushing, et al. v. The Walt Disney Company, et al., No. 17-4419, N.D. Calif.).

    Mealey's IP/Tech - Federal Magistrate Judge Requests Briefing On Copyright Defenses

    SAN DIEGO - A California federal magistrate judge on Aug. 4 directed Conan O'Brien and other copyright infringement co-defendants to file a proposed amended answer and supplemental brief justifying their request to reopen discovery in the case, based upon representations by plaintiff's counsel that an underlying copyright registration will be canceled or corrected (Robert Alexander Kaseberg v. Conan O'Brien, et al., No. 15-1637, S.D. Calif., 2017 U.S. Dist. LEXIS 123703).

    Mealey's IP/Tech - Divided Federal Circuit Reverses Rejection Of Patent Validity Challenge

    WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that confirmed the validity of a household blender patent was reversed Aug. 4 by a divided Federal Circuit U.S. Court of Appeals (Homeland Housewares LLC v. Whirlpool Corporation, No. 16-1511, Fed. Cir., 2017 U.S. App. LEXIS 14332).

    Mealey's IP/Tech - Judge Says UPS Franchisees Lack Standing To Bring False Advertising Claims

    NEW YORK - A New York federal judge on Aug. 2 granted summary judgment to The UPS Store Inc., United Parcel Service and owners of Manhattan UPS stores accused of false advertising under the Lanham Act, saying that UPS franchisees lacked standing to bring their claims (The UPS Store, Inc., et al. v. Robert Hagan, et al., No. 14-cv-1210, S.D. N.Y., 2017 U.S. Dist. LEXIS 121352).

    Mealey's IP/Tech - California Federal Judge Dismisses Antitrust Claims, But Patent Claims Survive

    SAN FRANCISCO - Although a defendant won dismissal of allegations that he violated the Sherman Act, 15 U.S.C. 2, a plaintiff's request for a declaration of inequitable conduct before the U.S. Patent and Trademark Office (PTO) will proceed, a California federal judge ruled Aug. 2 (Ojmar US LLC v. Security People Inc., et al., No. 16-4948, N.D. Calif., 2017 U.S. Dist. LEXIS 121825).

    Mealey's IP/Tech - West Virginia Federal Judge Denies Relief In Copyright, Trade Secret Row

    CHARLESTON, W.Va. - Allegations of copyright infringement by a software provider against a former employee stemming from his allegedly unauthorized use of source code are unlikely to succeed, a West Virginia federal judge held Aug. 1, denying entry of preliminary injunctive relief (CSS Inc. v. Christopher Herrington, et al., No. 16-1762, S.D. W.Va., 2017 U.S. Dist. LEXIS 120396).

    Mealey's IP/Tech - Federal Circuit Upholds Rejection Of Patent Infringement Claims

    WASHINGTON, D.C. - A Connecticut federal judge did not err in finding that no reasonable juror could find that accused products using direct DNA and RNA detection infringe a patent covering indirect DNA and RNA detection, even under the doctrine of equivalents, the Federal Circuit U.S. Court of Appeals ruled Aug. 2 (Enzo Biochem Inc., et al. v. Applera Corp., et al., No. 16-1881, Fed. Cir., 2017 U.S. App. LEXIS 14125).

    Mealey's IP/Tech - PTAB Rejects Patent Challenge, Deems HIV Prodrug Patentable

    ALEXANDRIA, Va. - An inter partes review of the patented HIV-inhibiting prodrug Lexiva ended in a July 28 ruling by the Patent Trial and Appeal Board confirming the patentability of five disputed claims, effectively blocking generic entry to the market for the full length of owner Vertex Pharmaceuticals Inc.'s patent term (Lupin Ltd. v. Vertex Pharmaceuticals Incorporated, No. IPR2016-00558, PTAB).

    Mealey's IP/Tech - New York Federal Judge Sides With Trademark Owner, Issues Relief

    ALBANY, N.Y. - A dispute over the "FLAX" trademark was resolved Aug. 1 in favor of the mark owner, when a New York federal judge found that a defendant's use of "Dr. Flax" was likely to cause confusion (Heartland Trademarks Ltd. v. Dr. Flax LLC, No. 17-795, N.D. N.Y., 2017 U.S. Dist. LEXIS 120440).