LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Lacks Jurisdiction Over Walker Process Patent Fraud Claim

    WASHINGTON, D.C. - Allegations that a patent owner violated Section 2 of the Sherman Act, 15 U.S.C. 2, and Sections 4 and 6 of the Clayton Act, 15 U.S.C. 4, 6, by committing fraud upon the U.S. Patent and Trademark Office (PTO) should proceed in the Fifth Circuit U.S. Court of Appeals, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Xitronix Corporation v. KLA-Tencor Corporation, No. 16-2746, Fed. Cir.).

    Mealey's IP/Tech - Coram Nobis, Documents Sought In Remanded Trade Secret, Computer Fraud Suit

    SAN FRANCISCO - In a pair of Feb. 7 reply briefs, a man found guilty of federal computer fraud and trade secret misappropriation charges asks a California federal court to grant him a writ of coram nobis to reconsider his prison sentence, in light of subsequent trade secret theft carried out by his former employer, which was his purported victim (United States v. David Nosal, No. 3:08-cr-00237, N.D. Calif.).

    Mealey's IP/Tech - Google Says Lack Of Direct Relationship Dooms Terror-Aiding Complaint

    OAKLAND, Calif. - Citing a recent Ninth Circuit U.S. Court of Appeals ruling, Google LLC in a Feb. 6 reply brief supporting its motion to again dismiss claims that it provided aid to the terrorists that carried out the 2015 Paris attacks asserts that the family of a victim failed to establish the necessary direct relationship to bring a claim under the Anti-Terrorism Act (ATA) (Reynaldo Gonzalez, et al. v. Google LLC, No. 4:16-cv-03282, N.D. Calif.).

    Mealey's IP/Tech - Efforts To Save Lee Statue With Copyright Claim Fail In Texas Federal Court

    DALLAS - In a Feb. 7 ruling, a Texas federal judge rejected an attempt to prevent the city of Dallas from removing a statue of Gen. Robert E. Lee from city property on grounds that the removal would constitute copyright infringement (Hiram Patterson, et al. v. Mike Rawlings, No. 17-2361, N.D. Texas, 2018 U.S. Dist. LEXIS 19873).

    Mealey's IP/Tech - Patent Ineligibility Findings Partly Affirmed, Partly Vacated By Federal Circuit

    WASHINGTON, D.C. - An Illinois federal judge erred in granting summary judgment that four claims of a digital file archival system are ineligible for patent protection under Section 101 of the Patent Act, 35 U.S.C. 101, but properly rejected four other claims, the Federal Circuit U.S. Court of Appeals concluded Feb. 8 (Steven Berkheimer v. HP Inc., No. 17-1437, Fed. Cir.).

    Mealey's IP/Tech - Waymo, Uber Reach Settlement In Trade Secrets Lawsuit

    SAN FRANCISCO - Waymo LLC and Uber Technologies Inc. on Feb. 9 agreed to settle their trade secrets misappropriation lawsuit, five days after the case went to trial on claims that a former Waymo employee stole the company's trade secret information and provided it to Uber in violation of state and federal trade secrets law, according to federal judge in California's order granting the parties' stipulation of dismissal (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

    Mealey's IP/Tech - Costs Awarded In New York Copyright Case; Judge Says Both Sides Unreasonable

    ALBANY, N.Y. - A New York federal judge on Feb. 7 awarded two prevailing copyright infringement defendants $38,247.89 in costs but deferred a ruling on the amount of attorney fees to be reimbursed and instead ordered additional briefing (Universal Instruments Corporation v. Micro Systems Engineering Inc., No. 13-831, N.D. N.Y., 2018 U.S. Dist. LEXIS 19662).

    Mealey's IP/Tech - Amazon Sues Tech Firm Over Patent Suits Targeting Amazon Cloud Customers

    SAN FRANCISCO - In the wake of at least 50 federal patent infringement lawsuits filed against its cloud-computing customers, Amazon.com Inc. on Feb. 5 sued the plaintiff in those suits in California federal court, seeking declarations of noninfringement and claim preclusion due to a previous judgment it obtained against the technology firm (Amazon.com Inc., et al. v. PersonalWeb Technologies LLC, et al., No. 3:18-cv-00767, N.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Vacates Allowance Of Some Patent Claims, Upholds Others

    WASHINGTON, D.C. - The Patent Trial and Appeal Board's allowance of various claims of a swimming pool water pump patent following inter partes re-examination (IPX) must be revisited in light of its analysis of a prior art reference, the Federal Circuit U.S. Court of Appeals ruled Feb. 7 (Hayward Industries Inc. v. Pentair Water Pool and Spa Inc., No. 17-1021, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit: Dolphin Drawing Is An Unprotectable Idea First Found In Nature

    SAN FRANCISCO - A California federal judge properly granted a defendant summary judgment on allegations that a pen and ink depiction of two dolphins crossing underwater was infringed, the Ninth Circuit U.S. Court of Appeals ruled Feb. 2 (Peter A. Folkens v. Wyland Worldwide LLC, et al., No. 16-15882, 9th Cir., 2018 U.S. App. LEXIS 2768).

    Mealey's IP/Tech - Federal Circuit Affirms Patent Board's Finding Of Nonobviousness

    WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that various claims of a motion-tracking patent would not have been obvious to a person of skill in the art was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Feb. 6 (Elbit Systems of America LLC v. Thales Visionix Inc., No. 17-1355, Fed. Cir., 2018 U.S. App. LEXIS 2892).

    Mealey's IP/Tech - On Remand From En Banc Court, Federal Circuit Panel Affirms Noninfringement Ruling

    WASHINGTON, D.C. - In a Feb. 6 decision, the Federal Circuit U.S. Court of Appeals agreed with a Delaware federal judge that two patents relating to the injectable bivalirudin drug Angiomax are not infringed by a series of abbreviated new drug applications (ANDAs) but remanded the case for a determination of whether the on-sale bar set forth at 35 U.S. Code Section 102(b) applies (The Medicines Company v. Hospira Inc., Nos. 2014-1469, -1504, Fed. Cir.).

    Mealey's IP/Tech - Nokia Seeks Review Of Blackberry Mobile Communication Patent

    ALEXANDRIA, Va. - Nine claims of a Blackberry Ltd. patent were anticipated by a patent application filed and published in 2006, Nokia of America Corp. tells the Patent Trial and Appeal Board in a Feb. 6 petition for inter partes review (IPR) (Nokia of America Corporation v. Blackberry Ltd., No. IPR2018-00583, PTAB).

    Mealey's IP/Tech - Judge Trims Expert's Testimony In Trade Secrets, Patent Dispute Over Antennas

    SHERMAN, Texas - An expert's opinions on the state of mind of defendants in a misappropriation of trade secrets suit and the legal definition of a trade secret are prohibited, although the expert's remaining testimony, as well as that of a second expert regarding damages, is admissible, a Texas federal judge held Jan. 30 (Quintel Technology Ltd. v. Huawei Technologies USA, Inc., et al., No. 4:15-cv-307, E.D. Texas, 2018 U.S. Dist. LEXIS 14485).

    Mealey's IP/Tech - 4th Circuit: Contributory Copyright Infringement Requires Proof Of Willful Blindness

    RICHMOND, Va. - In a Feb. 1 ruling, the Fourth Circuit U.S. Court of Appeals upheld a Virginia federal judge's determination that two internet service providers (ISPs) are not entitled to a safe-harbor defense to allegations of contributory copyright infringement, but vacated and reversed a jury's $25 million statutory damage award upon finding that jurors were presented with erroneous instructions (BMG Rights Management [US] LLC, et al. v. Cox Communications Inc., et al., No. 16-1972, 17-1352 and 17-1353, 4th Cir., 2018 U.S. App. LEXIS 2487).

    Mealey's IP/Tech - D.C. Federal Judge: USPTO Satisfied Freedom Of Information Act Request

    WASHINGTON, D.C. - A Freedom of Information Act (FOIA) request for documents relating to the U.S. Patent and Trademark Office (USPTO)'s Sensitive Application Warning System (SAWS) program was adequately fulfilled by the USPTO, according to a Jan. 31 ruling by a District of Columbia federal judge (R. Danny Huntington v. U.S. Department of Commerce, No. 15-2249, D. D.C., 2018 U.S. Dist. LEXIS 15430).

    Mealey's IP/Tech - Federal Circuit To Hold Arguments In Kodak Appeal Of Patent Board Holding

    WASHINGTON, D.C. - The Federal Circuit is scheduled to hear allegations in oral arguments on Feb. 1 by Eastman Kodak Co. and others that the Patent Trial and Appeal Board erred when deeming three claims of a "computer to plate" printing patent nonobvious (Eastman Kodak Company, et al., v. CTP Innovations, No. 17-1278, Fed. Cir.).

    Mealey's IP/Tech - U2 Wins Dismissal Of New York Copyright Dispute Over Guitar Solo

    NEW YORK - A composer and musician's allegation that the band U2 infringed his copyright during a guitar solo on the song "The Fly" is both "vague and sweeping," a New York federal judge ruled Jan. 30 (Paul Rose v. Paul David Hewson, p/k/a Bono, et al., No. 17-1471, S.D. N.Y., 2018 U.S. Dist. LEXIS 14840).

    Mealey's IP/Tech - 9th Circuit: Undelivered Apple Text Messages Did Not Violate Wiretap Act

    SAN FRANCISCO - Affirming dismissal of a putative Wiretap Act class action against Apple Inc., a Ninth Circuit U.S. Court of Appeals panel on Jan. 29 held that certain misclassified and undelivered text messages from Apple iMessage users were not intercepted in transit and, thus, did not violate the statute (Adam Backhaut, et al. v. Apple Inc., No. 15-17523, 9th Cir., 2018 U.S. App. LEXIS 2207).

    Mealey's IP/Tech - 10-Year MP3tunes Copyright Suit Settles For $39 Million

    NEW YORK - A New York federal judge on Jan. 26 approved an agreement and consent judgment, settling a decade-long copyright infringement lawsuit brought by a group of record labels and music publishers against the founder of now-defunct online music-sharing service MP3tunes LLC, assessing an agreed-upon $39 million judgment against the defendant and adjourning the case (Capitol Records LLC, et al. v. MP3tunes LLC, et al., No. 1:07-cv-09931, S.D. N.Y.).

    Mealey's IP/Tech - Federal Circuit: Patent Board Erred In Treatment Of Prior Art Reference

    WASHINGTON, D.C. - In a Jan. 30 decision, the Federal Circuit U.S. Court of Appeals partly affirmed a rejection by the Patent Trial and Appeal Board of various claims of a reciprocating rotary arthroscopic instrument patent but reversed with regard to others, amid findings that the board erred in deeming one prior art reference analogous (Smith & Nephew Inc. v. Hologic Inc., No. 17-1008, Fed. Cir.).

    Mealey's IP/Tech - Calif. Appeals Panel Reinstates Unruh, UCL Claims Over Tinder Age-Based Pricing

    LOS ANGELES - A California appellate panel on Jan. 29 "swipe[d] left" and reversed a trial court's ruling for Tinder Inc., finding that the lower court erred when it ruled that the dating application company did not violate the Unruh Act or California's unfair competition law (UCL) by charging older users more for its premium service than younger users (Allan Candelore v. Tinder, Inc., No. B270172, Calif. App., 2nd Dist., Div. 3, 2018 Cal. App. LEXIS 71).

    Mealey's IP/Tech - Maker Of Antipsychotic Drug Tells Federal Circuit Patent Is Infringed

    WASHINGTON, D.C. - In a Jan. 26 cross-appellant brief Forest Laboratories LLC argued that although a Delaware federal judge properly determined that two claims of the patented atypical antipsychotic drug Saphris were not obvious, she erred in finding that several generic drug makers' proposed products would not infringe (Forest Laboratories LLC v. Hikma Pharmaceuticals LLC, et al., No. 17-2369, Fed. Cir.).

    Mealey's IP/Tech - University Seeks Rehearing Of Decision To Deny Stay Of Inter Partes Review

    ALEXANDRIA, Va. - The Regents of the University of California on Jan. 26 urged the Patent Trial and Appeal Board to revisit a Jan. 12 order that denied the university a third extension of its deadline to file preliminary response to two petitions for inter partes review (IPR) by St. Jude Medical LLC (SJM) (St. Jude Medical LLC v. Regents of the University of California, Nos. IPR2017-01338, -01339, PTAB).

    Mealey's IP/Tech - Blind Man's ADA Suit Over Credit Union's Website Dismissed By Federal Judge

    ALEXANDRIA, Va. - Because a blind man failed to establish that he was a member of a defendant credit union, a Virginia federal judge on Jan. 26 ruled that he failed to claim a concrete and particularized injury to support the claim that the credit union's website was inaccessible in violation of the Americans with Disabilities Act (ADA) (Keith Carroll v. Northwest Federal Credit Union, No. 1:17-cv-01205, E.D. Va.).