LexisNexis® Legal Newsroom
    Mealey's IP/Tech - 2nd Circuit Affirms Trademark Ownership, Laches Determinations

    NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 8 upheld findings by a New York federal judge that a dispute over the "Kehot" trademark and a related logo is barred by the doctrine of laches, citing a 16-year delay between when the trademark owner learned of the unauthorized use and when it levied a counterclaim of infringement (Vaad L'Hafotzas Sichos Inc., et al. v. Merkos L'Inyonei Church Inc., Nos. 16-2934, -3364, 2nd Cir., 2017 U.S. App. LEXIS 17360).

    Mealey's IP/Tech - Government: Ex-Employee's Database Access Exceeded Authority Under CFAA

    WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals correctly found that a man's acquisition of his former employer's trade secrets occurred via unauthorized access of the firm's computer system in violation of the Computer Fraud and Abuse Act (CFAA), the U.S. government tells the U.S. Supreme Court in a Sept. 5 brief opposing the ex-employee's petition for certiorari, arguing that the ruling created no split among the federal appeals courts (David Nosal v. United States, No. 16-1344, U.S. Sup.).

    Mealey's IP/Tech - Texas Federal Judge Dismisses, With Leave To Amend, Trademark Claims

    DALLAS - Allegations of trademark infringement against a nonprofit public charter school network and two entities that oversee the charter schools were dismissed Sept. 7 by a Texas federal judge, on grounds that the complaint fails to allege specific acts of infringement by specific defendants (Springboards to Education Inc. v. KIPP Foundation, et al., No. 16-2436, N.D. Texas, 2017 U.S. Dist. LEXIS 144709).

    Mealey's IP/Tech - Jack In The Box Franchisee Appeals Breach, Trademark Judgment To 9th Circuit

    SAN FRANCISCO - A trial court erred in granting judgment to Jack in the Box Inc. (JIB) on contractual and trademark infringement claims related to the termination of franchise agreements, an ex-franchisee of the fast-food chain argues in a Sept. 5 brief in the Ninth Circuit U.S. Court of Appeals, contending that genuine disputed issues of material fact exist (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir.).

    Mealey's IP/Tech - Illinois Federal Judge: Copyright Dispute Over Updated Manual Can Proceed

    CHICAGO - In a Sept. 6 order, an Illinois federal judge deemed allegations by a not-for-profit corporation that a defendant infringed a copyrighted accreditation manual adequately pleaded to survive a motion to dismiss (The Joint Commission of Accreditation of Healthcare Organizations v. Fortis Business Media LLC, No. 16-4724, N.D. Ill., 2017 U.S. Dist. LEXIS 144217).

    Mealey's IP/Tech - New Jersey Federal Judge Transfers Patent Action To Minnesota Court

    TRENTON, N.J. - Allegations of infringement involving a patented laser light decorative lighting apparatus should proceed in Minnesota federal court, a New Jersey federal judge ruled Sept. 6 (Telebrands Corp. v. Seasonal Specialties, No. 17-3390, D. N.J., 2017 U.S. Dist. LEXIS 143900).

    Mealey's IP/Tech - High-Voltage Switching Patent Is Obvious, Petitioner Tells Board

    ALEXANDRIA, Va. - A claimed centralized control system for the management of distribution and sales of electricity in a spot market was targeted for inter partes review (IPR) by the Patent Trial and Appeal Board in a Sept. 6 petition (Electric Reliability Council of Texas v. GRID Innovations LLC, No. IPR2017-02033, PTAB).

    Mealey's IP/Tech - Dismissal Of TCPA Suit Over Facebook Text Messages Appealed To 9th Circuit

    SAN FRANCISCO - Arguing that he sufficiently alleged that repeated, unwanted text messages from Facebook Inc. were sent using an automatic telephone dialing system (ATDS), a Montana man tells the Ninth Circuit U.S. Court of Appeals in a Sept. 1 brief that a trial court erred in dismissing his putative class action against the social network under the Telephone Consumer Protection Act (TCPA) (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.).

    Mealey's IP/Tech - Federal Circuit: Protocol Processing Patent Properly Held Obvious

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 6 upheld findings by the Patent Trial and Appeal Board that a patented apparatus and method for cryptographic processing with the serial advanced technology attachment (SATA) protocol is unpatentable under Section 103 of the Patent Act, 35 U.S.C. 103 (Enova Technology Corp. v. Seagate Technology LLC, et al., No. 16-1749, Fed. Cir., 2017 U.S. App. LEXIS 17173).

    Mealey's IP/Tech - T-Mobile Gets Divided Ruling In Bid To Exclude Patentee's Expert Opinions

    MARSHALL, Texas - An expert can opine that accused patent infringer T-Mobile "made" a product, rather than just "used" it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606).

    Mealey's IP/Tech - Mississippi Federal Judge Denies Relief In Trade Dress Dispute

    GREENVILLE, Miss. - Allegations that two defendants infringed trade dress through their design and sale of bracelets featuring a "tapered clasp" and other confusingly similar jewelry will proceed without a preliminary injunction in place, a Mississippi federal judge ruled Sept. 5 (Ronaldo Designer Jewelry Inc. v. James B. Cox, et al., No. 17-2, N.D. Miss., 2017 U.S. Dist. LEXIS 143047).

    Mealey's IP/Tech - New York Federal Judge Denies Dismissal, Sanctions In Trademark Dispute

    BUFFALO, N.Y. - A New York federal magistrate judge's recommendation that a motion to dismiss trademark infringement and unfair competition allegations be denied was adopted in full on Sept. 5 by a New York federal judge, who agreed that the plaintiff "fleshes out its claim in considerable detail" and that the claims are not frivolous (Sit N' Stay Pet Services Inc. v. Carrie Hoffman, No. 17-116, W.D. N.Y., 2017 U.S. Dist. LEXIS 143206).

    Mealey's IP/Tech - California Federal Judge: 4 Asserted Patents Claim Ineligible Subject Matter

    SAN FRANCISCO - A California federal judge on Sept. 1 granted Yahoo! Inc. dismissal of allegations that the search engine infringed four patents, after determining that each of the patents runs afoul of Section 101 of the Patent Act, 35 U.S.C. 101 (TS Patents LLC v. Yahoo! Inc., No. 17-1721, N.D. Calif., 2017 U.S. Dist. LEXIS 142573).

    Mealey's IP/Tech - Facebook Challenges Denial Of Inter Partes Review By Patent Board

    ALEXANDRIA, Va. - A decision by the Patent Trial and Appeal Board to deny inter partes review of a digital streaming patent was "a manifest error," Facebook Inc. alleges in a Sept. 1 request for rehearing (Facebook Inc. v. Skyy LLC, No. IPR2017-00691, PTAB).

    Mealey's IP/Tech - Federal Circuit Panel Upholds $91M Verdict In Trade Secrets Lawsuit

    WASHINGTON, D.C. - A federal district court did not err in denying a company's motion for a new trial following a jury's award of a $70 million verdict on claims for misappropriation of trade secrets and a federal judge's order requiring the company to pay an additional $21 million because a damages award in the action was not "against the clear weight of the evidence," a Federal Circuit U.S. Court of Appeals panel ruled Sept. 1 in affirming the lower court's ruling (CardiAQ Valve Technologies, Inc. v. Neovasc Inc., Nos. 17-1302, 17-1513, Fed. Cir., 2017 U.S. App. LEXIS 16856).

    Mealey's IP/Tech - Federal Circuit Won't Rehear Dispute Over Apportioned Patent Damages

    WASHINGTON, D.C. - A deeply divided Federal Circuit U.S. Court of Appeals on Sept. 1 rejected a request for panel rehearing and rehearing en banc of a March ruling that upheld a $36 million lost profits award in a patent case (Mentor Graphics Corp. v. Synopsys Inc., et al., Nos. 2015-1470, -1554, -1556, Fed. Cir., 2017 U.S. App. LEXIS 16854).

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

    ALEXANDRIA, Va. - A patent covering machines or groups of machines that monitor the location of vehicles and freight would have been obvious to a person of skill in the art (POSITA), a frozen food company alleges in an Aug. 31 petition for inter partes review by the Patent Trial and Appeal Board (Ruiz Food Products Inc. v. MacroPoint LLC, No. IPR2017-02018, PTAB).

    Mealey's IP/Tech - New York Federal Judge Grants Request For Dismissal Of Software Copyright Case

    NEW YORK - Allegations that a law firm specializing in real estate and four of its partners infringed copyrighted software were dismissed, with leave to amend, by a New York federal judge on Aug. 30 on grounds that the complaint lacks requisite specificity (Automated Management Systems Inc. v. Rappaport Hertz Cherson Rosenthal, et al., No. 16-4762, S.D. N.Y., 2017 U.S. Dist. LEXIS 139728).

    Mealey's IP/Tech - Federal Circuit Grants Rehearing In Dispute Over Patent Office Fee Award

    WASHINGTON, D.C. - In an en banc, sua sponte order issued Aug. 31, the Federal Circuit U.S. Court of Appeals announced that it will rehear a dispute over the U.S. Patent and Trademark Office (PTO)'s entitlement to attorney fees upon a successful defense of a rejected patent application (NantKwest Inc. v. Joseph Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).

    Mealey's IP/Tech - Volatile Memory System Patent Singled Out For Inter Partes Review

    ALEXANDRIA, Va. - A patent claiming a volatile memory system with data-retention capabilities during low-power situations would have been obvious to a person of skill in the art, as well as anticipated by prior art, Samsung Electronics America Inc. alleges in an Aug. 28 petition for inter partes view by the Patent Trial and Appeal Board (Samsung Electronics America Inc. v. James B. Goodman, No. IPR2017-02021, PTAB).

    Mealey's IP/Tech - Domain Registrar Tells 4th Circuit False Advertising Suit Was Not Exceptional

    RICHMOND, Va. - An internet domain registry firm, whose Lanham Act false advertising claims against a competitor failed, argues in an Aug. 30 brief in the Fourth Circuit U.S. Court of Appeals that a trial court properly declined to award attorney fees to the prevailing defendant because the claims were reasonable and supported by evidence (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).

    Mealey's IP/Tech - Massachusetts Federal Judge Denies Micron Request For Dismissal Of Patent Claims

    BOSTON - Allegations by the president and fellows of Harvard College that a defendant infringed two Harvard patents should proceed in Massachusetts, a federal judge ruled Aug. 30 in the latest case to address the implications of the May 2017 U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) (President and Fellows of Harvard College v. Micron Technology Inc., No. 16-11429, D. Mass., 2017 U.S. Dist. LEXIS 139485).

    Mealey's IP/Tech - 9th Circuit Denies Rehearing, Amends Ruling In Trademark Case

    SAN FRANCISCO - The same three-judge panel of the Ninth Circuit U.S. Court of Appeals that on July 11 rejected efforts by a trademark infringement defendant to rely on the Tea Rose-Rectanus doctrine - so-named for Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), (Tea Rose) and United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) - voted Aug. 30 to deny a petition to rehear the case (Stone Creek Inc. v. Omnia Italian Design Inc., No. 15-17418, 9th Cir., 2017 U.S. App. LEXIS 16632).

    Mealey's IP/Tech - United Technologies Tells Patent Board It Will Appeal Ruling To Federal Circuit

    ALEXANDRIA, Va. - A patent owner on Aug. 28 announced its intent to appeal a June 2017 adverse inter partes review (IPR) holding to the Federal Circuit U.S. Court of Appeals (General Electric Company v. United Technologies Corporation, No. IPR2016-00533, PTAB).

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

    ALEXANDRIA, Va. - A request by Comcast Cable Communications LLC for inter partes review (IPR) of an interactive program guide patent was granted Aug. 28 by the Patent Trial and Appeal Board, which agreed that a person of skill in the art (POSITA) would have been motivated to combine several prior art references to arrive at the claimed invention (Comcast Cable Communications LLC v. Rovi Guides Inc., No. IPR2017-00867, PTAB).