LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Texas Federal Judge: Amending Copyright Complaint Would Be Futile

    DALLAS - A request by a copyright infringement plaintiff for leave to amend its pleading to add an individual defendant's corporate identity was rejected Dec. 16 by a Texas federal judge, who deemed the proposed amendment futile pursuant to 17 U.S. Code Section 507(b) (RBH Energy LLC v. Stuart L. Brown, No. 16-830, N.D. Texas; 2016 U.S. Dist. LEXIS 174072).

    Mealey's IP/Tech - Ashley Madison Operator, FTC Agree To $8.75M Judgment On Deceptive Acts Claims

    WASHINGTON, D.C. - On Dec. 14, the Federal Trade Commission and the operator of the Ashley Madison website filed a joint motion in District of Columbia federal court, seeking entry of a stipulated order on claims over the site operator's lapses in security that led to a 2015 data breach and its practice of creating false user profiles to induce customers to purchase its services (Federal Trade Commission v. ruby Corp., et al., No. 1:16-cv-02438, D. D.C.).

    Mealey's IP/Tech - Record Labels Ask High Court To Hear Dispute On DMCA Immunity For Pre-1972 Works

    WASHINGTON, D.C. - In a Dec. 14 petition for certiorari, a group of record labels ask the U.S. Supreme Court to decide whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA) provides for internet service providers apply to sound recordings from before 1972, which are governed by state law, rather than federal copyright law (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup.).

    Mealey's IP/Tech - Patent Injunction, Default Judgment Upheld By Federal Circuit

    WASHINGTON, D.C. - A permanent injunction barring an infringement and unfair competition defendant from using a washer mold as well as various images of a plaintiff's patented products was not overly broad, the Federal Circuit U.S. Court of Appeals concluded Dec. 15 (United Construction Products Inc. v. Tile Tech Inc., No. 16-1392, Fed. Cir.; 2016 U.S. App. LEXIS 22248).

    Mealey's IP/Tech - Federal Circuit: Inherent Anticipation Ruling In Patent Case Was Erroneous

    WASHINGTON, D.C. - A Wisconsin federal judge's finding that two patents were inherently anticipated by prior art was vacated Dec. 15 by the Federal Circuit U.S. Court of Appeals on the basis that genuine disputes of material fact should have precluded summary judgment (U.S. Water Services Inc., et al. v. Novozymes A/S, et al., Nos. 15-1950, -1967, Fed. Cir.; 2016 U.S. App. LEXIS 22244).

    Mealey's IP/Tech - Patent Board Confirms Rejection Of Computer Method Patent Claims

    ALEXANDRIA, Va. - A patent examiner did not err in deeming various claims of a patented method of generating a document guidance file unpatentable under 35 U.S. Code Section 103(a), the Patent Trial and Appeal Board ruled Dec. 15 (Ex parte Anil Kumar Padala, et al., No. 2016-000911, PTAB).

    Mealey's IP/Tech - Patent Board Grants Inter Partes Review Of LEGO Patent

    ALEXANDRIA, Va. - Citing three pieces of prior art, Patent Trial and Appeal Board on Dec. 16 agreed to review the patentability of a manual controller for manipulating images or symbols on a visual display (Rubicon Communications LP v. LEGO A/S, No. IPR2016-01187, PTAB).

    Mealey's IP/Tech - California Federal Jury: Apple Infringed Valid Patents, Owes $7.3 Million

    SAN FRANCISCO - A jury empaneled before U.S. Magistrate Judge Nathaniel M. Cousins of the Northern District of California sided squarely against Apple Inc. on Dec. 15, deeming the tech giant an infringer of two valid patents and awarding Core Wireless Licensing S.a.r.L. $7.3 million in reasonable royalty damages following a six-day trial (Core Wireless Licensing S.a.r.L. v. Apple Inc., No. 15-5008, N.D. Calif.).

    Mealey's IP/Tech - Supreme Court To Hear Case On Patent Infringement Action Venue Statutes

    WASHINGTON, D.C. - In a Dec. 14 order list, the U.S. Supreme Court granted certiorari to a patent infringement defendant to decide the standard for determining the proper venue for such infringement suits to be brought against a corporate entity (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).

    Mealey's IP/Tech - Patent Board: Section 102(d) No Grounds For Instituting Inter Partes Review

    ALEXANDRIA, Va. - A patent covering an apparatus for packing disposable objects, such as diapers, into a flexible tube will not be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Dec. 12 (Munchkin Inc. v. International Refills Company Ltd., No. IPR2016-01154, PTAB).

    Mealey's IP/Tech - Cisco's Ethernet Copyright, Patent Claims Defeated In California Federal Verdict

    SAN JOSE, Calif. - Claims of copyright and patent infringement brought by Cisco Systems Inc. against a competitor in the Ethernet switch market were rejected in a California federal jury's verdict Dec. 14, with the jury deeming the material not copyright protectable as scenes a faire and finding that Cisco failed to establish any infringement of its asserted command interface patent (Cisco Systems Inc. v. Arista Networks Inc., No. 14-5344, N.D. Calif.).

    Mealey's IP/Tech - Lenovo Spyware Plaintiffs Seek Approval Of Settlement With Software Designer

    SAN JOSE, Calif. - The plaintiffs in a class action against computer manufacturer Lenovo (United States) Inc. on Dec. 9 moved in California federal court for preliminary approval of a settlement with the co-defendant that designed the spyware at the heart of the lawsuit's computer fraud and invasion of privacy claims (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).

    Mealey's IP/Tech - Harvard, MIT Deny Websites' ADA Violations Alleged By Deaf Organization

    SPRINGFIELD, Mass. - In answers filed Dec. 9 in Massachusetts federal court, Harvard University and Massachusetts Institute of Technology (MIT) each deny a deaf advocacy organization's putative class claims that their websites violated federal law because they are not equally accessible for hearing-impaired individuals (National Association of the Deaf, et al. v. Harvard University, et al., No. 3:15-cv-30023, D. Mass; and National Association of the Deaf, et al. v. Massachusetts Institute of Technology, No. 3:15-cv-30024, D. Mass.).

    Mealey's IP/Tech - California High Court: Online Travel Firms Are Not 'Operators' In Tax Dispute

    SAN DIEGO - Affirming two lower courts' rulings, the California Supreme Court on Dec. 12 determined that online travel companies (OTCs) do not meet the definition of hotel "operators" in a San Diego tax ordinance and, thus, are not liable for paying transient occupancy tax amounts assessed by the city on hotel customers (In Re Transient Occupancy Tax Cases, No. S218400, Calif. Sup.; 2016 Cal. LEXIS 9592).

    Mealey's IP/Tech - 6th Circuit: Trademark Claims By Disc Jockey Against Rapper, Others Fail

    CINCINNATI - A Michigan federal judge did not err in rejecting allegations of trademark infringement levied in connection with a rapper's use of the stage name "Logic" because a plaintiff disc jockey operating as "DJ Logic" failed to demonstrate that consumers would likely be confused, the Sixth Circuit U.S. Court of Appeals ruled Dec. 13 (Lee Jason Kibler v. Robert Bryson Hall II, et al., No. 15-2516, 6th Cir.; 2016 U.S. App. LEXIS 22079).

    Mealey's IP/Tech - Federal Circuit Vacates, Remands Cancellation Of Service Marks By Board

    WASHINGTON, D.C. - In a ruling issued Dec. 12, the Federal Circuit U.S. Court of Appeals indicated its disagreement with the "approach" taken by the Trademark Trial and Appeal Board when it required a service mark owner to demonstrate use of its marks in connection with personnel placement and recruitment services in addition to its software-related offerings (In re: JobDiva Inc., No. 15-1960, Fed. Cir.; 2016 U.S. App. LEXIS 21974).

    Mealey's IP/Tech - D.C. Federal Judge Turns Away Jurisdictional Challenge In Trademark Case

    WASHINGTON, D.C. - A common-law trademark dispute over the corporate identity and assets of Jericho Baptist Church Ministries Inc. will proceed in the U.S. District Court for the District of Columbia, a federal judge there announced Dec. 9 (Jericho Baptist Church Ministries Inc. v. Jericho Baptist Church Ministries Inc., et al., No. 16-647, D. D.C.).

    Mealey's IP/Tech - 9th Circuit Won't Rehear Computer Fraud Suit Against Social Media Aggregator

    SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 9 declined a social media aggregator's petition to rehear an appeal in which the panel found that the aggregator violated the Computer Fraud and Abuse Act (CFAA) by sending solicitation messages to users of Facebook Inc. after being told to cease and desist such actions (Facebook Inc. v. Power Ventures Inc., et al., No. 13-17154, 9th Cir.; 2016 U.S. App. LEXIS 21944).

    Mealey's IP/Tech - Video-Streaming Firm Enjoined From Editing Movies In Copyright Suit

    LOS ANGELES - A video-on-demand (VOD) provider was hit with a preliminary injunction by a California federal judge Dec. 12 that prevents the firm from streaming, copying or editing works owned by the plaintiff movie studios, which accuse the company of infringement and circumventing their works' anti-piracy technology (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Partly Affirms, Vacates In Dispute Over Patented Power Chips

    WASHINGTON, D.C. - Citing a Delaware federal judge's incorrect instruction to jurors regarding the law on inducement, the Federal Circuit U.S. Court of Appeals on Dec. 12 vacated a verdict of infringement of two patents (Power Integrations Inc. v. Fairchild Semiconductor International Inc., et al., Nos. 15-1329, -1388, Fed. Cir.; 2016 U.S. App. LEXIS 21975).

    Mealey's IP/Tech - Supreme Court Vacates Patent Judgment, Cites Samsung Ruling

    WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 remanded a dispute over the patented ornamental design of a lip and hinge plate for a dock leveler to the Federal Circuit U.S. Court of Appeals, in light of the Supreme Court's Dec. 6 ruling in Samsung Electronics Co. Ltd., et al. v. Apple Inc. (No. 15-777, U.S. Sup.) (Systems, Inc. v. Nordock, Inc., No. 15-978, U.S. Sup.).

    Mealey's IP/Tech - Michigan Federal Judge Finds Jurisdiction Lacking In Lanham Act, Patent Case

    DETROIT - A declaratory judgment patent action, later amended to include a claim of false advertising under the Lanham Act, was dismissed Dec. 8 by a Michigan federal judge on grounds of lacking personal jurisdiction (Precision Extraction Corp. v. Udoxi Scientific LLC, No. 16-11972, E.D. Mich.; 2016 U.S. Dist. LEXIS 169981).

    Mealey's IP/Tech - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

    KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company LP v. Comcast Cable Communications LLC, et al., No. 11-2684 and Sprint Communications Company LP v. Time Warner Cable Inc., et al., No. 11-2686, D. Kan.; 2016 U.S. Dist. LEXIS 167849).

    Mealey's IP/Tech - Patent Covering Rapid-Dissolve Films Won't Be Reviewed By Patent Board

    ALEXANDRIA, Va. - Finding no likelihood that Dr. Reddy's Laboratories Inc. will prevail in showing that at least one claim of a patented rapid-dissolve film for orally administered active ingredients is invalid, the Patent Trial and Appeal Board on Dec. 5 denied inter partes review (IPR) (Dr. Reddy's Laboratories Inc. v. Monosol RX LLC, No. IPR2016-0111, PTAB).

    Mealey's IP/Tech - 9th Circuit Panel Denies Rehearing In Computer Fraud, Trade Secrets Suit

    SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Dec. 8 amended an earlier ruling in which it affirmed computer fraud and trade secrets convictions of a man who accessed his former employer's computer "without access," to deny his motion for rehearing en banc (United States of America v. David Nosal, No. 14-10037 and 14-10275, 9th Cir.).