LexisNexis® Legal Newsroom
    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.).

    Mealey's IP/Tech - Petitioner Tells Patent Board Taylor Made Golf Club Head Is Obvious

    ALEXANDRIA, Va. - A global golf equipment manufacturer on Jan. 26 petitioned the Patent Trial and Appeal Board for inter partes review of a Taylor Made Golf Company Inc. patent relating to a "wood-type golf club head" (Parsons Xtreme Golf LLC v. Taylor Made Golf Company Inc., No. IPR2018-00537, PTAB).

    Mealey's IP/Tech - Fee Award Recommended In Copyright Dispute Over Beatles Footage

    NEW YORK - In a Jan. 25 report and recommendation, a New York federal magistrate judge found that a copyright infringement dispute over footage of the Beatles performing at Shea Stadium in 1965 was unreasonable (Sid Bernstein Presents LLC v. Apple Corps Limited, et al., No. 16-7084, S.D. N.Y., 2018 U.S. Dist. LEXIS 13335).

    Mealey's IP/Tech - California Federal Jury Renders $26.7 Million Patent Infringement Verdict

    SAN FRANCISCO - A patent dispute over noninvasive prenatal testing (NIPT) ended in an infringement verdict Jan. 25 in a California federal court (Illumina Inc. v. Ariosa Diagnostics Inc., No. 12-5501, N.D. Calif.).

    Mealey's IP/Tech - Patent Board: 8 Claims Of Cellular Communications Patent Are Obvious

    ALEXANDRIA, Va. - In a Jan. 23 final written decision, the Patent Trial and Appeal Board sided squarely with several petitioners seeking inter partes review of a Cellular Communications Equipment LLC patent relating to the 3rd Generation Partnership Project (3GPP) Long Term Evolution (LTE) wireless communication system (Apple Inc., et al. v. Cellular Communications Equipment LLC, No. IPR2016-01480, PTAB).

    Mealey's IP/Tech - Missouri Federal Judge Dismisses Service Mark Claims By Karaoke Company

    ST. LOUIS - Allegations of service mark infringement against four defendants were dismissed by a Missouri federal judge on Jan. 23, based upon findings that a karaoke licensing company is unlikely to succeed on the merits of its claims (Phoenix Entertainment Partners LLC v. Sports Legends LLC, et al., No. 17-1209, E.D. Mo., 2018 U.S. Dist. LEXIS 10381).

    Mealey's IP/Tech - Federal Circuit: Patent Board Must Revisit Patentability Holding

    WASHINGTON, D.C. - In a Jan. 25 ruling, the Federal Circuit U.S. Court of Appeals found that the Patent Trial and Appeal Board failed to address arguments regarding the patentability of various dependent patent claims separately from independent claims deemed unpatentable in a separate inter partes review (IPR) (MaxLinear Inc. v. CF Crespe LLC, No. 17-1039, Fed. Cir.).

    Mealey's IP/Tech - New Jersey Federal Judge Won't Dismiss Induced, Willful Infringement Claims

    TRENTON, N.J. - Efforts by Telebrands Inc. - maker of the "Polar Pooch" self-cooling mat - to obtain dismissal of allegations that it induced others to infringe two cooling platform patents were unsuccessful Jan. 24, when a New Jersey federal judge deemed the claim sufficient under the Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), pleading standards (The Green Pet Shop Enterprises LLC v. Telebrands Inc., No. 17-6179, D. N.J.).

    Mealey's IP/Tech - Paris Attack Victim's Family Says Google Is Not Immune From Terror-Aiding Claims

    OAKLAND, Calif. - Google LLC cannot claim immunity from terror-aiding claims under the Anti-Terrorism Act (ATA), the family of a terror attack victim argues in a Jan. 22 brief opposing Google's renewed dismissal motion, telling a California federal court that the immunity provision of the Communications Decency Act (CDA) does not apply to ATA claims or to acts committed outside the United States (Reynaldo Gonzalez, et al. v. Google LLC, No. 4:16-cv-03282, N.D. Calif.).

    Mealey's IP/Tech - Apple Petitions Board For Review Of Battery Current Control Patent

    ALEXANDRIA, Va. - A Uniloc USA Inc. patent disclosing, among other things, a method of discharging a battery once a battery hits a predetermined temperature threshold would have been obvious to a person of skill in the art (POSITA), Apple Inc. asserts in a Jan. 23 petition for inter partes review (Apple Inc. v. Uniloc USA Inc., No. IPR2018-00523, PTAB).

    Mealey's IP/Tech - Federal Circuit Upholds Texas Judge; Patents Survive Section 101 Challenge

    WASHINGTON, D.C. - Four claims of two Core Wireless Licensing S.A.R.L. patents directed to a small screen display interface are patent-eligible under Section 101 of the Patent Act, 35 U.S.C. 101, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 25 (Core Wireless Licensing S.A.R.L. v. LG Electronics Inc., et al., Nos. 2016-2684, 2017-1922, Fed. Cir.).

    Mealey's IP/Tech - Montana, New York Governors Issue Statewide Net Neutrality Executive Orders

    In a pair of executive orders issued Jan. 22 and 24, respectively, the governors of Montana and New York each established statewide requirements that government offices contract only with internet service providers (ISPs) that agree to abide by the "free and open internet" principles known collectively as "net neutrality."

    Mealey's IP/Tech - Insurer Has No Duty To Pay For Independent Counsel In Copyright Suit, Panel Says

    CHICAGO - An Illinois appeals panel on Jan. 22 affirmed a lower court's ruling that a commercial general liability insurer has no obligation to reimburse its insured for more than $16,000 in independent counsel fees incurred in an underlying copyright infringement dispute, rejecting the insured's contention that a conflict of interest entitled it to independent counsel (Bean Products, Inc. v. Scottsdale Insurance Co., No. 1-17-0421, Ill. App., 1st Dist., Div. 1, 2018 Ill. App. Unpub. LEXIS 89).

    Mealey's IP/Tech - California Federal Judge Orders YouTube, Google To Show Cause For Removal

    LOS ANGELES - A recent removal by YouTube LLC and Google Inc. of a purported copyright action to California federal court and subsequent request for dismissal prompted a California federal judge on Jan. 22 to enter an order to show cause for why the case should not be returned to Los Angeles County Superior Court (Akiko Kijimoto v. YouTube LLC, et al., No. 17-8184, C.D. Calif., 2018 U.S. Dist. LEXIS 9918).

    Mealey's IP/Tech - ABA Tells Federal Circuit: PTO Fee Awards Would 'Hamper Access To Justice'

    WASHINGTON, D.C. - In a Jan. 23 amicus brief, the American Bar Association (ABA) urges the Federal Circuit U.S. Court of Appeals to undo its June 2017 ruling that the U.S. Patent and Trademark Office (USPTO) may seek recovery of its attorney fees when it must defend its rejection of a patent application in court (Nantkwest Inc. v. Joseph A. Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).

    Mealey's IP/Tech - Counterclaim Of Copyright Invalidity Stricken As Redundant By Federal Judge

    CHICAGO - A counterclaim seeking a declaration of copyright invalidity is "unnecessary" in light of affirmative defenses of fair use, first sale, acquiescence and license raised in response to allegations of copyright infringement, an Illinois federal judge ruled Jan. 23 (Maui Jim Inc. v. SmartBuyGlasses Optical Limited, No. 16-9788, N.D. Ill., 2018 U.S. Dist. LEXIS 10093).