LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Judge: Website, Seminars Confer Jurisdiction In 'Brainspotting' Trademark Suit

    NEW YORK - A defendant's "highly interactive" website, coupled with the fact that she conducted seminars and engaged in marketing activities in New York, are sufficient to establish jurisdiction in the state, a New York federal judge ruled May 10, denying a motion to dismiss a lawsuit over alleged infringement of the "Brainspotting" trademark (David Grand v. Lisa Schwarz, No. 1:15-cv-08779, S.D. N.Y.; 2016 U.S. Dist. LEXIS 61606).

    Mealey's IP/Tech - Tyson Foods Prevails In Trademark Dispute Over 'Park's Finest' Franks

    PHILADELPHIA - A defense motion for summary judgment was granted May 10 by a Pennsylvania federal judge, who found that "no reasonable factfinder could find" in favor of a plaintiff on its allegations that "Park's Finest" frankfurters infringe the "Parks" trademark as applied to breakfast and dinner sausages (Parks LLC v. Tyson Foods Inc., et al., No. 15-946, E.D. Pa.; 2016 U.S. Dist. LEXIS 61510).

    Mealey's IP/Tech - Washington Federal Judge Dismisses Copyright Case On Jurisdiction Grounds

    TACOMA, Wash. - A copyright infringement dispute between a website development company and a chiropractic firm that retained the developer's services was dismissed May 6 by a Washington federal judge, who found that the developer "has failed to show any substantial contacts" by the company in Washington "beyond the existence of the contract" (Williams Business Services Inc. v. Waterside Chiropractic Inc., No. 14-5873, W.D. Wash.; 2016 U.S. Dist. LEXIS 60529).

    Mealey's IP/Tech - Former Law Firm Employees Argue Against Sanctions For Not Preserving Smartphones

    FORT LAUDERDALE, Fla. - In a May 9 brief in Florida federal court, two former legal assistants, who are defendants in a computer fraud lawsuit, argue that sanctions are not merited for their failure to keep smartphones they owned at the time they purportedly hacked into their former employer's email system, contending that they did not act willfully or in bad faith (Goldstein Law Group P.A. v. Leviette Machado, et al., No. 0:15-cv-61145, S.D. Fla.).

    Mealey's IP/Tech - Judge: False Advertising Claim Regarding Eye Supplements Fails To Trigger Coverage

    DETROIT - A Michigan federal judge held May 9 that an underlying false advertising claim against a manufacturer insured does not constitute a personal and advertising injury under business and umbrella liability insurance policies, granting the insurer's motion for summary judgment in a breach of contract dispute (Vitamin Health, Inc. v. Hartford Casualty Insurance Co., No. 15-10071, E.D. Mich., Southern Div.; 2016 U.S. Dist. LEXIS 60858).

    Mealey's IP/Tech - Federal Judge Sides With Defendant On Copyright Claim, Expert Challenge

    HOUSTON - A Texas federal judge on May 9 rejected as time-barred allegations that a seller of aftermarket non-original equipment manufacturer (OEM) replacement parts for a plaintiff's machinery and equipment violated the Copyright Act (Alfa Laval Inc. v. Flowtrend Inc., No. 14-2597, S.D. Texas; 2016 U.S. Dist. LEXIS 60742).

    Mealey's IP/Tech - Minnesota Federal Judge Awards Fees, Damages, Profits In Trademark Case

    MINNEAPOLIS - Citing a lack of disputed material fact issues, a Minnesota federal judge on May 6 granted a request by trademark infringement plaintiffs for $8,206 in corrective advertising damages, $266,338.73 in disgorged profits, $91,806.75 in attorney fees and $6,313.57 in costs (Zerorez Franchising System Inc. and HSK LLC v. Distinctive Cleaning Inc. and Jennifer Carr, No. 13-2326, D. Minn.; 2016 U.S. Dist. LEXIS 60644).

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

    WASHINGTON, D.C. - A final decision by the Patent Trial and Appeal Board that rejected allegations of patent obviousness was supported by substantial evidence, the Federal Circuit U.S. Court of Appeals concluded May 9 (Intelligent Bio-Systems Inc. v. Illumina Cambridge Ltd., No. 15-1693, Fed. Cir.; 2016 U.S. App. LEXIS 8481).

    Mealey's IP/Tech - 5th Circuit Affirms Dismissal In Copyright, Trademark Dispute

    NEW ORLEANS - Dismissal by a Texas federal judge of allegations of copyright and trademark infringement by an author on grounds of lacking personal jurisdiction was proper, the Fifth Circuit U.S. Court of Appeals ruled May 5 (Omar Hazim v. Schiel & Denver Ltd., No. 15-20586, 5th Cir.; 2016 U.S. App. LEXIS 8321).

    Mealey's IP/Tech - Kansas Federal Judge Dismisses Patent Claim On Jurisdiction Grounds

    WICHITA, Kan. - A patent plaintiff failed to make a prima facie case that a defendant purposefully directed its allegedly infringing activities at the State of Kansas, a federal judge there concluded May 4, dismissing the case (NexLearn LLC v. Allen Interactions Inc., No. 15-1294, D. Kan.; 2016 U.S. Dist. LEXIS 59783).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Remand Request In Copyright Dispute

    PHILADELPHIA - A declaratory judgment action brought in anticipation of a threatened claim of copyright infringement provides a sufficient basis for removal of the case from state court, a Pennsylvania federal judge ruled May 5 (TGaS Advisors LLC v. Zensights LLC, No. 16-1870, E.D. Pa.; 2016 U.S. Dist. LEXIS 59687).

    Mealey's IP/Tech - School District Mostly Prevails In Suit Over Discipline For Facebook Post

    HARRISBURG, Pa. - A Pennsylvania federal judge on May 3 mostly granted summary judgment to a school district on claims that it violated the First and 14th Amendments to the U.S. Constitution by disciplining a student for an off-campus Facebook posting related to a bomb threat, with the judge finding the discipline proper because it was reasonable to forecast that the post would cause a substantial on-campus disruption (R.L., et al. v. Central York School District, et al., No. 1:14-cv-00450, M.D. Pa.; 2016 U.S. Dist. LEXIS 58446).

    Mealey's IP/Tech - Judge Bars Partial Damages Expert Testimony In Google Copyright Infringement Suit

    SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 3 excluded a damages expert from testifying on a forecast to calculate Oracle's lost profits beyond 2011 and ordered that the expert must adjust his totals to reflect that limitation (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58819).

    Mealey's IP/Tech - New Jersey Federal Judge Dismisses Antitrust Count From Patent Case

    TRENTON, N.J. - Allegations by a patent infringement defendant of antitrust injury were dismissed May 4 by a New Jersey federal judge; however, the defendant was granted leave to amend to cure various deficiencies in the antitrust counterclaim (Otsuka Pharmaceutical Co. Ltd. v. Torrent Pharmaceutical Limited Inc., No. 14-4671, D. N.J.; 2016 U.S. Dist. LEXIS 59158).

    Mealey's IP/Tech - Judge: Google Expert's Survey In Copyright Infringement Suit Is Partially Unreliable

    SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 2 excluded any portions of an expert's survey or opinions based on pretest results as unreliable (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58304).

    Mealey's IP/Tech - Federal Judge Denies Request To Revisit Ruling In Copyright Case

    DETROIT - A copyright infringement plaintiff failed to persuade a Michigan federal judge on May 3 to "revise or clarify" his February 2016 summary judgment holding that a defendant possessed an implied, nonexclusive license to use disputed software code (Vasudeva Mahavisno v. Compendia Bioscience Inc., et al., No. 13-12207, E.D. Mich.; 2016 U.S. Dist. LEXIS 21588.; 2016 U.S. Dist. LEXIS 58354).

    Mealey's IP/Tech - Citing Octane, 5th Circuit Remands Fee Denial In Trademark Case

    NEW ORLEANS - A trademark infringement defendant could be entitled to an award of attorney fees in light of the new standard for exceptionality set by the U.S. Supreme Court in the patent case Octane Fitness LLC v. Icon Health and Fitness Inc. (134 S. Ct. 1749 [2014]), according to a May 3 ruling by the Fifth Circuit U.S. Court of Appeals (Clark Baker, et al. v. Jeffrey Todd DeShong, No. 14-11157, 5th Cir.; 2016 U.S. App. LEXIS 8014).

    Mealey's IP/Tech - 2nd Circuit Affirms Cybersquatting Judgment, Damages For Donald Trump

    NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 28 affirmed a trial court's grant of summary judgment under the Anti-Cybersquatting Consumer Protection Act (ACPA) and an accompany damages award against a man who registered four Internet domains incorporating Donald Trump's trademark in bad faith (J. Taikwok Yung v. Donald J. Trump, No. 14-1554, 2nd Cir.; 2016 U.S. App. LEXIS 7662).

    Mealey's IP/Tech - Federal Circuit Denies Mandamus Petition In Patent Litigation

    WASHINGTON, D.C. - Efforts by a patent infringement defendant to obtain dismissal or transfer of the litigation from Delaware to Indiana federal court were unsuccessful on April 29, when the Federal Circuit U.S. Court of Appeals denied a petition for mandamus (In re: TC Heartland LLC, No. 16-105, Fed. Cir.; 2016 U.S. App. LEXIS 7753).

    Mealey's IP/Tech - Certiorari Granted In Dispute Over Laches In Patent Litigation

    WASHINGTON, D.C. - A September 2014 holding by the Federal Circuit U.S. Court of Appeals that the presumption of laches applies when a patent infringement action is filed more than six years after a patentee learns of allegedly infringing products will be reviewed, the U.S. Supreme Court announced May 2 (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Takes Up Copyright Dispute Over 'Useful Articles'

    WASHINGTON, D.C. - In its May 2 orders list, the U.S. Supreme Court granted certiorari in a dispute between competing cheerleading uniform makers over the copyrightability of "useful articles" (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).

    Mealey's IP/Tech - Attorney Recruiting Website Operators Spar Over Sanctions In Trademark Suit

    LOS ANGELES - In an April 27 reply brief supporting its motion for contempt and sanctions in a trademark and unfair competition lawsuit, the operator of an attorney recruiting website argues that the operator of a competing site failed to provide meaningful or complete discovery responses and depositions in contravention of a court order (Lateral Link Group LLC v. Habeas Corp., et al., No. 2:14-cv-05695, C.D. Calif.).

    Mealey's IP/Tech - Judge Excludes Computer Consultant's Testimony On SEO In Trademark Case

    KANSAS CITY, Kan. - A computer consultant may not testify on search engine optimization (SEO) in a trademark infringement case, a Kansas federal judge held April 27 (Marten Transport, Ltd. v. PlattForm Advertising, Inc., No. 14-2464, D. Kan.; 2016 U.S. Dist. LEXIS 56279).

    Mealey's IP/Tech - Class Complaint Charges Facebook With Sending Unsolicited Text Messages

    SAN FRANCISCO - A woman who says she received "multiple" unsolicited text messages from Facebook Inc. that were intended for the prior holder of her cell phone number, filed a putative class complaint against the social network operator April 26 in California federal court, alleging violations of the Telephone Consumer Protection Act (TCPA) and California's unfair competition law (UCL) (Christine Holt v. Facebook Inc., No. 3:16-cv-02266, N.D. Calif.).

    Mealey's IP/Tech - 10th Circuit Affirms Summary Judgment In Favor Of Life Insurer

    DENVER - Allegations by a pro se plaintiff that a dispute over life insurance benefits paid by The Prudential Insurance Co. was improperly removed from state court were rejected April 27 by the 10th Circuit U.S. Court of Appeals (David Speer v. The Prudential Insurance Company, No. 15-6183, 10th Cir.).