LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Delaware Federal Judge: Harm Not Irreparable In Pharmaceutical Patent Case

    WILMINGTON, Del. - A request by Bayer Pharma AG, Bayer Intellectual Property GmbH and Bayer HealthCare Pharmaceuticals Inc. (Bayer, collectively) for a preliminary injunction barring a competitor from selling a generic oral contraceptive was denied Dec. 28 by a Delaware federal judge, despite a July final judgment that the generic drug would infringe (Bayer Pharma AG, et al. v. Watson Laboratories Inc., No. 12-1726, D. Del.; 2016 U.S. Dist. LEXIS 179103).

    Mealey's IP/Tech - Mississippi Federal Judge Allows Git-R-Done Trademark Case To Proceed

    JACKSON, Miss. - A request for summary judgment by a defendant accused of infringing the "Git-R-Done" tagline of the fictional character "Larry the Cable Guy" when it named its convenience store "Giterdone" was denied Dec. 28 by a Mississippi federal judge (Git-R-Done Productions Inc. v. Giterdone C Store LLC, No. 15-386, S.D. Miss.; 2016 U.S. Dist. LEXIS 179201).

    Mealey's IP/Tech - Wal-Mart, Amazon Targeted By Rap Group For Trademark Violations

    NEW YORK - Asserting damages in excess of $50 million, the iconic rap group Run-DMC filed suit Dec. 29 in New York federal court against retailers Wal-Mart and Amazon.com Inc. over clothing and accessories that directly infringe the "RUN-DMC" trademark (RUN-DMC Brand LLC v. Amazon.com Inc., et al., No. 16-10011, S.D. N.Y.).

    Mealey's IP/Tech - New York Federal Judge Dismisses Copyright Dispute Over Muppets Song

    NEW YORK - An Italian music publisher's claim that the "Mah Na Mah Na" song popularized by the Muppets by is an unauthorized derivative of a 1966 classical composition were dismissed Dec. 29 by a New York federal judge on grounds that the publisher lacks standing to sue for copyright infringement (Creazioni Artistiche Musicali S.r.l. v. Carlin America Inc., et al., No. 14-9270, S.D. N.Y.; 2016 U.S. Dist. LEXIS 180431).

    Mealey's IP/Tech - Judge Declines To Stay Injunction On Video-Streaming Service Pending Appeal

    LOS ANGELES - A California federal judge on Dec. 29 declined to stay pending appeal a preliminary injunction issued against a video on demand (VOD) provider, finding that the balance of hardships weighed in favor of the plaintiff movie studios that have demonstrated a likelihood of success on their copyright infringement claims against the VOD firm (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

    Mealey's IP/Tech - 4th Circuit Upholds Enhanced Award For DirecTV In Trademark Case

    RICHMOND, Va. - A North Carolina federal judge did not err in rejecting a jury award of $760,000 in favor of a marketing company that had accused DirecTV LLC of violating the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), the Fourth Circuit U.S. Court of Appeals ruled Dec. 29 (Exclaim Marketing LLC v. DirecTV LLC, No. 15-2399, 4th Cir.; 2016 U.S. App. LEXIS 23378).

    Mealey's IP/Tech - Patent Board Consolidates Apple, Samsung Petitions For Inter Partes Review

    ALEXANDRIA, Va. - Efforts by Samsung Electronics Co. Ltd. to invalidate a wireless communications patent raise identical issues to those raised by Apple Inc. and Microsoft Corp. in a joint June 2016 petition for inter partes review (IPR), the Patent Trial and Appeal Board ruled Dec. 21 (Samsung Electronics Co. Ltd. v. Evolved Wireless LLC, No. IPR2016-01310, PTAB).

    Mealey's IP/Tech - New York Federal Judge: New Infringement Claims Barred By Settlement

    NEW YORK - A longstanding dispute over the trademarked phrase "Get Lucky" was dismissed Dec. 22 by a New York federal judge, on grounds that the latest claims by plaintiff Marcel Fashions Group Inc. are barred by the terms of a 2003 settlement (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., No. 11-5523, S.D. N.Y.; 2016 U.S. Dist. LEXIS 177483).

    Mealey's IP/Tech - Accused Downloader Appeals Dismissal Of Claims Against Him Without Prejudice

    CINCINNATI - A federal magistrate judge erred in granting voluntary dismissal of an adult movie studio's copyright infringement claims without prejudice, an Ohio man argues in a Dec. 21 brief in the Sixth Circuit U.S. Court of Appeals, contending that the disposition deprived him of the ability to seek a fees award as prevailing party for the studio's baseless lawsuit (Malibu Media LLC v. David Ricupero, No. 16-3628, 6th Cir.).

    Mealey's IP/Tech - Twitter Must Identify User Who Sent Seizure-Inducing Tweet To Writer

    DALLAS - A journalist who suffered an epileptic seizure after receiving a tweet from an anonymous poster containing a strobe image was granted leave by a Texas judge on Dec. 19 to depose a representative of Twitter Inc. to obtain identifying information about the Doe poster for the purpose of pursuing legal action against him or her (In re: Petition of Kurt Eichenwald Requesting Pre-suit Deposition under Rule 202, No. DC-16-16077, Texas Dist., Dallas Co.).

    Mealey's IP/Tech - Patent Board Reverses Rejection, Prior Art Relied On By Examiner

    ALEXANDRIA, Va. - Findings by a patent examiner that a claimed method of operating a steam generator would have been obvious to one of ordinary skill in the art were reversed Dec. 21 by the Patent Trial and Appeal Board (Ex parte John H. Chiu and George D. Mylchreest, No. 2015-002233, PTAB).

    Mealey's IP/Tech - Illinois Federal Judge Partly Grants Dismissal In Copyright Dispute

    CHICAGO - An individual copyright defendant won dismissal of allegations on Dec. 20 by an Illinois federal judge, who cited a lack of evidence that the individual used a corporate defendant "as an instrument" to carry out "willful and deliberate" infringement (Live Face On Web LLC v. KAM Development LLC, et al., No. 16-8604, N.D. Ill.; 2016 U.S. Dist. LEXIS 175619).

    Mealey's IP/Tech - New York Appeals Court: No Common-Law Public Performance Right

    ALBANY, N.Y. - A divided New York Court of Appeals on Dec. 20 answered "no" to the question of whether a right of public performance exists for creators of pre-1972 sound recordings under New York common law (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 172, N.Y. App.).

    Mealey's IP/Tech - Microsoft Petition For Inter Partes Review Of Coding Patent Granted

    ALEXANDRIA, Va. - A patented method and apparatus for entropy coding and the application of error-resilient coding to image compression likely contain claims that do not pass muster under 35 U.S. Code Section 103, the Patent Trial and Appeal Board ruled Dec. 16 (Microsoft Corp. v. FastVDO LLC, No. IPR2016-01179, PTAB).

    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.).