LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Texas Federal Judge Sides With Copyright, Trademark Plaintiff

    DALLAS - A plaintiff seeking a declaration of invalidity and noninfringement of various copyrights, trademarks and trade dress rights asserted in connection with "replica bullets" prevailed July 27 in Texas federal court (Provident Precious Metals LLC v. Northwest Territorial Mint LLC, No. 13-2942, N.D. Texas.; 2015 U.S. Dist. LEXIS 97338).

    Mealey's IP/Tech - Judge Finds Internet Rebroadcaster May Be Entitled To Compulsory License

    LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second Circuit U.S. Court of Appeals ruling on the topic (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 2:12-cv-06921, and NBCUniversal Media LLC, et al. v. FilmOn X LLC, et al., No. 2:12-cv-06950, C.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Reverses, Remands Judgment Of Patent Invalidity

    WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant judgment as a matter of law that various claims of three patents are invalid as obvious was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 28 (Circuit Check Inc. v. QXQ Inc., No. 15-1155, Fed. Cir.).

    Mealey's IP/Tech - New Jersey Federal Judge Sides With TD Bank In Copyright Case

    TRENTON, N.J. - A declaratory judgment counterclaim seeking a declaration of copyright co-ownership was rejected July 27 by a New Jersey federal judge, who instead granted plaintiff TD Bank N.A. summary judgment on its allegation of copyright infringement by a former CEO (TD Bank N.A. v. Vernon W. Hill II, No. 12-7188, D. N.J.; 2015 U.S. Dist. LEXIS 97409).

    Mealey's IP/Tech - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

    PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.).

    Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Copyright Claim On Different Grounds

    NEW YORK - A New York federal judge's decision to dismiss copyright infringement allegations surrounding a software license agreement (SLA) and master services agreement (MSA) was affirmed July 27 by the Second Circuit U.S. Court of Appeals, albeit on different grounds (The AStar Group Inc. v. Manitoba Hydro, et al., No. 14-2882, 2nd Cir.; 2015 U.S. App. LEXIS 12920).

    Mealey's IP/Tech - Texas Judge Dismisses Copyright Dispute Between Homebuilders

    HOUSTON - A copyright infringement defendant was awarded summary judgment on July 24 by a Texas federal judge on grounds that plaintiff Lennar Homes of Texas Sales and Marketing Ltd. cannot prove that defendant Perry Homes LLC "copied any protectable aspects of" two contested townhome designs (Lennar Homes of Texas Sales and Marketing Ltd. v. Perry Homes LLC, No. 14-1094, S.D. Texas; 2015 U.S. Dist. LEXIS 96645).

    Mealey's IP/Tech - 9th Circuit Partly Affirms, Reverses In Copyright, Trademark Case

    SAN FRANCISCO - An Arizona federal judge "clearly erred" by issuing a final judgment in a copyright and trademark infringement action that failed to address the issue of copyright damages, the Ninth Circuit U.S. Court of Appeals ruled July 23 (Scott Bizar v. Jeffrey Dee and Jack Herman, Nos. 12-17826, 13-15361, 9th Cir.; 2015 U.S. App. LEXIS 12739).

    Mealey's IP/Tech - Facebook Could Not Oppose Warrants Seeking Information On Its Users, Panel Rules

    NEW YORK - A trial court properly denied a motion by Facebook Inc. to quash warrants served on certain Facebook users, a New York appellate panel ruled July 21, find that "there is no constitutional or statutory right to challenge an alleged defective warrant before it is executed" (Facebook Inc. v. New York County District Attorney's Office, No. 30207/13 and 30178/14, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 6067).

    Mealey's IP/Tech - Magistrate: Discovery From Irish Facebook Affiliate Not Merited In Privacy Suit

    OAKLAND, Calif. - The plaintiffs in a putative class action alleging privacy violations by Facebook Inc.'s purported scanning of users' private messages are not permitted to compel materials from the social network's Irish affiliate, a California federal magistrate ruled July 21, finding that considerations of international comity weighed against such discovery (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2015 U.S. Dist. LEXIS 95702).

    Mealey's IP/Tech - Judge Asks Parties To Submit More Details On Sealable Information

    SAN JOSE, Calif. - After finding that parties need to provide additional information on a request to seal certain information, including a request for international arbitration, pursuant to local rules, a California federal judge on July 22 ordered a company to submit a declaration showing that parts of the motion to seal that it seeks to redact are sealable (Baysand Inc. v. Toshiba Corp., No. 15-cv-02425, N.D. Calif.; 2015 U.S. Dist. LEXIS 95724).

    Mealey's IP/Tech - Yahoo Seeks Sanctions For Firm's Repeated Disclosure Of Confidential Information

    DALLAS - A promotional firm's failure to seal a summary judgment motion, which contained confidential information, is an example of its "pattern of blatantly violating confidentiality agreements," Yahoo Inc. said in a July 22 motion for sanctions in a contract and trade secrets lawsuit related to an online basketball tournament contest (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

    Mealey's IP/Tech - Federal Circuit Grants Mandamus Petition In Underlying Patent Case

    WASHINGTON, D.C. - Two petitioners won mandamus on July 22 from a New Jersey federal judge's modified protective order that would allow courts in Korea and Japan access to proprietary information gleaned from an American patent infringement lawsuit, in what the Federal Circuit U.S. Court of Appeals deemed a case of first impression (In re: POSCO, No. 15-112, Fed. Cir.).

    Mealey's IP/Tech - New Jersey Federal Judge Won't Reconsider Rulings In Copyright Case

    TRENTON, N.J. - Deeming the efforts by several copyright infringement defendants to persuade him to revisit his May 2015 denial of summary judgment "a textbook example of everything a reconsideration motion should not be," U.S. Judge Kevin McNulty of the District of New Jersey on July 21 denied the request (Hanover Architectural Service P.A. v. Christian Testimony-Morris N.P., et al., No. 10-5455, D. N.J.; 2015 U.S. Dist. LEXIS 94916).

    Mealey's IP/Tech - Federal Circuit Affirms: DNA Sequencing Patents Are Anticipated, Obvious

    WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) did not err in invalidating three patents relating to deoxyribonucleic acid (DNA) sequencing, the Federal Circuit U.S. Court of Appeals concluded July 17 (Trustees of Columbia University in the City of New York v. Illumina Inc., No. 14-1550, Fed. Cir.; 2015 U.S. App. LEXIS 12343).

    Mealey's IP/Tech - Virginia Federal Judge: Patents Claim Ineligible Subject Matter

    RICHMOND, Va. - Three software patents were deemed invalid pursuant to 35 U.S. Code Section 101 on July 17 by a Virginia federal judge (MicroStrategy Inc. v. Apttus Corp., No. 15-21, E.D. Va.; 2015 U.S. Dist. LEXIS 93419).

    Mealey's IP/Tech - Federal Circuit Vacates Dismissal Of Cross-Appeal Of Re-Examination

    WASHINGTON, D.C. - The U.S. Patent and Trademark Office's (PTO) Patent Trial and Appeal Board erred in dismissing a cross-appeal, on jurisdiction grounds, of an inter partes re-examination decision, the Federal Circuit U.S. Court of Appeals ruled July 17 (Airbus S.A.S. v. Firepass Corporation, No. 14-1808, Fed. Cir.; 2015 U.S. App. LEXIS 12340).

    Mealey's IP/Tech - Former Uber Driver Claims Injury From Data Breach, Opposes Dismissal Motion

    SAN FRANCISCO - In a July 20 brief opposing dismissal, a former driver for Uber Technologies Inc. asserts that he was a victim of identity theft as a result of a data breach experienced by his former employer and, therefore, he has sustained an injury sufficient to established standing to bring his class action complaint against Uber (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

    Mealey's IP/Tech - California Federal Judge Grants Dismissal Of Trade Dress Litigation

    LOS ANGELES - A trade dress dispute over "Element Periodic Table Soap" was dismissed by a California federal judge on July 17 on jurisdiction grounds (Bubble Genius LLC v. Mariann Smith, No. 15-66, C.D. Calif.; 2015 U.S. Dist. LEXIS 93492).

    Mealey's IP/Tech - Judge Strikes Claims In Lidoderm Pay-For-Delay Case Filed By Retailers

    SAN FRANCISCO - Retail establishments do not have standing to bring claims on their own behalf as indirect purchasers and have not adequately pleaded that they are entitled to injunctive relief in a pay-for-delay case, a California federal judge ruled July 17, while permitting the grocery stores an opportunity to amend their complaint (United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, et al. v. Teikoku Pharma USA Inc., et al., No. 14-02521, N.D. Calif.).

    Mealey's IP/Tech - Divided Federal Circuit: No Commercial Marketing Of Biologic Without FDA License

    WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 21 affirmed dismissal of California state law unfair competition and conversion claims, but vacated a California federal judge's interpretation of the Biologics Price Competition and Innovation Act (BPCIA) as permitting commercial marketing of a biologic before receiving U.S. Food and Drug Administration approval (Amgen Inc. et al. v. Sandoz Inc. et al., No. 15-1499, Fed. Cir.).

    Mealey's IP/Tech - California Federal Judge Denies Attorney Fee Award In Patent Case

    SAN FRANCISCO - Although winning a post-trial motion for a directed verdict of no direct patent infringement, Marvell Semiconductor Inc. on July 17 was denied in its effort to recoup the attorney fees it incurred in defending the suit (France Telecom S.A. v. Marvell Semiconductor Inc., No. 12-4967, N.D. Calif.; 2015 U.S. Dist. LEXIS 93470).

    Mealey's IP/Tech - California Federal Judge Sides With Nintendo In Patent Dispute

    SAN FRANCISCO - Allegations that Nintendo of America Inc. and Nintendo Company Ltd. (Nintendo, collectively) infringed a patent with its popular "Game Boy" device were rejected July 17 by a California federal judge (Quintal Research Group Inc. v. Nintendo of America Inc. et al., No. 13-888, N.D. Calif.; 2015 U.S. Dist. LEXIS 93488).

    Mealey's IP/Tech - Federal Circuit Remands Refusal To Register Mark

    WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office (PTO)'s Trademark Trial and Appeal Board to refuse a trademark registration for "Peace Love and Juice" was remanded by the Federal Circuit U.S. Court of Appeals on July 20 (Juice Generation Inc. v. GS Enterprises LLC, No. 14-1853, Fed. Cir.).

    Mealey's IP/Tech - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

    SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).