LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Action Against United States

    WASHINGTON, D.C. - Allegations by a patent owner that the United States is liable for infringement by third parties were properly rejected by the U.S. Court of Federal Claims, the Federal Circuit U.S. Court of Appeals concluded Oct. 8 (Timothy Sheridan v. United States, No. 15-5073, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Affirms; Yoga Sequences Not Entitled To Copyright

    SAN FRANCISCO - A California federal judge properly granted a yoga studio accused of copyright infringement summary judgment because the 26 yoga sequences asserted by a plaintiff are not copyrightable under Section 102(b) of the Copyright Act, the Ninth Circuit U.S. Court of Appeals ruled Oct. 8 (Bikram's Yoga College of India L.P. and Bikram Choudhury v. Evolation Yoga LLC, et al., No. 13-55763, 9th Cir.; 2015 U.S. App. LEXIS 17615).

    Mealey's IP/Tech - Federal Magistrate Judge: Reference To Previous Patent Case Should Be Stricken

    SALT LAKE CITY - A patent infringement defendant's motion to strike portions of the complaint that reference previous litigation between the parties should be granted, a Utah federal magistrate judge ruled Oct. 5 (Won-Door Corporation v. Cornell Iron Works Inc., No. 15, 499, D. Utah.; 2015 U.S. Dist. LEXIS 136079).

    Mealey's IP/Tech - Royalties Not Owed After Patent Expires, California Federal Judge Rules

    LOS ANGELES - A defendant's interpretation of a patent license agreement was endorsed Oct. 5 when a California federal judge rejected claims that the defendant is obligated to make the same royalty payments it always had, even after the patent covered by the agreement expired (Miotox LLC v. Allergan Inc., et al., No. 14-8723, C.D. Calif.; 2015 U.S. Dist. LEXIS 135650).

    Mealey's IP/Tech - Ohio Federal Judge: Photographs In Copyright Case Are Confidential

    CLEVELAND - Finding no error in an Ohio federal magistrate judge's decision to grant a copyright infringement plaintiff's request to designate certain inspection photographs as "confidential," U.S. Judge Christopher A. Boyko of the Northern District of Ohio affirmed Oct. 5 (K&M International Inc. v. NDY Toy LLC, et al., No. 13-771, N.D. Ohio; 2015 U.S. Dist. LEXIS 135498).

    Mealey's IP/Tech - Pennsylvania Federal Judge: Expert Challenge In Antitrust Case Fails

    PHILADELPHIA - Efforts by a direct purchaser class of the brand-name drug Provigil, covered by U.S. reissue patent No. 37,516, to preclude experts for five pharmaceutical companies from opining, generally, that reverse-payment agreements that settled related infringement litigation were procompetitive were thwarted Oct. 5 by a Pennsylvania federal judge (King Drug Company of Florence Inc., et al. v. Cephalon Inc., et al., No. 06-1797, E.D. Pa.; 2015 U.S. Dist. LEXIS 135264).

    Mealey's IP/Tech - Federal Judge: Reverse Confusion Not Shown In Trademark Case

    NEW YORK - Efforts by a senior trademark user to enjoin the use of "GoBank" by a junior user failed Oct. 5, when a New York federal judge found that five of eight confusion factors favor the junior user (Flushing Bank v. Green Dot Corporation, et al., No. 13-9120, S.D. N.Y.; 2015 U.S. Dist. LEXIS 135368).

    Mealey's IP/Tech - U.S. Government To Join High Court Arguments Over Fair Credit Report Act Standing

    WASHINGTON, D.C. - In its Oct. 5 order list, the U.S. Supreme Court granted a motion by U.S. Solicitor General Donald B. Verrilli Jr., representing the federal government, to participate in upcoming oral arguments in a case addressing whether a plaintiff sufficiently alleged injury under the Fair Credit Reporting Act (FCRA) in a class complaint over a data aggregator's purported online publication of false information about him (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In Several Intellectual Property Cases

    WASHINGTON, D.C. - In its Oct. 5 orders list the U.S. Supreme Court denied certiorari in several high-profile intellectual property cases, including a challenge by petitioner W.L. Gore & Associates Inc. to a holding by the Federal Circuit U.S. Court of Appeals that the conveyance of an exclusive patent license need not be in writing (W.L. Gore & Associates Inc. v. Bard Peripheral Vascular Inc., No. 15-41, U.S. Sup.).

    Mealey's IP/Tech - Federal Circuit Denies Rehearing In Patent Case; Expert Testimony At Issue

    WASHINGTON, D.C. - A petition for rehearing by a patent plaintiff was denied Oct. 2 by the Federal Circuit U.S. Court of Appeals, which instead stood by its July decision to affirm a Florida federal judge's finding of noninfringement (ParkerVision Inc. v. Qualcomm Inc., Nos. 14-1612, -1655, Fed. Cir.).

    Mealey's IP/Tech - 7th Circuit Weighs In On Copyright Dispute Over True Crime Books

    CHICAGO - An Indiana federal judge properly rejected an author's allegation of copyright infringement because a defendant's work restated only "historical facts," the Seventh Circuit U.S. Court of Appeals ruled Oct. 1 (Carol L. Sissom v. Robert L. Snow, et al., No. 14-3355, 7th Cir.; 2015 U.S. App. LEXIS 17252).

    Mealey's IP/Tech - Supreme Court Invites Government To Weigh In On Patent Case

    WASHINGTON, D.C. - In the Oct. 5 orders list, the U.S. Supreme Court invited the views of the solicitor general in a dispute that raises questions about third-party induced patent infringement and the multiple-component rule (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).

    Mealey's IP/Tech - Florida Judge Grants Sua Sponte Summary Judgment In Patent Case

    FORT MYERS, Fla. - A partial summary judgment order and a subsequent order on reconsideration in a dispute over bra patents were both vacated by a Florida federal judge on Sept. 30 (Chico's Fas Inc. v. Andrea Clair, et al., No. 13-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 131308).

    Mealey's IP/Tech - Federal Judge: Default Trademark, Copyright Defendants Owe $7.75 Million

    DENVER - A group of defendants who reneged on an earlier settlement of trademark and copyright infringement claims must pay a plaintiff $7.75 million, a sum that includes several statutory maximum damage amounts, a Colorado federal judge ruled Sept. 29 (Salba Corp. N.A., et al. v. X Factor Holdings LLC, et al., No. 12-1306, D. Colo.; 2015 U.S. Dist. LEXIS 130367).

    Mealey's IP/Tech - Gaming Site's Disclosure Of Personal Info Breached Contract, Man Tells 8th Circuit

    ST. LOUIS - In a Sept. 28 appellate brief to the Eighth Circuit U.S. Court of Appeals, a New Hampshire man contends that a gaming website's sharing of his personally identifiable information (PII) with Facebook constituted a violation of his privacy rights and a breach of the site's own privacy policy, arguing that his complaint sufficiently alleges a concrete and particularized injury to establish standing under Article III of the U.S. Constitution (Matthew Carlsen v. GameStop Inc., et al., No. 15-2453, 8th Cir.).

    Mealey's IP/Tech - Judge Finds No Insurance Coverage For Retailer In 2 Spyware Lawsuits

    BILLINGS, Mont. - A retailer's insurers were not obligated to provide a defense in two underlying lawsuits related to the retailer's installation of spyware on computers it sold to customers, a Montana federal judge found in a pair of Sept. 25 rulings granting the insurers' summary judgment motions, finding that policy exclusions for the recording or distribution of private material precluded coverage (American Economy Insurance Co., et al. v. Aspen Way Enterprises Inc., et al., No. 1:14-cv-00009, D. Mont.; 2015 U.S. Dist. LEXIS 129274).

    Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Patent, Copyright Counterclaims

    SACRAMENTO, Calif. - Efforts by a plaintiff to obtain dismissal of patent and copyright infringement counterclaims were unsuccessful Sept. 28, when a California federal judge instead ruled that the case - which involves hardware and software used in the dairy industry - should proceed (BECO Dairy Automation Inc. v. Global Tech Systems Inc., No. 12-1310, E.D. Calif.; 2015 U.S. Dist. LEXIS 130503).

    Mealey's IP/Tech - Wisconsin Judge Rules On Various Motions In Apple IPhone, IPad Case

    MADISON, Wis. - Finding that reasonable jurors could conclude that processors fabricated in Texas but completed overseas and never sold in or imported into the United States after completion could nonetheless be capable of infringement at the point of manufacture, a Wisconsin federal judge on Sept. 29 reserved a motion by Apple Inc. to limit the royalty base in an upcoming patent trial (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.; 2015 U.S. Dist. LEXIS 130906).

    Mealey's IP/Tech - Federal Circuit: No Jurisdiction To Hear Appeal Of PTAB Holding

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 30 declined the opportunity to weigh in on a decision by the Patent Trial and Appeal Board to institute inter partes review (IPR) proceedings in response to a petition by Apple Inc. (Achates Reference Publishing Inc. v. Apple Inc., No. 14-1788, Fed. Cir.).

    Mealey's IP/Tech - New York Copyright Case Yields $100,000 Statutory Damages Awards

    NEW YORK - Myriad default defendants were ordered Sept. 28 to pay $100,000 in statutory damages for infringing a copyrighted image of multi-sport athlete Bo Jackson (Richard Noble v. Crazetees.com, et al., No. 13-5086, S.D. N.Y.; 2015 U.S. Dist. LEXIS 130391).

    Mealey's IP/Tech - Federal Circuit: Dispute Over Patent Notices Belongs In State Court

    WASHINGTON, D.C. - A complaint by the State of Vermont alleging violations of the Vermont Consumer Protection Act (VCPA) in connection with letters sent by one defendant corporation to other corporations alleging patent infringement should not have been removed to federal court, the Federal Circuit U.S. Court of Appeals ruled Sept. 28 (State of Vermont v. MPHJ Technology Investments LLC, No. 15-1310, Fed. Cir.; 2015 U.S. App. LEXIS 17060).

    Mealey's IP/Tech - Michigan High Court To Consider Whether Pandora's Streaming Service Is 'Lending'

    LANSING, Mich. - In a Sept. 25 order, the Michigan Supreme Court said it would consider whether to answer a question certified to it by the Ninth Circuit U.S. Court of Appeals as to whether the online music-streaming service provided by Pandora Media Inc. constitutes "renting" or "lending" under the state's Video Rental Privacy Act (VRPA) (In Re Certified Question from the U.S. Court of Appeals for the Ninth Circuit, Peter Deacon v. Pandora Media Inc., No. 151104, Mich. Sup.).

    Mealey's IP/Tech - Federal Circuit Reverses Induced Infringement Holding In Patent Case

    WASHINGTON, D.C. - Although affirming a New Jersey federal judge's determination that three asserted patents are not obvious, the Federal Circuit U.S. Court of Appeals on Sept. 24 reversed a judgment that a defendant induced infringement of various compound claims of the same patents (Shire LLC v. Amneal Pharmaceuticals LLC et al., Nos. 2014-1736, -1737, -1738, -1739, -1740, -1741, Fed. Cir.; 2015 U.S. App. LEXIS 16908).

    Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Vacates Patent Injunction

    WASHINGTON, D.C. - A Texas federal judge's preliminary injunction barring a defendant from infringing two asserted claims of a drilling system patent was partly vacated by the Federal Circuit U.S. Court of Appeals on Sept. 24 (M-I LLC v. FPUSA LLC, No. 15-1870, Fed. Cir.; 2015 U.S. App. LEXIS 16905).

    Mealey's IP/Tech - Judge Rules On Motions To Exclude Testimony In Power Tools Trademark Lawsuit

    CHICAGO - An Illinois federal judge on Sept. 22 granted in part and denied in part several motions to exclude expert testimony in a trademark infringement lawsuit concerning Black & Decker Corp.'s DeWalt line of power tools (The Black & Decker Corp., et al. v. Positec USA Inc. and RW Direct Inc., No. 11-5426, N.D. Ill.; 2015 U.S. Dist. LEXIS 127193).