LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Chocolatier's Bid To Dismiss Trademark, Cybersquatting Complaint Again Denied

    CHICAGO - A Pennsylvania candy company has sufficiently stated its cybersquatting and trademark-related claims against another candy firm, an Illinois federal judge ruled Oct. 22, denying the defendant's motion to dismiss the complaint that had previously been transferred, rather than dismissed, by another federal judge (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 1:15-cv-04235, N.D. Ill.; 2015 U.S. Dist. LEXIS 143549).

    Mealey's IP/Tech - Apple Denied Directed Verdict Following Patent Trial In Wisconsin

    MADISON, Wis. - Efforts by Apple Inc. to undo a $234 million verdict by Wisconsin jurors were unsuccessful on Oct. 26, when a federal judge there denied the software giant's motion for judgment as a matter of law (JMOL) (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.).

    Mealey's IP/Tech - Panel: Complaint Against Retailer Does Not Include 'Fresh Wrongs'; No Coverage

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Oct. 23 affirmed a lower federal court's ruling that a commercial general liability insurance policy's prior publication exclusion precludes coverage for the Navajo Nation's trademark infringement claims against retailer Urban Outfitters (The Hanover Insurance Company v. Urban Outfitters, Inc., et al., No. 14-3705, 3rd Cir.; 2015 U.S. App. LEXIS 18459).

    Mealey's IP/Tech - Judge Permits Testimony On Royalty Rate Calculation In Patent Infringement Lawsuit

    BOSTON - An expert may testify on his reasonable royalty rate calculation in a patent infringement lawsuit, a Massachusetts federal judge ruled Oct. 23; however, the judge barred the expert from testifying that a nonexclusive hypothetical license would command a higher royalty rate (Trustees of Boston University v. Everlight Electronics Co. Ltd., et al., No. 12-11935, Trustees of Boston University v. Epistar Corp., et al., No. 12-12326, Trustees of Boston University v. Lite-On Inc., et al., No. 12-12330, D. Mass.; 2015 U.S. Dist. LEXIS 144332).

    Mealey's IP/Tech - Travel Site's Use Of 'Pin' Does Not Infringe Pinterest's Marks, Magistrate Finds

    SAN FRANCISCO - Travel website operator Pintrips Inc. uses the term "pin" generically and not as a trademark, a California federal magistrate judge ruled Oct. 21, entering judgment against Pinterest Inc., which operates the popular website and social network application under that name (Pinterest Inc. v. Pintrips Inc., No. 3:13-cv-04608, N.D. Calif.; 2015 U.S. Dist. LEXIS 143394).

    Mealey's IP/Tech - Congressman, Advisory Group Seek 3rd Circuit Rehearing Over Email Search Warrant

    PHILADELPHIA - In an Oct. 23 amicus curiae brief, the Bipartisan Legal Advisory Group of the U.S. House of Representatives (BLAG) strongly urged the Third Circuit U.S. Court of Appeals to rehear en banc a congressman's challenge of a discovery order allowing the Federal Bureau of Investigation access to his email account in a corruption investigation, arguing that the "broad and absolute protections" of the speech or debate clause of the U.S. Constitution precluded such discovery (In the Matter of the Search of Electronic Communications [Both Sent and Received] in the Account of ChakaFattah@gmail.com at Internet Service Provider Google Inc., No. 14-3752, 3rd Cir.).

    Mealey's IP/Tech - Apple Says Order Compelling Unlocking Of Device Would Be Burdensome, Infeasible

    BROOKLYN, N.Y. - In an Oct. 19 brief submitted in response to a New York federal magistrate's invitation, Apple Inc. says that an order sought by the federal government that would require it to unlock a seized Apple-manufactured device would be unduly burdensome in a number of ways (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

    Mealey's IP/Tech - Illinois Couple Sues Pandora, XM Sirius Over Royalties For Pre-1972 Songs

    NEWARK, N.J. - A couple that owns federal copyrights in a number of songs from before 1972 filed a complaint against satellite radio firm Sirius XM Radio Inc. and online streaming service Pandora Media Inc. in New Jersey federal court on Oct. 19, asserting that the companies have been airing their recordings without paying proper royalties (Arthur Sheridan, et al. v. Sirius XM Radio, Inc., et al., No. 2:15-cv-07576, D. N.J. and Arthur Sheridan, et al. v. iHeartMedia Inc., No. 2:15-cv-07574, D. N.J.).

    Mealey's IP/Tech - Federal Circuit Vacates Fee Award In Patent Case

    WASHINGTON, D.C. - Although an Arizona federal judge properly deemed a patent dispute exceptional, she erred in finding that a defendant was bound by an earlier stipulation regarding the amount of attorney fees it owes, the Federal Circuit U.S. Court of Appeals ruled Oct. 21 (Integrated Technology Corporation v. Rudolph Technologies Inc., No. 14-1820, Fed. Cir.; 2015 U.S. App. LEXIS 18255).

    Mealey's IP/Tech - 9th Circuit Withdraws Earlier Ruling, Issues New Ruling in Trademark Case

    SAN FRANCISCO - Reversing course after rehearing a trademark dispute, a divided Ninth Circuit U.S. Court of Appeals concluded Oct. 21 that online shoppers are not likely to be confused by the display results on Amazon.com Inc. (Multi Time Machine Inc. v. Amazon.com Inc., et al., No. 13-55575, 9th Cir.).

    Mealey's IP/Tech - Federal Judge Finds Google And Others Did Not Infringe On Trademark

    OAKLAND, Calif. - A California federal judge on Oct. 19 found nothing to support a decision that Google Inc. and others were knowingly infringing on a trademarked application and game, but granted the owner of the trademark leave to amend his claims for federal trademark contributory infringement, violation of California's unfair competition law (UCL) and other claims (Free Kick Master LLC v. Apple Inc., et al., No. 15-cv-03403, N.D. Calif.; 2015 U.S. Dist. LEXIS 141993).

    Mealey's IP/Tech - Federal Judge Grants Dismissal In Trademark Infringement, Dilution Case

    NEW ORLEANS - Allegations that a Connecticut company's sales of a beverage called "Gurrnaid" infringes upon a Louisiana company's "Grenade" trademark were dismissed Oct. 19 by a Louisiana federal judge (721 Bourbon Inc. v. House of Auth LLC, No. 15-172, E.D. La.; 2015 U.S. Dist. LEXIS 141760).

    Mealey's IP/Tech - California Federal Judge Partly Grants Google Dismissal Motion In Patent Case

    SAN FRANCISCO - Allegations that Google Inc. willfully infringed various natural language processing patents were dismissed by a California federal judge on Oct. 19 on grounds that the claims are based exclusively on Google's alleged post-filing knowledge of the patents in suit (Word to Info Inc. v. Google Inc., No. 15-3486, N.D. Calif.; 2015 U.S. Dist. LEXIS 141966).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In Attorney Fee, Patent Dispute

    WASHINGTON, D.C. - In its Oct. 19 orders list, the U.S. Supreme Court indicated that it would not review a May ruling by the Federal Circuit U.S. Court of Appeals denying a request for attorney fees to a prevailing patent infringement defendant (Bodum, Inc. v. Meyer Intellectual Properties Ltd. and Meyer Corp. U.S., No. 15-185, U.S. Sup.).

    Mealey's IP/Tech - Amazon Sues More Than 1,000 Does For Writing Fake Reviews

    SEATTLE - In an effort to combat what it calls "an unhealthy ecosystem" of people writing fake user reviews for profit, online retail giant Amazon.com Inc. filed a complaint Oct. 16 in Washington state court against 1,114 John Doe defendants it contends have done just that (Amazon.com Inc. v. John Does 1-1114, No. 15-2-25395-6, Wash. Super., King Co.).

    Mealey's IP/Tech - Federal Circuit Affirms: Reference In Prior Art Publication Was Enabling

    WASHINGTON, D.C. - In its second ruling in the case, a divided Federal Circuit U.S. Court of Appeals on Oct. 19 affirmed a holding by the Patent Trial and Appeal Board that a prior art reference was enabling (In re: Steve Morsa, No. 15-1107, Fed. Cir.).

    Mealey's IP/Tech - Reebok Hit With ADA Class Action Over Accessibility Of Website For Blind Users

    NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).

    Mealey's IP/Tech - Jury Orders Apple To Pay $234 Million In Wisconsin Patent Case

    MADISON, Wis. - After deliberating less than one day, jurors assigned to hear the patent infringement dispute between Wisconsin Alumni Research Foundation (WARF) and Apple Inc. on Oct. 16 ordered the software giant to pay more than $234 million in damages (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-062, W.D. Wis.).

    Mealey's IP/Tech - 11th Circuit Again Reverses In Religious Order Trademark Dispute

    ATLANTA - Citing numerous errors by a Florida federal judge, the 11th Circuit U.S. Court of Appeals on Oct. 15 reversed and remanded for a second time in a longstanding dispute over a disputed coat of arms (Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, The Ecumenical Order, No. 14-14251, 11th Cir.; 2015 U.S. App. LEXIS 17885).

    Mealey's IP/Tech - Federal Circuit Denies Rehearing In Dispute Over Biologics, Patents

    WASHINGTON, D.C. - Competing motions for en banc rehearing of a July 2015 ruling by the Federal Circuit U.S. Court of Appeals in a dispute over the Biologics Price Competition and Innovation Act (BPCIA) were denied by the Federal Circuit on Oct. 16 (Amgen Inc. et al. v. Sandoz Inc. et al., No. 15-1499, Fed. Cir.).

    Mealey's IP/Tech - 2nd Circuit: Award Of Fees In Copyright Case Was Improper

    NEW YORK - A New York federal judge's decision to order a declaratory judgment defendant to pay a plaintiff accused of copyright infringement nearly $500,000 in attorney fees was reversed by the Second Circuit U.S. Court of Appeals on Oct. 16 (Effie Film LLC, et al. v. Gregory Murphy, No. 14-3367, 2nd Cir.; 2015 U.S. App. LEXIS 17937).

    Mealey's IP/Tech - Supreme Court Grants Certiorari, Consolidates 2 Patent Cases

    WASHINGTON, D.C. - The continued viability of the Federal Circuit U.S. Court of Appeals' standard for awarding enhanced damages will be debated by the U.S. Supreme Court, which granted certiorari on Oct. 19 in two cases involving 35 U.S. Code Section 284 (Stryker Corp. et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).

    Mealey's IP/Tech - 2nd Circuit Finds Google Library Project To Be Fair Use, Noninfringing

    NEW YORK - In a case that it said "tests the boundaries of fair use," a Second Circuit U.S. Court of Appeals panel on Oct. 16 found that Google Inc.'s digital "Library Project" constituted fair use because it is transformative of the included copyrighted works and, therefore, is not infringing (The Authors Guild, et al. v. Google Inc., No. 13-4829, 2nd Cir.).

    Mealey's IP/Tech - Summary Judgment Denied By California Judge In Trademark Case

    SAN DIEGO - Citing genuine issues of material fact surrounding the existence of an implied license to use a disputed trademark, a California federal judge on Oct. 13 denied a request by two defendants for summary judgment (Seth Wallack, et al. v. IDEXX Laboratories Inc., et al., No. 11-2996, S.D. Calif.).

    Mealey's IP/Tech - Federal Judge: Jurisdiction Exists Over Copyright, Patent Case

    GREENSBORO, N.C. - A Chinese corporation must face allegations of patent infringement in North Carolina, based on its establishment of an affiliate "specifically to market and sell products to customers in the United States," a federal judge ruled Oct. 14 (Syngenta Crop Protection LLC v. Willowood Limited, et al., No. 15-274, M.D. N.C.).