LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Reverses Dismissal Of Declaratory Judgment Patent Complaint

    WASHINGTON, D.C. - A request by Apotex Inc. for a declaration of noninfringement was improperly dismissed by an Illinois federal judge for lack of a case or controversy, the Federal Circuit U.S. Court of Appeals ruled March 31 (Apotex Inc. v. Daiichi Sankyo Inc. and Daiichi Sankyo Ltd. v. Mylan Pharmaceuticals Inc., Nos. 14-1282, -1291, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Affirms Ruling For Internet Movie Database On Actress's Contract Claim

    SEATTLE - Finding no error in a trial court's jury instructions or discovery ruling, a Ninth Circuit U.S. Court of Appeals on March 27 affirmed its judgment in favor of an Internet movie website on an actress' breach of contract claim against it (Huong Hoang v. IMDb.com, No. 13-35390, 9th Cir.; 2015 U.S. App. LEXIS 5001).

    Mealey's IP/Tech - Supreme Court Hears Dispute Over Good Faith Belief Of Patent Invalidity

    WASHINGTON, D.C. - When facing allegations of induced patent infringement, a good faith belief that the asserted patent is invalid is an available and appropriate defense, an attorney told the U.S. Supreme Court on March 31 (Commil USA LLC v. Cisco Systems Inc., No. 13-896, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Hears Arguments In Patent Royalty Case

    WASHINGTON, D.C. - The continued viability of a 1964 precedent that bans inventors from receiving royalties after their patents expire was debated March 31 before the U.S. Supreme Court (Stephen Kimble, et al. v. Marvel Enterprises Inc., No. 13-720, U.S. Sup.).

    Mealey's IP/Tech - Judgment, Verdicts Issued, JMOL Motions Filed In Mobile Tech Patent Suit

    WILMINGTON, Del. - Following two jury verdicts, a Delaware federal judge on March 30 issued a split judgment related to two patents in suit pertaining to mobile phone technology, while the parties filed motions for judgment as a matter of law (JMOL) related to a third patent, which was the subject of the second verdict (Intellectual Ventures I LLC, et al. v. Motorola Mobility Inc., No. 1:11-cv-00908, D. Del.).

    Mealey's IP/Tech - 4th Circuit Reverses In Paper Towel Dispenser Trademark Dispute

    RICHMOND, Va. - A North Carolina federal judge's nationwide, permanent injunction in a trademark case was narrowed March 30 to encompass only the geographical area covered by the Fourth Circuit U.S. Court of Appeals (Georgia-Pacific Consumer Products LP v. von Drehle Corporation, No. 13-2003, 4th Cir.; 2015 U.S. App. LEXIS 5082).

    Mealey's IP/Tech - FTC, Wyndham Debate Federal Jurisdiction In Data Breach Suit Before 3rd Circuit

    PHILADELPHIA - The Federal Trade Commission and Wyndham Worldwide Corp. on March 27 submitted memoranda to the Third Circuit U.S. Court of Appeals regarding whether federal courts have jurisdiction over a question of first instance pertaining to whether Wyndham's purportedly deficient cybersecurity practices can be construed as "unfair" under the Federal Trade Commission Act (FTC Act) (Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 14-3514, 3rd Cir.).

    Mealey's IP/Tech - Colorado Federal Judge Partly Grants Fees, Says Patent Case Exceptional

    DENVER - Allegations of patent infringement levied against Comcast Corp. were objectively unreasonable, a Colorado federal judge ruled March 27 (Brilliant Optical Solutions LLC v. Comcast Corp., No. 13-886, D. Colo.; 2015 U.S. Dist. LEXIS 39260).

    Mealey's IP/Tech - Adult Film Company Denied Unrestricted Access To Defendants' Computer Drives

    TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court of Appeals case law and Federal Rule of Civil Procedure 34 do not permit the unrestricted computer hard drive access sought in the subpoena (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.).

    Mealey's IP/Tech - 'Smart Candle' Adds No Recognition Beyond Trade Name, 8th Circuit Rules

    ST. LOUIS - Underlying allegations fail to allege "in either substance or form" the misuse of a slogan, the Eighth Circuit U.S. Court of Appeals found March 26, affirming a lower court's ruling that the insurer has no duty to defend or indemnify its insured against an underlying dispute over the use of the name "Smart Candle" (Selective Insurance Co. of America v. Smart Candle LLC, No. 14-1356, 8th Cir.; 2015 U.S. App. LEXIS 4894).

    Mealey's IP/Tech - New Jersey Federal Judge Dismisses Turnpike Authority's Trademark Complaint

    TRENTON, N.J. - Allegations of trademark infringement by the New Jersey Turnpike Authority against a Florida pizzeria were dismissed March 26, when a New Jersey federal judge deemed jurisdiction over a defendant lacking (New Jersey Turnpike Authority v. Jersey Boardwalk Pizza Inc., et al., No. 14-4589, D. N.J.).

    Mealey's IP/Tech - 11th Circuit Affirms Denial Of Fee Award In Copyright Case

    ATLANTA - A Florida federal judge properly adopted a magistrate judge's recommendation that a copyright infringement defendant be denied prevailing-party attorney fees under the Copyright Act, the 11th Circuit U.S. Court of Appeals affirmed March 26 (Malibu Media LLC v. Leo Pelizzo, No. 14-11795, 11th Cir.; 2015 U.S. App. LEXIS 4898).

    Mealey's IP/Tech - Magistrate Judge Sets Deadline For Discovery In Fracking Trade Name Dispute

    COLUMBUS, Ohio - A federal magistrate judge in Ohio on March 24 ordered that discovery be completed no later than April 13 in a trade name dispute between an energy company and a hydraulic fracturing company that are competing in the same energy market. The energy company contends that the fracking company should be permanently enjoined from using the name and should be compelled to produce the leases it has with landowners (American Energy Corporation v. American Energy Partners, No. 13-00886, S.D. Ohio).

    Mealey's IP/Tech - Federal Circuit Affirms: Challenge Of Patent Revival Properly Rejected

    WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office to revive a patent application previously deemed abandoned for failure to satisfy a filing schedule was not subject to third-party collateral challenge, the Federal Circuit U.S. Court of Appeals affirmed March 26 in a per curiam decision (Exela Pharma Sciences LLC et al. v. Michele K. Lee et al., No. 13-1206, Fed. Cir.).

    Mealey's IP/Tech - Privacy, Unfair Competition Class Claims May Proceed Against Apple, App Makers

    SAN FRANCISCO - A California federal judge on March 23 mostly denied motions by Apple Inc. and a group of application (app) developers to dismiss a class action alleging privacy and other violations related to purported misappropriation of information in the address books of certain Apple devices (iDevices) (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.; 2015 U.S. Dist. LEXIS 36137).

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

    CHICAGO - Plaintiff American Medical Association (AMA) and three defendants in a declaratory judgment copyright action were ordered March 25 by an Illinois federal judge to show cause why the dispute should not be consolidated with another pending case (American Medical Association v. 3Lions Publishing Inc. et al., No. 14-5280, N.D. Ill.; 2015 U.S. Dist. LEXIS 37891.).

    Mealey's IP/Tech - Judgment On The Pleadings Denied In Trademark Dispute

    HARTFORD, Conn. - Allegations of trademark infringement and violations of the Anticybersquatting Consumer Protection Act (ACPA) levied in connection with typosquatting will proceed, a Connecticut federal judge ruled March 24 (Edible Arrangements LLC and Edible Arrangements International LLC v. Provide Commerce Inc., No. 14-250, D. Conn.; 2015 U.S. Dist. LEXIS 36322).

    Mealey's IP/Tech - Federal Circuit Upholds Anticipation, Obviousness Findings By Patent Board

    WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to enter a new anticipation ground of rejection of a cutting tool patent while also affirming an examiner's previous obviousness rejection of other claims of the same patent was affirmed March 25 by the Federal Circuit U.S. Court of Appeals (Kennametal Inc. v. Ingersoll Cutting Tool Co., No. 14-1350, Fed. Cir.).

    Mealey's IP/Tech - New York Federal Judge Issues Injunction In Trademark Dispute

    CENTRAL ISLIP, N.Y. - A defaulting defendant was ordered March 23 by a New York federal judge to change its "Solo Salon Studios" name, in light of likely confusion with "Sola Salon Studios" (Sola Salon Studios LLC v. Solo Salon Studios Inc., No. 14-946, E.D. N.Y.; 2015 U.S. Dist. LEXIS 35901).

    Mealey's IP/Tech - Summary Judgment, Daubert Motions Denied In Class Action Over 'Download Insurance'

    MINNEAPOLIS - Both sides motions' to exclude expert witness testimony in an unfair competition dispute over Symantec Corp.'s so-called download insurance were denied by a Minnesota federal judge March 19, albeit with some restrictions (Devi Khoday, et al. v. Symantec Corp., et al., No. 0:11-cv-00180, D. Minn.; 2015 U.S. Dist. LEXIS 34953).

    Mealey's IP/Tech - $20 Million Settlement In Unauthorized Charges Class Suit Is Vacated

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 19 vacated a $20 million settlement in a class suit over unauthorized charges in light of the Feb. 27 decision in Frank v. Netflix (In re Online DVD-Rental Antitrust Litig.) (No. 12-15705, 9th Cir.) and remanded for further proceedings (In re: Easysaver Rewards Litigation, No. 13-55373, 9th Cir.; 2015 U.S. App. LEXIS 4494).

    Mealey's IP/Tech - Telecom Association Sues FCC To Halt Net Neutrality Order

    WASHINGTON, D.C. - Less than two weeks after the Federal Communications Commission released its comprehensive report and order on "Protecting and Promoting the Open Internet," a trade association of telecommunications service providers and suppliers (telecoms) on March 23 filed a petition seeking the review of the order in the District of Columbia Circuit U.S. Court of Appeals, asserting that the order violates the U.S. Constitution and federal law (United States Telecom Association v. Federal Communications Commission, et al., No. 15-1063, D.C. Cir.).

    Mealey's IP/Tech - Federal Circuit Won't Rehear Patent Dispute Over Enhanced Damages

    WASHINGTON, D.C. - An October 2014 holding that a defendant's infringement was not willful will stand, thanks to a March 23 denial of a petition for rehearing and rehearing en banc by the Federal Circuit U.S. Court of Appeals (Halo Electronics Inc. v. Pulse Electronics Inc., et al., Nos. 13-1472, -1656, Fed. Cir.).

    Mealey's IP/Tech - Divided Supreme Court: Issue Preclusion Applies In Trademark Dispute

    WASHINGTON, D.C. - The Eighth Circuit U.S. Court of Appeals erroneously ruled that the Trademark Trial and Appeal Board (TTAB) applies a different likelihood of confusion standard when weighing a trademark registration than district courts apply when weighing allegations of infringement, a divided U.S. Supreme Court ruled March 24 (B&B Hardware Inc. v. Hargis Industries Inc., No. 13-352, U.S. Sup.).

    Mealey's IP/Tech - 9th Circuit Reinstates Class Allegations In Xbox 360 Defect Lawsuit

    SEATTLE - A trial court abused its discretion when it struck class allegations in a lawsuit that alleges that there was a design defect in Microsoft Corp.'s Xbox 360 video game console that results in gouged game discs, a Ninth Circuit U.S. Court of Appeals panel majority ruled March 18 (Seth Baker, et al. v. Microsoft Corporation, No. 12-35946, 9th Cir.; 2015 U.S. App. LEXIS 4317).