LexisNexis® Legal Newsroom
    Mealey's IP/Tech - 3rd Circuit Vacates Dismissal Of Copyright Infringement Claim

    PHILADELPHIA - Although a New Jersey federal judge properly dismissed claims of Anticybersquatting Consumer Protection Act (ACPA) violations, allegations of copyright infringement should be allowed to proceed, the Third Circuit U.S. Court of Appeals ruled Dec. 8 (Steven D'Agostino v. Appliances Buy Phone Inc., et al., No. 15-1171, 3rd Cir.; 2015 U.S. App. LEXIS 21170).

    Mealey's IP/Tech - Government Files Additional Authority In 9th Circuit Computer Fraud Appeal

    SAN FRANCISCO - About a month and a half after oral arguments were held in an appeal of a Computer Fraud and Abuse Act (CFAA) conviction for a former executive's conspiracy to steal his ex-employer's proprietary lists, the U.S. government on Dec. 8 submitted supplemental authority to the Ninth Circuit U.S. Court of Appeals, citing a subsequent ruling that it contends supports the assessment of restitution against the plaintiff under the Mandatory Victims Restitution Act (MVRA) (United States of America v. David Nosal, No. 14-10037 and 14-10275, 9th Cir.).

    Mealey's IP/Tech - Copyright Claims By Video Game Developers Dismissed In California

    SAN FRANCISCO - Allegations of copyright infringement levied in connection with mobile games fail to state a plausible claim, a California federal judge ruled Dec. 8 (Blizzard Entertainment Inc., et al. v. Lilith Games [Shanghai] Co. Ltd., et al., No. 15-4084, N.D. Calif.; 2015 U.S. Dist. LEXIS 164527).

    Mealey's IP/Tech - New York Federal Judge: Source Code Containing Author Qualifies As Identification

    NEW YORK - A plaintiff won the right Dec. 9 to amend its complaint to add allegations of Digital Millennium Copyright Act (DMCA) violations, based on findings by a New York federal judge that the inclusion of a corporate name in source code constitutes copyright management information (CMI) as defined by the statute (Bounce Exchange Inc. v. Zeus Enterprise Ltd. d/b/a Yieldify, No. 15-3268, S.D. N.Y.; 2015 U.S. Dist. LEXIS 165073).

    Mealey's IP/Tech - Federal Judge Finds Trademark Claims Are Excluded Under Policy

    SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).

    Mealey's IP/Tech - North Carolina Magistrate Judge: Trademark, Copyright Claims Should Proceed

    GREENSBORO, N.C. - A request for dismissal of copyright and trademark infringement claims stemming from an allegedly pirated software program should be rejected, a North Carolina federal magistrate judge recommended Dec. 7 (Epic Tech LLC v. STHR Group LLC, et al., No. 15-252, M.D. N.C.; 2015 U.S. Dist. LEXIS 163486).

    Mealey's IP/Tech - Texas Federal Magistrate Judge: Allow Willful Patent Infringement Claim

    MARSHALL, Texas - A request by Samsung Electronics Co. (SEC) Ltd. and several subsidiaries for a summary judgment ruling of no willful infringement should be denied, a Texas federal magistrate judge recommended Dec. 8 (ZiiLabs Inc. v. Samsung Electronics Co. Ltd., et al., No. 14-203, E.D. Texas).

    Mealey's IP/Tech - Dispute Over 'Welcome To The D' Trademark Dismissed In Michigan

    DETROIT - Allegations that the Detroit Metro Convention & Visitors Bureau and the Detroit Sports Commission committed trademark infringement by including the phrase "Welcome to the D" on various banners and signs promoting several high-profile sporting events were rejected Dec. 7 by a Michigan federal judge (Mark Kassa v. Detroit Metro Convention & Visitors Bureau and Detroit Sports Commission, No. 15-13153, E.D. Mich.; 2015 U.S. Dist. LEXIS 163334).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Reconsideration In Pay-For-Delay Case

    PHILADELPHIA - Efforts by a putative end-payer antitrust and consumer protection class to revive their claims against two drug manufacturers were rejected Dec. 8 by a Pennsylvania federal judge (In re: Niaspan Antitrust Litigation [All Actions], MDL No. 2460, No. 13-md-2460; E.D. Pa.; 2015 U.S. Dist. LEXIS 164021).

    Mealey's IP/Tech - Rehearing Denied By Divided Federal Circuit In Patent Case

    WASHINGTON, D.C. - A June ruling by the Federal Circuit U.S. Court of Appeals that a medical discovery relating to the existence of non-nucleated free-floating fetal DNA (cffDNA) in maternal blood does not cover patent-eligible subject matter will stand, thanks to a denial of a petition for rehearing en banc on Dec. 2 (Ariosa Diagnostics Inc. et al. v. Sequenom Inc. et al., Nos. 14-1139, -1144, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Vacates Judgment, Damage Award In Patent Case

    WASHINGTON, D.C. - A Texas federal judge's decision to award a patent owner more than $16 million in damages for infringement by CiscoSystems Inc. was vacated Dec. 3 by the Federal Circuit U.S. Court of Appeals (Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems Inc., No. 15-1066, Fed. Cir.).

    Mealey's IP/Tech - Former File-Sharing Defendant Defends Attorneys' Sanctions, Awards To 7th Circuit

    CHICAGO - A man that had previously been the defendant in an adult entertainment firm's copyright infringement suit told the Seventh Circuit U.S. Court of Appeals in his Nov. 30 appellee brief that a trial court properly sanctioned two of the firm's attorneys for obstructing discovery and for making misleading statements regarding their ability to pay previously issued sanctions against them (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

    Mealey's IP/Tech - University Seeks Interest Following Verdict In Patent Litigation

    BOSTON - On the heels of a November trial that yielded a $13.6 million award on patent infringement claims, prevailing plaintiff the Trustees of Boston University on Dec. 4 moved for an award of $69.3 million in prejudgment interest (Trustees of Boston University v. Everlight Electronics Co. Ltd., et al., Nos. 12-11935, -12326, -12330, D. Mass.).

    Mealey's IP/Tech - 6th Circuit Reverses Dismissal Of Lanham Act Claims

    CINCINNATI - An Ohio federal judge erred in concluding that a plaintiff failed to state a claim for false advertising and false designation of origin in connection with an email that falsely implied a partnership between two companies, the Sixth Circuit U.S. Court of Appeals ruled Dec. 7 (Linda Grubbs, et al. v. Sheakley Group Inc., et al., No. 15-3302, 6th Cir.; 2015 U.S. App. LEXIS 21146).

    Mealey's IP/Tech - Bitcoin Firm Opposes Insurer's Bid To Bifurcate Bad Faith Claim In Coverage Suit

    ATLANTA - In a Nov. 24 opposition brief, a bitcoin payment processor told a Georgia federal court that its insurer's motion to bifurcate a bad faith claim from a related breach of contract claim "is an improper waste of judicial resources" that will "dramatically increase the costs of" litigation, in which it seeks coverage for losses from a phishing scam (Bitpay Inc. v. Massachusetts Bay Insurance Co., No. 1:15-cv-03238, N.D. Ga.).

    Mealey's IP/Tech - Federal Judge: Insurer Fails To Show Exclusions Bar Coverage For Defamation Suit

    RICHMOND, Va. - A Virginia federal judge on Nov. 24 held that primary and excess insurers have a duty to defend their insured against an underlying defamation lawsuit, rejecting the insurers' contention that business and knowledge-of-falsity exclusions bar coverage (Travelers Casualty and Surety Company, et al. v. Jacob Assail Schur, et al., No. 15-60, E.D. Va.; 2015 U.S. Dist. LEXIS 158998).

    Mealey's IP/Tech - Federal Circuit Affirms Rejection Of Copyright, Patent Claims Against United States

    WASHINGTON, D.C. - A copyrighted pamphlet describing a program for modifying student behavior was not infringed by the U.S. government, the Federal Circuit U.S. Court of Appeals concluded Nov. 25 (James Clark v. United States, No. 15-5002, Fed. Cir.; 2015 U.S. App. LEXIS 20478).

    Mealey's IP/Tech - 2nd Circuit Remands In Copyright Dispute Over Reproduced Images

    NEW YORK - Although a copyright infringement action against Amazon.com Inc. was properly rejected, a New York federal judge should have allowed the plaintiff an opportunity to amend his claims against a co-defendant, the Second Circuit U.S. Court of Appeals ruled Nov. 24 (Isack Kousnsky v. Amazon.com Inc., et al., No. 14-1979, 2nd Cir.; 2015 U.S. App. LEXIS 20380).

    Mealey's IP/Tech - Judge Finds Expert Is Neutral For Copyright Suit Between Oracle, Google Over Java Use

    SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).

    Mealey's IP/Tech - Ruling On Patent Invalidity Stands In New Jersey Case

    TRENTON, N.J. - Reconsideration of a February ruling by a since-retired New Jersey federal judge that a patent is not invalid for lack of written description or lack of enablement is not warranted, another New Jersey federal judge ruled Nov. 23 (ICI Uniqema Inc. v. Kobo Products Inc., No. 06-2943, D. N.J.; 2015 U.S. Dist. LEXIS 157705).

    Mealey's IP/Tech - Pennsylvania Federal Judge: Consent Order Violated In Patent Case

    PHILADELPHIA - A patent infringement plaintiff was awarded more than $680,000 in lost profits on Nov. 23 by a Pennsylvania federal judge, based upon findings that a defendant violated the terms of a consent order already issued in the dispute (CardioNet LLC v. MedNet Healthcare Technologies Inc., et al., No. 12-2517, E.D. Pa.; 2015 U.S. Dist. LEXIS 158067).

    Mealey's IP/Tech - 9th Circuit Reverses In Trademark Dispute Over Indian Tribe Name

    SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Nov. 19 rejected findings by a California federal judge that a trademark infringement plaintiff is likely to succeed on the merits of its claim in a dispute over various unregistered and registered marks associated with the Miwok Indians (Shingle Springs Band of Miwok Indians v. Cesar Caballero, No. 13-15411, 9th Cir.; 2015 U.S. App. LEXIS 20094).

    Mealey's IP/Tech - Federal Circuit Reverses Patent Board Ruling That Claims Are Untimely

    WASHINGTON, D.C. - The Patent Trial and Appeal Board erred in deeming various claims of a patent application barred as untimely, the Federal Circuit U.S. Court of Appeals ruled Nov. 20 (In re: Commonwealth Scientific & Industrial Research Organization, No. 14-1710, Fed. Cir.).

    Mealey's IP/Tech - Insurer Seeks To Bifurcate Bad Faith Claim In Bitcoin Firm's Coverage Suit

    ATLANTA - An insurer on Nov. 17 moved in Georgia federal court to bifurcate a global bitcoin processor's bad faith claim against it from a breach of contract claim, asserting that "under Georgia law, a bad faith claim . . . cannot proceed unless coverage under an insurance policy is found" (Bitpay Inc. v. Massachusetts Bay Insurance Co., No. 1:15-cv-03238, N.D. Ga.).

    Mealey's IP/Tech - Affirmative Defenses Stricken In California Copyright Case

    SAN DIEGO - CoreLogic Inc. is unable to argue that its removal of copyright management information (CMI) from various photographs was a fair use, a California federal judge ruled Nov. 17; the defendant was given leave to amend its affirmative defenses, however (Robert Stevens, et al. v. CoreLogic Inc., No. 14-1158, S.D. Calif.; 2015 U.S. Dist. LEXIS 156161).