LexisNexis® Legal Newsroom
    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).

    Mealey's IP/Tech - Delaware Judge Rejects Defenses Presented In Patent Contract Litigation

    WILMINGTON, Del. - Agreeing with the reasoning in California Gas Co. v. Syntellect Inc. (534 F. App'x 637, 638-39 [9th Cir. 2013]), a Delaware federal judge on Sept. 22 granted a breach of contract plaintiff - accused in related litigation of patent infringement - summary judgment on a defendant's attempt to invoke the affirmative defenses of apportionment and comparative fault (Seagate Technology Holdings Inc. v. Syntellect Inc., No. 12-1686, D. Del.; 2015 U.S. Dist. LEXIS 126393).

    Mealey's IP/Tech - 9th Circuit: 'Batmobile' Mark, Character Are Entitled To Protection

    SAN FRANCISCO - A California federal judge properly awarded DC Comics summary judgment on claims of copyright and trademark infringement surrounding the "Batmobile" - the vehicle driven by the crime-fighting comic character Batman - the Ninth Circuit U.S. Court of Appeals ruled Sept. 23 (DC Comics v. Mark Towle, No. 13-55484, 9th Cir.; 2015 U.S. App. LEXIS 16837).

    Mealey's IP/Tech - Former Boston Member Partly Prevails In Massachusetts Trademark Case

    BOSTON - A trademark infringement dispute between two former bandmates in the rock band Boston will proceed, a Massachusetts federal judge ruled Sept. 21 (David Scholz v. Barry Goudreau, No. 13-10951, D. Mass.; 2015 U.S. Dist. LEXIS 125730).

    Mealey's IP/Tech - Colorado Federal Judge Denies Bid To Enjoin Nevada Patent Case

    DENVER - A defendant's effort to reopen a nearly decade-old patent case for the purposes of obtaining an injunction to bar related litigation in Nevada was denied Sept. 21, when a Colorado federal judge deemed the request "untenable" (Crocs Inc. v. Cheng's Enterprises Inc., et al., No. 06-605, D. Colo.; 2015 U.S. Dist. LEXIS 125936).

    Mealey's IP/Tech - New York Federal Judge: Copyright Claims Against University Are Untimely

    NEW YORK - A New York federal magistrate judge did not err in deeming copyright infringement allegations by student and adjunct lecturer against the City University of New York untimely, a New York federal judge ruled Sept. 22 (Edgardo Diaz v. City University of New York, et al., No. 13-2038, S.D. N.Y.; 2015 U.S. Dist. LEXIS 126855).

    Mealey's IP/Tech - Federal Judge: Counterclaim Triggers Personal And Advertising Injury Coverage

    ALBANY, Ga. - A Georgia federal judge held Sept. 21 that a competitor's counterclaim against an insured stemming from an underlying patent infringement lawsuit raises sufficient claims of a "personal and advertising injury" and, therefore, the insurer has a duty to defend its insured in the underlying dispute (Foliar Nutrients Inc., et al. v. Nationwide Agribusiness Insurance Co., No. 14-75, M.D. Ga.; 2015 U.S. Dist. LEXIS 125528).

    Mealey's IP/Tech - New York Magistrate Judge Grants Leave To Amend In Trademark Case

    NEW YORK - A dispute over whether "FlashXHype" is likely to confuse consumers will proceed with new allegations of trademark infringement, in light of a recently received trademark registration for "XHype," thanks to a Sept. 21 ruling by a New York federal magistrate judge (Cat3 LLC et al. v. Black Lineage Inc. et al., No. 14-5511, S.D. N.Y.; 2015 U.S. Dist. LEXIS 125879).

    Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Infringement Allegations

    WASHINGTON, D.C. - A determination by an Ohio federal judge that claims added during re-examination were not substantially identical to the initial claims of a method patent was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Sept. 17 (R+L Carriers Inc. v. Qualcomm Inc., No. 14-1718, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit: Amici Curiae Can Participate At Oral Arguments

    WASHINGTON, D.C. - Over the objections of a plaintiff, the Federal Circuit on Sept. 22 granted several amici curiae the right to participate in upcoming oral arguments in a closely watched dispute over the doctrine of patent exhaustion (Lexmark International Inc. v. Impression Products Inc., Nos. 14-1617, -1619, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Reverses Denial Of Class Certification In Google AdWords Suit

    SAN FRANCISCO - Concluding that a trial court "erred by conflating restitution calculation with the liability inquiry" for claims brought under California's unfair competition law (UCL) and false advertising law (FAL), a Ninth Circuit U.S. Court of Appeals panel on Sept. 21 reversed a ruling that denied a putative class's motion for certification in its claims that Google Inc. misled them under its AdWords advertising program (Pulaski & Middleman LLC, et al. v. Google Inc., No. 12-16752, 9th Cir.; 2015 U.S. App. LEXIS 16723).

    Mealey's IP/Tech - $15 Million Award Upheld By Federal Circuit In Patent Litigation

    WASHINGTON, D.C. - A Texas federal judge's final judgment confirming a jury award of $15 million on allegations of patent infringement was affirmed Sept. 21 by the Federal Circuit U.S. Court of Appeals (Summit 6 LLC v. Samsung Electronics Co. Ltd., Nos. 13-1648, -1651, N.D. Texas).