LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Indiana Federal Judge Denies Dismissal In Generic Drug Dispute

    INDIANAPOLIS - Efforts by two patent defendants to obtain dismissal of the allegations were denied Aug. 24 by an Indiana federal judge (Eli Lilly and Company, et al. v. Nang Kuang Pharmaceutical Co. Ltd., et al., No. 14-1647, S.D. Ind.; 2015 U.S. Dist. LEXIS 111510).

    Mealey's IP/Tech - Massachusetts Federal Judge: Intellectual Property Exclusion Applies

    BOSTON - A plaintiff was denied judgment on the pleadings Aug. 21 by a Massachusetts federal judge, who instead agreed with an insurer that a "broad" intellectual property (IP) exclusion in a general liability insurance policy precludes coverage in an underlying copyright lawsuit (PTC Inc. v. Charter Oak Fire Insurance Company, No. 14-14056, D. Mass.; 2015 U.S. Dist. LEXIS 111398).

    Mealey's IP/Tech - 2nd Circuit Affirms Bench Trial Outcome In Trademark Infringement Case

    NEW YORK - Assertions by a trademark infringement defendant that a New York federal judge improperly found a likelihood of confusion merit "little discussion," the Second Circuit U.S. Court of Appeals ruled Aug. 24 (BPP Wealth Inc., et al. v. Weiser Capital Management LLC, et al., Nos. 14-1848, -1849, 2nd Cir.; 2015 U.S. App. LEXIS 14814).

    Mealey's IP/Tech - Federal Circuit Affirms: Progressive Insurance Patents Are Invalid

    WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in deeming many claims of various patents belonging to appellant Progressive Casualty Insurance Co. invalid over prior art, following a covered business method (CBM) patent review brought pursuant to the Leahy-Smith America Invents Act (AIA), the Federal Circuit U.S. Court of Appeals ruled Aug. 24 (Progressive Casualty Insurance Company v. Liberty Mutual Insurance Company, No. 14-1466, Fed. Cir.).

    Mealey's IP/Tech - 5th Circuit Affirms: No Nationwide Rights For 'Test Masters' Mark

    NEW ORLEANS - A Texas federal judge's decision to deny both a plaintiff and a defendant national rights to the "Test Masters" trademark was not erroneous, the Fifth Circuit U.S. Court of Appeals ruled Aug. 21 (Test Masters Educational Services Inc. v. Robin Singh Educational Services Inc. and Robin Singh, No. 14-20113, 5th Cir.; 2015 U.S. App. LEXIS 14733).

    Mealey's IP/Tech - 1st Circuit Affirms Dismissal Of Lanham Act, Copyright Claims

    BOSTON - A Puerto Rico federal magistrate judge did not err in dismissing allegations of fraud on the U.S. Patent and Trademark Office (PTO) and copyright infringement levied in connection with the "Pechu Sandwich," the First Circuit U.S. Court of Appeals ruled Aug. 21 (Norberto Colon Lorenzana v. South American Restaurant Corporation, No. 14-1698, 1st Cir.; 2015 U.S. App. LEXIS 14722).

    Mealey's IP/Tech - Judge Dismisses Copyright Infringement Coverage Dispute Because Of Improper Venue

    SAN FRANCISCO - A California federal judge on Aug. 17 dismissed an insurer's declaratory judgment lawsuit disputing coverage for underlying counterclaims against its enterprise software services provider insured, finding that venue is not proper (Charter Oak Fire Insurance Co., et al. v. Rimini Street Inc., et al., No. 15-02378, N.D. Calif.; 2015 U.S. Dist. LEXIS 109075).

    Mealey's IP/Tech - Kansas Federal Judge Transfers Copyright Case To Texas Court

    WICHITA, Kan. - A copyright dispute over unauthorized sharing of an e-newsletter should proceed in Texas federal court, U.S. Judge Monti L. Belot of the District of Kansas ruled Aug. 20 (Energy Intelligence Group Inc. et al. v. Frontier El Dorado Refining LLC, No. 15-1152, D. Kan.; 2015 U.S. Dist. LEXIS 110192).

    Mealey's IP/Tech - Federal Judge Sides With Trademark Plaintiff Following Bench Trial

    ATLANTA - A dispute over the "SCAR" and "SCAR-Stock" trademarks, as they are used in the firearms industry, was resolved Aug. 20 by a Georgia federal judge in favor of a Belgium-based weapons manufacturer (FN Herstal S.A. v. Clyde Armory Inc., No. 12-102, M.D. Ga.; 2015 U.S. Dist. LEXIS 109993).

    Mealey's IP/Tech - Wisconsin Federal Judge Partly Grants Motion to Compel In Patent Case

    MADISON, Wis. - Efforts by the Wisconsin Alumni Research Foundation (WARF) to depose in-house counsel for Apple Inc. and to force Apple's production of certain privileged documents in a patent case were partly granted by a Wisconsin federal judge on Aug. 20 (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.; 2015 U.S. Dist. LEXIS 110059).

    Mealey's IP/Tech - Oregon Federal Judge Adopts Invalidity Opinion From Related Case

    PORTLAND, Ore. - An Oregon federal judge's findings that two method patents are invalid under Section 101 of the Patent Act is preclusive in a related action, he ruled Aug. 19 (Tranxition Inc. v. Novell Inc., No. 12-1404, D. Ore.; 2015 U.S. Dist. LEXIS 109273).

    Mealey's IP/Tech - Likelihood-Of-Confusion Analysis Was Improper, Federal Circuit Says

    WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed "nonhuman paw print" mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports S.L.U., No. 14-1789, Fed. Cir.).

    Mealey's IP/Tech - Divided 6th Circuit Reverses In Cheerleading Uniform Copyright Case

    CINCINNATI - Applying a "hybrid approach" to the question of conceptual separability, the Sixth Circuit U.S. Court of Appeals on Aug. 19 reversed a Tennessee federal judge's grant of summary judgment on behalf of a copyright infringement defendant (Varsity Brands Inc., et al. v. Star Athletica LLC, No. 14-5237, 6th Cir.; 2015 U.S. App. LEXIS 14522).

    Mealey's IP/Tech - Laptop Evidence Suppression Leads To Dismissal Of Claims Against Korean Man

    WASHINGTON, D.C. - Following a ruling that the U.S. Department of Homeland Security (DHS) improperly obtained evidence from a Korean businessman's laptop without a search warrant, a District of Columbia federal judge on Aug. 18 granted the government's motion to dismiss its indictment against him (United States of America v. Jae Shik Kim, et al., No. 1:13-cr-00100, D. D.C.).

    Mealey's IP/Tech - Yelp Contributors' FLSA Class Complaint Dismissed By California Federal Judge

    SAN FRANCISCO - Finding that a group of contributors to Yelp Inc.'s website were volunteers, not employees, a California federal judge on Aug. 13 granted Yelp's motion to dismiss their putative class action alleging violations of the Fair Labor Standards Act (FLSA) (Lily Jeung, et al. v. Yelp Inc., No. 3:15-cv-02228, N.D. Calif.; 2015 U.S. Dist. LEXIS 107427).

    Mealey's IP/Tech - Groupon Found Not Liable For Contractor's Subpar Vent Cleaning

    SAN JOSE, Calif. - A contractor's poor job cleaning the air ducts of two California homeowners cannot support their common-law negligence and emotional distress claims against Groupon Inc., a California federal judge ruled Aug. 14, finding that the allegedly negligent actions were not related to the deal purchased from Groupon (William Mosley, et al. v. Groupon Inc. et al., No. 15-cv-01205, N.D. Calif.).

    Mealey's IP/Tech - Google Wins Transfer Of Trademark Claims To California Court

    TRENTON, N.J. - A forum selection clause for Google Play requiring that all disputes be resolved in California led a New Jersey federal judge on Aug. 13 to transfer allegations of contributory trademark infringement and tortious interference with prospective economic advantage there (Spy Phone Labs LLC v. Google Inc. et al., No. 14-6565, D. N.J.; 2015 U.S. Dist. LEXIS 106365).

    Mealey's IP/Tech - Costs Awarded, Attorney Fees Denied In Texas Patent Case

    MARSHALL, Texas - A request for attorney fees was denied Aug. 17 by a federal judge in Texas, who found that although a patent infringement defendant qualifies as the prevailing party, the case itself does not qualify as exceptional (Trover Group Inc., et al. v. Dedicated Micros USA Inc., et al., No. 13-1047, E.D. Texas; 2015 U.S. Dist. LEXIS 107733).

    Mealey's IP/Tech - Federal Circuit Dismisses Cross-Appeal Of Patent Claim Construction

    WASHINGTON, D.C. - Efforts by a patent owner to overturn a Delaware federal judge's construction of a disputed claim term in two search results patents were unsuccessful Aug. 18, when the Federal Circuit U.S. Court of Appeals dismissed the appeal on grounds that it lacks jurisdiction (Personalized User Model LLP and Yochai Konig v. Google Inc., Nos. 14-1841 and 15-1022, Fed Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Summary Judgment Of Noninfringement

    WASHINGTON, D.C. - A California federal judge did not err in rejecting a theory of patent infringement advanced by JVC Kenwood Corp. (JVC), whereby a defendant's sale of software to end users of DVD and Blu-ray discs that allegedly infringed various patents rendered the defendant liable for contributory and induced infringement, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (JVC Kenwood Corporation v. Nero Inc., No. 14-1011, Fed. Cir.).

    Mealey's IP/Tech - School's Cybersquatting Suit Against India Resident May Proceed, Judge Rules

    SAN FRANCISCO - A man who allegedly ran hundreds of websites that infringed the trademarks of a university for the purpose of selling unauthorized course materials failed to establish that the exercise of jurisdiction over him, despite being located in India, would violate due process, a California federal judge ruled Aug. 13, denying his motion to dismiss (Apollo Education Group Inc., et al. v. Vivek Somani, No. 3:15-cv-01056, N.D. Calif.; 2015 U.S. Dist. LEXIS 107439).

    Mealey's IP/Tech - Denial Of Motion To Amend Patent Claims Reversed, Remanded By Federal Circuit

    WASHINGTON, D.C. - Although affirming Aug. 13 that a Texas federal judge properly determined that a patent infringement plaintiff had standing, the Federal Circuit U.S. Court of Appeals found that it remains unclear whether the judge abused his discretion in denying the same plaintiff leave to amend its infringement contentions against myriad defendants (Keranos LLC, et al. v. Silicon Storage Technology Inc., et al., Nos. 14-1360, -1500, Fed. Cir.; 2015 U.S. App. LEXIS 14176).

    Mealey's IP/Tech - Federal Circuit Affirms Refusal To Register Mark

    WASHINGTON, D.C. - Substantial evidence supports findings by the Trademark Trial and Appeal Board that the term "Fish Fry Products" has not acquired distinctiveness for trademark applicant Louisiana Fish Fry Products Ltd., the Federal Circuit U.S. Court of Appeals ruled Aug. 14 (In re: Louisiana Fish Fry Products Ltd., No. 13-1619, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Denies Yahoo's Appeal Of Class Certification In Email Privacy Suit

    SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 11 denied Yahoo Inc's petition for permission to appeal a trial court's grant of class certification in a lawsuit alleging violation of the Stored Communications Act (SCA) by Yahoo's scanning of the emails of people who are not subscribers of its Yahoo Mail service (Cody Baker v. Yahoo! Inc., No. 15-80101, 9th Cir.).

    Mealey's IP/Tech - En Banc Federal Circuit Sets Forth Divided Infringement Criteria

    WASHINGTON, D.C. - On remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Aug. 13 reinstated a verdict of patent infringement after finding that the jury heard "substantial evidence from which it could find that" defendant Limelight Networks Inc. "directs or controls its customers' performance of each . . . method step, such that all steps of the method are attributable to Limelight" (Akamai Technologies Inc. et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 14175).