LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Class Action Lawsuit Accuses Anthem Of Failing To Secure Private Data

    LOS ANGELES - A California resident on Feb. 9 filed a class action lawsuit in federal court accusing Anthem Inc. of violating, among other things, the state's unfair competition law (UCL) in failing to safeguard personal information contained on the defendant's information technology (IT) systems after a massive breach of the company's systems (John Doe v. Anthem Inc., et al., No. 15-934, C.D. Calif.).

    Mealey's IP/Tech - Comcast Wins Transfer Of Patent Case To Pennsylvania Court

    CHICAGO - Although a plaintiff's decision to file a patent infringement suit against Comcast Cable Communications LLC in Illinois federal court was "appropriate," given the existence of three interrelated cases there, an Illinois federal judge on Feb. 9 nonetheless transferred the dispute to Pennsylvania federal court (Qurio Holdings Inc. v. Comcast Cable Communications LLC, No. 14-7488, N.D. Ill.; 2015 U.S. Dist. LEXIS 14895).

    Mealey's IP/Tech - Copyright, Trademark Plaintiff Wins Partial Summary Judgment

    SAN FRANCISCO - A California federal judge on Feb. 6 awarded a plaintiff summary judgment on claims of copyright and trademark infringement, as well as violations of the Anticybersquatting Consumer Protection Act (ACPA) (Digby Adler Group LLC v. Image Rent A Car Inc., et al., No. 10-617, N.D. Calif.; 2015 U.S. Dist. LEXIS 14664).

    Mealey's IP/Tech - Federal Circuit Reverses, Remands Patent Indefiniteness Holding

    WASHINGTON, D.C. - A Massachusetts federal judge erred in construing a claim in a semiconductor fabrication patent and in granting judgment on the pleadings that the claim is indefinite, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Lexington Luminance LLC v. Amazon.com Inc., et al., No. 14-1384, Fed. Cir.).

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

    WASHINGTON, D.C. - A Michigan federal judge erred in granting a plaintiff a permanent injunction on patent infringement claims because the relief and a related final judgment were premised on an incorrect claim construction, the Federal Circuit U.S. Court of Appeals ruled Feb. 6 (FenF LLC v. SmartThingz Inc., No. 14-1490, Fed. Cir.).

    Mealey's IP/Tech - Jury Finds Symantec Infringed 2 Antivirus Patents, Awards $17 Million

    WILMINGTON, Del. - After a five-day trial, a Delaware federal jury on Feb. 6 found that antivirus software giant Symantec Corp. infringed two patents, awarding $17 million to an intellectual property holding company plaintiff (Intellectual Ventures I LLC v. Symantec Corp., et al., No. 1:10-cv-01067, D. Del.).

    Mealey's IP/Tech - 4th Circuit Affirms Dismissal Of Spam Claims Against Kraft

    RICHMOND, Va. - A purported Internet service provider (ISP) that brought suit against Kraft Foods Inc. under state anti-spam laws had a business plan that centered on litigation-based income, a Fourth Circuit U.S. Court of Appeals panel ruled Feb. 4, affirming dismissal of the claims against Kraft (Beyond Systems Inc. v. Kraft Foods Inc., et al., No. 13-2137, 4th Cir.; 2015 U.S. App. LEXIS 1725).

    Mealey's IP/Tech - 3rd Circuit Affirms: Sale Not Subject To Broad Patent License

    PHILADELPHIA - A Delaware federal judge's decision to reject Walt Disney Studios Motion Picture Production's objections to the sale of six patents was proper, the Third Circuit U.S. Court of Appeals ruled Feb. 5 (In re: DDMG, No. 13-4278, 3rd Cir.).

    Mealey's IP/Tech - Class Actions Filed Against Anthem After Data-Breach Disclosure

    LOS ANGELES - Just two days after Anthem Inc. announced that it "was the target of a very sophisticated external cyber attack" that exposed its customers' personal data to hackers, the health insurance provider on Feb. 5 was hit by putative class actions in California and Alabama federal courts (Samantha Kirby v. Anthem Inc., et al., No. 2:15-cv-00820, C.D. Calif.; Danny Juliano v. Anthem Inc., No. 2:15-cv-00219, N.D. Ala.).

    Mealey's IP/Tech - 3rd Circuit Affirms Summary Judgment In Trademark Case

    PHILADELPHIA - A Pennsylvania federal judge's denial of a motion to transfer a trademark infringement case was affirmed Feb. 5 by the Third Circuit U.S. Court of Appeals, which additionally agreed with the judge's decision to grant summary judgment in favor of the defendant (Collegesource Inc. v. AcademyOne Inc., No. 12-4167, 3rd Cir.; 2015 U.S. App. LEXIS 1845).

    Mealey's IP/Tech - Coca-Cola: Worker Lacks Standing To Pursue Data-Breach Class Claims

    PHILADELPHIA - The Coca-Cola Co. and several of its divisions asked a Pennsylvania federal judge on Feb. 3 to dismiss a Driver's Privacy Protection Act (DPPA) class complaint brought employees after dozens of laptops containing their personal data were stolen (Shane K. Enslin v. The Coca-Cola Company, et al., No. 14-6476, E.D. Pa.).

    Mealey's IP/Tech - 9th Circuit Affirms Injunction In Trademark Litigation

    SAN FRANCISCO - A dispute over the trademarked slogans "I've fallen and I can't get up" and "Help, I've fallen and I can't get up" will proceed in California federal court with an injunction in place, the Ninth Circuit U.S. Court of Appeals ruled Feb. 4 (Life Alert Emergency Response Inc. v. Lifewatch Inc., No. 14-55930, 9th Cir.; 2015 U.S. App. LEXIS 1760).

    Mealey's IP/Tech - Michigan Federal Judge Denies Dismissal In Trademark Case

    GRAND RAPIDS, Mich. - Citing a trademark infringement defendant's "affirmative acts," a Michigan federal judge on Feb. 3 denied dismissal under Federal Rule of Civil Procedure 12(b)(6) (Mor-Dall Enterprises Inc. v. Dark Horse Distillery et al., No. 13-915, W.D. Mich.; 2015 U.S. Dist. LEXIS 12325).

    Mealey's IP/Tech - Federal Circuit Affirms Joint Ownership Of Patent

    WASHINGTON, D.C. - A Massachusetts federal judge did not err in granting GTE Laboratories Inc., GTE Service Corp. and GTE Communications Corp. (GTE, collectively) a summary judgment of joint patent ownership, the Federal Circuit U.S. Court of Appeals ruled Feb. 4 (Walter J. Beriont v. GTE Laboratories Inc., et al., No. 14-1424, Fed. Cir.).

    Mealey's IP/Tech - Utah High Court Finds P2P Investigation Evidence Admissible In Child Porn Case

    SALT LAKE CITY - The Utah Supreme Court on Jan. 30 ruled that a peer-to-peer (P2P) network user had no reasonable expectation of privacy in files he shared publicly and, therefore, the government was permitted to submit evidence of child pornography files that he shared at trial (State of Utah v. Daniel Roberts, No. 20120884, Utah Sup.; 2015 UT 24; 2015 Utah LEXIS 49).

    Mealey's IP/Tech - California Federal Judge: New Class Suit Over Google Buzz Barred By Res Judicata

    SAN JOSE, Calif. - A California federal judge on Feb. 2 dismissed a Stored Communications Act (SCA) class complaint brought against Google Inc. over its social networking tool, finding that the complaint was barred by res judicata (Michael Amalfitano v. Google Inc., No. 14-673, N.D. Calif.; 2015 U.S. Dist. LEXIS 12096).

    Mealey's IP/Tech - No Reconsideration Of Famous Marks Ruling By D.C. Federal Judge

    WASHINGTON, D.C. - A September 2014 judgment by a District of Columbia federal judge that a defendant and counterclaimant failed to demonstrate substantial familiarity with its trademarks within any relevant American consumer market will stand, the judge ruled Feb. 3 (Paleteria La Michocana Inc., et al. v. Productos Lacteos Tocumbo S.A. De C.V., No. 11-1623, D. D.C.; 2015 U.S. Dist. LEXIS 12353).

    Mealey's IP/Tech - Divided Federal Circuit: No Jurisdiction Over Institution Of Review

    WASHINGTON, D.C. - A holding by the Patent Trial and Appeal Board that three claims of a vehicle speed interface patent are obvious was affirmed Feb. 4 by a divided Federal Circuit U.S. Court of Appeals, after the panel rejected claims that it can review decisions to grant or deny petitions for inter partes review (IPR) under the Leahy-Smith America Invents Act (AIA) (In re: Cuozzo Speed Technologies LLC, No. 14-1301, Fed. Cir.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Dismissal Of Copyright Claim

    PHILADELPHIA - A second amended complaint adequately states a claim for infringement of a copyrighted custom trade show exhibit, a Pennsylvania federal judge ruled Feb. 2, denying a motion to dismiss under Federal Rule of Civil Procedure (FRCP) 12(b)(6) (Visual Communications Inc. v. Assurex Health Inc., No. 14-3854, E.D. Pa.; 2015 U.S. Dist. LEXIS 11700).

    Mealey's IP/Tech - Jury Demand Stricken In Copyright, Trademark Case

    WASHINGTON, D.C. - A motion to strike a copyright and trademark infringement defendant's jury demand was granted Feb. 2 by a District of Columbia federal judge (American Society for Testing and Materials, et al. v. Public.Resource.org Inc., No. 13-1215, D. D.C.; 2015 U.S. Dist. LEXIS 11712).

    Mealey's IP/Tech - Antitrust Counterclaims Will Be Added To Illinois Patent Dispute

    CHICAGO - A defendant's request to add three counterclaims of Sherman Act violations and an affirmative defense of inequitable conduct was granted Jan. 30 by an Illinois federal judge (BSP Software LLC v. Motio Inc., No. 12-2100, N.D. Ill.; 2015 U.S. Dist. LEXIS 10799).

    Mealey's IP/Tech - Quicken Must Produce Documents In Suit Over Internet Contest

    DALLAS - A third-party sponsor of an Internet contest based on the National Collegiate Athletic Association (NCAA) Men's Basketball Tournament, which is at the heart of a contractual and intellectual property dispute, must produce documents in response to the plaintiff's subpoena, a Texas federal magistrate judge ruled Jan. 30, denying the sponsor's motion to quash (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

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

    WASHINGTON, D.C. - A District of Columbia federal judge's determination that none of the accused products at issue in a patent case comes within any of the asserted claims was vacated Feb. 2 by the Federal Circuit U.S. Court of Appeals (In re: Papst Licensing Digital Camera Patent Litigation, No. 14-1110, Fed. Cir.).

    Mealey's IP/Tech - Texas Magistrate Judge: Deny Cross-Motions In Trademark Case

    AUSTIN, Texas - A dispute over the "ICS" acronym should proceed in Texas federal court, a magistrate judge recommended Jan. 30 (Innovative Communication Systems Inc. v. Innovative Computing Systems Inc., No. 13-1044, W.D. Texas; 2015 U.S. Dist. LEXIS 10792).

    Mealey's IP/Tech - Recruiting Firm Awarded $206,000 For Ex-Employees' Unauthorized Network Access

    DALLAS - In accordance with a jury verdict, a Texas federal judge on Jan. 30 awarded a plaintiff firm $206,000 for two employees' intentional accessing of its computer network without authorization under Texas law, resulting in the copying of hundreds of proprietary files (Merritt Hawkins & Associates LLC v. Larry Scott Gresham, et al., No. 3:13-cv-00312, N.D. Texas).