LexisNexis® Legal Newsroom
    Mealey's IP/Tech - NSA Spying Plaintiffs Advise D.C. Circuit Of Clapper Ruling, Request Judgment

    WASHINGTON, D.C. - In a notice filed May 26, the plaintiffs in a lawsuit regarding the data collection activities of the National Security Agency (NSA) advised the District of Columbia U.S. Circuit Court of Appeals of a recent Second Circuit U.S. Court of Appeals ruling that deemed the NSA's program not authorized by the USA Patriot Act (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).

    Mealey's IP/Tech - Indiana Federal Magistrate Judge Denies Stay Of Patent Litigation

    INDIANAPOLIS - Citing his June 2014 approval of a Case Management Plan, in-progress discovery and a scheduled claim construction hearing, an Indiana federal magistrate judge on May 26 denied a defendant's request for a stay of patent infringement claims pending resolution of its inter partes review (IPR) request before the U.S. Patent and Trademark Office (PTO) (Bonutti Research Inc., et al. v. Lantz Medical Inc., No. 14-609, S.D. Ind.; 2015 U.S. Dist. LEXIS 67450).

    Mealey's IP/Tech - Amended Complaint, Named Plaintiff Substitute Permitted In Facebook Privacy Suit

    SAN JOSE, Calif. - Although a California federal judge found the motion to file a third amended complaint (TAC) to add an additional named plaintiff in a privacy class action against Facebook Inc. to be untimely, he found no bad faith on the plaintiffs' part and no substantial prejudice to Facebook, granting the motion in a May 22 ruling (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.).

    Mealey's IP/Tech - Most Expert Testimony On Bra Patents, Damages Allowed By Judge

    FORT MYERS, Fla. - A Florida federal judge on May 24 declined to exclude the testimony of a patent validity expert but limited the testimony of a damages expert so that taxes are not deducted from an accused infringer's gross profit margin, finding that if there is infringement, it is more equitable for the patent holder to receive any windfall that may occur by not deducting the taxes paid (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 67394).

    Mealey's IP/Tech - Fox News Can't Dodge Defamation Suit Over Viral Beach Video

    ORLANDO, Fla. - Two Florida women have sufficiently alleged defamation against Fox News Networks LLC related to its airing of a video clip of the women on television and posting of it online, a Florida federal judge ruled May 21, denying the network's motion to dismiss (Kathleen M. Duffy, et al. v. Fox News Networks LLC, No. 6:14-cv-01545, M.D. Fla.; 2015 U.S. Dist. LEXIS 66534).

    Mealey's IP/Tech - 9th Circuit Says Copyright Invalidity Holding Was Error

    SAN FRANCISCO - A California federal judge erroneously deemed an infringement plaintiff's copyrighted "zebra" design invalid, according to a May 22 ruling by the Ninth Circuit U.S. Court of Appeals (Meridian Textiles Inc. v. Topson Downs of California Inc. et al., No. 12-17590, 9th Cir.; 2015 U.S. App. LEXIS 8545).

    Mealey's IP/Tech - 9th Circuit Reverses, Remands Holding In Copyright Case

    SAN FRANCISCO - Allegations that various defendants infringed 24 copyrighted jewelry designs will proceed to trial, the Ninth Circuit U.S. Court of Appeals ruled May 22 (A'lor International Ltd. v. Tappers Fine Jewelry Inc., et al., No. 13-55816, 9th Cir.; 2015 U.S. App. LEXIS 8548).

    Mealey's IP/Tech - Divided Supreme Court: Belief Of Patent Invalidity No Defense To Infringement

    WASHINGTON, D.C. - In a 6-2 ruling, with Justice Stephen G. Breyer recused, the U.S. Supreme Court on May 26 rejected claims by Cisco Systems Inc. that having a good faith belief that a patent is invalid can serve as a defense to claims of induced patent infringement (Commil USA LLC v. Cisco Systems Inc., No. 13-896, U.S. Sup.).

    Mealey's IP/Tech - Federal Circuit Affirms Patent Noninfringement, Invalidity Holdings

    WASHINGTON, D.C. - A Washington federal judge's determination that Microsoft Corp. did not infringe various claims of a speech recognition patent was upheld May 22 by the Federal Circuit U.S. Court of Appeals (Allvoice Developments US LLC v. Microsoft Corp., No. 14-1258, Fed. Cir.).

    Mealey's IP/Tech - North Carolina Federal Judge Reverses Transfer Order In Patent Case

    CHARLOTTE, N.C. - A North Carolina federal magistrate judge's order granting a patent infringement defendant's motion to transfer venue to the U.S. District Court for the Eastern District of Michigan was reversed May 21 by a North Carolina federal judge (Celgard LLC v. LG Chem Ltd., No. 14-43, W.D. N.C.; 2015 U.S. Dist. LEXIS 66600).

    Mealey's IP/Tech - Massachusetts Federal Judge Denies Summary Judgment In Patent Case

    BOSTON - A request by Boston University for summary judgment of infringement of a semiconductor patent was denied May 20 by a Massachusetts federal judge (Trustees of Boston University v. Everlight Electronics Co. Ltd., et al., No. 12-11935, D. Mass.; 2015 U.S. Dist. LEXIS 65840).

    Mealey's IP/Tech - Relief Granted In Part By Oklahoma Federal Judge In Trademark Case

    OKLAHOMA CITY - A former student of the late, famed golfer Moe Norman was preliminarily enjoined, in part, by an Oklahoma federal judge on May 20 from using the "Moe Norman" trademark in connection with golf services (Estate of Moe Norman et al. v. Greg Lavern, No. 14-1435, W.D. Okla.; 2015 U.S. Dist. LEXIS 65611).

    Mealey's IP/Tech - 5th Circuit: Award Of Attorney Fees Properly Denied In Copyright Case

    NEW ORLEANS - Finding no abuse of discretion in a Texas federal judge's decision to deny a prevailing copyright infringement defendant its attorney fees, the Fifth Circuit U.S. Court of Appeals on May 20 affirmed (Macro Niche Software Inc., et al. v. Imaging Solutions of Australia, No. 14-20371, 5th Cir.; 2015 U.S. App. LEXIS 8348).

    Mealey's IP/Tech - Duke University Wins Right To File 2nd Amended Patent Complaint

    GREENSBORO, N.C. - A North Carolina federal magistrate judge on May 19 granted Allergan Inc. and Duke University leave to amend to remove all allegations of infringement of one patent while narrowing their infringement allegations as they relate to another (Allergan Inc. and Duke University v. Apotex Inc., et al., No. 14-1028, M.D. N.C.; 2015 U.S. Dist. LEXIS 64973).

    Mealey's IP/Tech - 9th Circuit Partly Affirms, Partly Vacates Copyright Holdings

    SAN FRANCISCO - Although a California federal magistrate judge abused his discretion by "categorically" denying a prevailing copyright infringement plaintiff her full request for attorney fees, he properly denied a motion for sanctions by the plaintiff in connection with alleged evidence spoliation, the Ninth Circuit U.S. Court of Appeals ruled May 19 (Victoria Ryan v. Editions Limited West, et al., Nos. 12-17810, 13-15061, 9th Cir.; 2015 U.S. App. LEXIS 8199).

    Mealey's IP/Tech - 4th Circuit Vacates Injunction, Says NAACP Trademark Not Infringed

    RICHMOND, Va. - A Virginia federal judge's injunction barring two trademark infringement counterclaim defendants from using the "NAACP" trademark was vacated May 19 by the Fourth Circuit U.S. Court of Appeals, which remanded with instructions to dismiss the counterclaim (The Radiance Foundation, et al. v. National Association for the Advancement of Colored People, et al., No. 14-1568, 4th Cir.; 2015 U.S. App. LEXIS 8203).

    Mealey's IP/Tech - Indiana Magistrate Says Default Sanction In Copyright Case Warranted

    INDIANAPOLIS - Although noting that entry of a default judgment in response to discovery abuses is an "extreme" and "draconian" measure, an Indiana federal magistrate judge on May 18 nonetheless found that conduct by two copyright infringement defendants "warrants the harshest of sanctions" (Malibu Media LLC v. Kelley Tashiro and N. Charles Tashiro, No. 13-205, S.D. Ill.; 2015 U.S. Dist. LEXIS 64281).

    Mealey's IP/Tech - Federal Circuit Vacates Apple's Trade Dress Win Against Samsung

    WASHINGTON, D.C. - Although leaving intact a California federal jury's determination that Apple Inc.'s design and utility patents were infringed by Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America LLC (Samsung, collectively), the Federal Circuit U.S. Court of Appeals on May 18 vacated a finding by jurors that Apple's asserted registered and unregistered iPhone trade dress is entitled to protection (Apple Inc. v. Samsung Electronics Co. Ltd., et al., Nos. 14-1335, 15-1029, Fed. Cir.; 2015 U.S. App. LEXIS 8096).

    Mealey's IP/Tech - En Banc 9th Circuit Dissolves Panel's Order That YouTube Take Down Anti-Muslim Film

    PASADENA, Calif. - Reversing a previous panel decision ordering YouTube LLC and Google Inc. to take down a controversial anti-Muslim film based on an actress' "heartfelt plea for personal protection," an en banc Ninth Circuit U.S. Court of Appeals majority on May 18 held that "a weak copyright claim cannot justify censorship in the guise of authorship" (Cindy Lee Garcia v. Google Inc., et al., No. 12-57302, 9th Cir.; 2015 U.S. App. LEXIS 8105).

    Mealey's IP/Tech - Federal Circuit Vacates Genericness Holding By Trademark Board

    WASHINGTON, D.C. - A final decision by the Trademark Trial and Appeal Board to cancel a registration for "Pretzel Crisps" in connection with pretzel crackers on grounds that the term is generic was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 15 (Princeton Vanguard LLC v. Frito-Lay North America Inc., No. 14-1517, Fed. Cir.).

    Mealey's IP/Tech - Government Advises D.C. Circuit Of 11th Circuit Ruling In NSA Spying Suit

    WASHINGTON, D.C. - In a letter filed May 15, the U.S. government defendants in a lawsuit regarding the surveillance activities of the National Security Agency (NSA) advised the District of Columbia U.S. Circuit Court of Appeals of a recent ruling in which the 11th Circuit U.S. Court of Appeals found "no reasonable expectation of privacy in telephone metadata" (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).

    Mealey's IP/Tech - 3rd Circuit Partly Vacates Holdings In Trademark Case

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on May 15 vacated a $7,120 sanction entered against a former physician accused of trademark infringement (American Board of Surgery Inc. v. Keith A. Lasko, et al., No. 14-1785, 3rd Cir.; 2015 U.S. App. LEXIS 8031).

    Mealey's IP/Tech - Magistrate Finds No Jurisdiction Over Candy Firms' Cybersquatting Dispute

    PITTSBURGH - Although a Pennsylvania federal magistrate judge found that no jurisdiction existed over a Chicago-based chocolatier that is the defendant in a cybersquatting lawsuit, in a May 12 ruling she opted to transfer the matter to Illinois rather than grant the defendant's dismissal motion (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 2:14-cv-01568, W.D. Pa.; 2015 U.S. Dist. LEXIS 62048).

    Mealey's IP/Tech - Federal Circuit: Some Activities Not Entitled To Safe Harbor Immunity

    WASHINGTON, D.C. - Although a Maryland federal judge properly granted a pharmaceutical company summary judgment of noninfringement under 35 U.S. Code Section 271(e)(1) with regard to certain activities, the summary judgment must be vacated with regard to others, the Federal Circuit U.S. Court of Appeals ruled May 13 (Classen Immunotherapies Inc. et al. v. Elan Pharmaceuticals Inc., No. 14-1671, Fed. Cir.; 2015 U.S. App. LEXIS 7854).

    Mealey's IP/Tech - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

    SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).