LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Illinois Federal Judge Rejects Trademark Cancellation Counterclaim

    CHICAGO - A trademark infringement plaintiff on Feb. 24 won a summary judgment by an Illinois federal judge with regard to a defendant's request for trademark cancellation (Sarkis Cafe Inc. v. Sarks in the Park LLC, No. 12-9686, N.D. Ill.; 2016 U.S. Dist. LEXIS 22566).

    Mealey's IP/Tech - Texas Magistrate Judge Won't Transfer Patent Case To Massachusetts Court

    MARSHALL, Texas - Cisco Systems Inc. will face allegations of patent infringement in Texas, a federal magistrate judge there ruled Feb. 24 (SSL Services LLC v. Cisco Systems Inc., No. 15-433, E.D. Texas.; 2016 U.S. Dist. LEXIS 22250).

    Mealey's IP/Tech - On Remand From Federal Circuit, Judge Sides With Patent Defendants

    NEW YORK - Two counterclaim defendants won a summary judgment Feb. 22 of patent ineligibility under 35 U.S. Code Section 101, when a New York federal judge agreed that the invention asserted in the action - a method for correlating the advertisements that consumers view with their purchasing behavior - claims an abstract idea under Alice Corp. v. CLS Bank (134 S. Ct. 2347, 2354 [2014]) (TNS Media Research LLC, et al. v. TRA Global Inc., No. 11-4039, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21218).

    Mealey's IP/Tech - Georgia Federal Judge: Lanham Act Claims Over UPC Stickers Will Proceed

    ATHENS, Ga. - Universal Purchasing Code (UPC) stickers placed on quail that indicate that a plaintiff is the source of the quail when, in reality, the quail was sourced by a different supplier could lead to consumer confusion, a Georgia federal judge ruled Feb. 22 (Manchester Farms Inc. v. Supremas Inc., No. 14-44, M.D. Ga.; 2016 U.S. Dist. LEXIS 20832).

    Mealey's IP/Tech - Idaho Federal Judge Allows Counterfeiting Case To Proceed

    BOISE, Idaho - An attempt by two defendants to obtain dismissal of trademark counterfeiting claims by invoking the first-sale doctrine was rejected Feb. 22 by an Idaho federal judge (Lone Wolf Distributors Inc. v. Bravoware Inc., et al., No. 15-16, D. Idaho; 2016 U.S. Dist. LEXIS 21325).

    Mealey's IP/Tech - Michigan Federal Judge Rejects Copyright Claim Over Computer Source Code

    DETROIT - Two defendants won summary judgment on allegations of copyright infringement Feb. 23 when a Michigan federal judge agreed that they were granted an implied, nonexclusive license to use a plaintiff's software code (Vasudeva Mahavisno v. Compendia Bioscience Inc., et al., No. 13-12207, E.D. Mich.; 2016 U.S. Dist. LEXIS 21588).

    Mealey's IP/Tech - U.S. Supreme Court Holds Oral Arguments In Consolidated Patent Cases

    WASHINGTON, D.C. - The "objective/subjective" test for enhanced patent damages - already rejected in the attorney fee context - came under fire Feb. 23 at the U.S. Supreme Court in one hour of consolidated argument covering two cases (Stryker Corp., et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).

    Mealey's IP/Tech - Federal Circuit: New Trial On Patent Claims Not Warranted

    WASHINGTON, D.C. - A patent plaintiff's efforts to obtain a new trial were unsuccessful Feb. 22, when the Federal Circuit U.S. Court of Appeals ruled that a jury's verdict of noninfringement was not premised upon an improper claim construction (Nuance Communications Inc. v. ABBYY USA Software House Inc., et al., Nos. 14-1629, -1630, Fed. Cir.; 2016 U.S. App. LEXIS 3014).

    Mealey's IP/Tech - 1st Circuit: Antitrust Scrutiny Extends To Noncash Reverse Payments

    BOSTON - The U.S. Supreme Court's holding in Federal Trade Commission v. Actavis, Inc. (133 S.Ct. 2233 [2013]) is not limited to patent infringement settlement agreements that involve only reverse payments in pure cash form, the First Circuit U.S. Court of Appeals ruled Feb. 22, vacating and remanding a dispute over generic Loestrin 24 FE (In re: Loestrin 24 FE Antitrust Litigation, Nos. 14-2071, 15-1250, 1st Cir.; 2016 U.S. App. LEXIS 3049).

    Mealey's IP/Tech - Federal Circuit Vacates, Remands Patent Board Inter Partes Review Holding

    WASHINGTON, D.C. - Although agreeing that several claims of a coaxial cable connector patent are invalid as obvious, the Federal Circuit U.S. Court of Appeals on Feb. 22 vacated findings by the Patent Trial and Appeal Board that invalidated other claims of the patent and invalidated two related patents (PPC Broadband Inc. v. Corning Optical Communications RF LLC, Nos. 15-1361, -1366, -1368, -1369, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Partly Reverses, Remands Dismissal Of Trademark Case

    SAN FRANCISCO - In light of its intervening decision in La Quinta Worldwide LLC v. Q.R.T.M. S.A. de C.V. (762 F.3d 867, 873 [9th Cir. 2014]), the Ninth Circuit U.S. Court of Appeals on Feb. 19 found that it must reverse and remand a California federal judge's dismissal of trademark infringement allegations levied in connection with a ukulele (Gibson Brands Inc. v. Viacom International Inc. and John Hornby Skewes & Co. Ltd., No. 13-57050, 9th Cir.; 2016 U.S. App. LEXIS 2979).

    Mealey's IP/Tech - 9th Circuit: Misconduct During Closing Requires New Trademark Trial

    SAN FRANCISCO - Although a California federal judge did not err in denying a plaintiff judgment as a matter of law (JMOL) on the merits of its trademark infringement claims, she did abuse her discretion in denying the plaintiff a new trial based upon misrepresentations made by defense counsel during closing statements, the Ninth Circuit U.S. Court of Appeals concluded Feb. 19 (Globefill Inc. v. Elements Spirits Inc. and Kim Brandi, Nos. 14-55456 & 14-55577, 9th Cir.; 2016 U.S. App. LEXIS 2986).

    Mealey's IP/Tech - 2nd Circuit Affirms $450 Million Settlement In Apple E-Book Antitrust Suit

    NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 17 affirmed a $450 million settlement in an antitrust class action over price fixing of electronic books (e-books) by Apple Inc., overruling a lone objector's arguments and noting a prior ruling that affirmed Apple's liability in the suit (In Re: Electronic Books Antitrust Litigation, No.14-4649 and 14-4710, 2nd Cir.; 2016 U.S. App. LEXIS 2642).

    Mealey's IP/Tech - Attorney Fee Demand In Copyright Case Survives Motion To Dismiss

    HARRISBURG, Pa. - Efforts by a copyright infringement defendant to obtain dismissal of a plaintiff's request for an award of attorney fees were unsuccessful Feb. 17, when a Pennsylvania federal judge ruled that such an award is explicitly authorized by the Copyright Act (Crestwood Membranes Inc. v. Constant Services Inc., No. 15-537, M.D. Pa.; 2016 U.S. Dist. LEXIS 19196).

    Mealey's IP/Tech - Judge Permits Testimony On Actual Identifiers In Patent Infringement Lawsuit

    WILMINGTON, Del. - In a patent infringement lawsuit, an expert may testify on actual identifiers in systems for providing efficient data storage that eliminate redundancy using deduplication techniques, a Delaware federal judge ruled Feb. 11, also granting and denying summary judgment on issues of infringement and validity (EMC Corp., et al. v. Pure Storage, Inc., No. 13-1985, D. Del.; 2016 U.S. Dist. LEXIS 16794).

    Mealey's IP/Tech - South Dakota Federal Judge Preliminarily Enjoins Trademark Usage

    RAPID CITY, S.D. - A trademark infringement plaintiff who prevailed at trial in October 2015 was issued a preliminary injunction Feb. 11 by a South Dakota federal judge (Sturgis Motorcycle Rally Inc. v. Rushmore Photo & Gifts Inc., et al., No. 11-5052, D. S.D.; 2016 U.S. Dist. LEXIS 17887).

    Mealey's IP/Tech - Federal Circuit Affirms: Patent Inventorship Claim Is Barred By Laches

    WASHINGTON, D.C. - A Virginia federal judge did not err in concluding that a claim for inventorship of a patented method of manufacturing a contact tip for use in metal inert gas welding, filed 10 years after the patent issued, is barred by laches, according to a Feb. 16 ruling by the Federal Circuit U.S. Court of Appeals (Hedwig Lismont v. Alexander Binzel Schweisstechnik GmbH & Co. KG, et al., No. 14-1846, Fed. Cir.).

    Mealey's IP/Tech - Music Publisher, ISP Spar Over Post-Verdict Motions In File-Sharing Suit

    ALEXANDRIA, Va. - In the wake of a $25 million verdict in which a Virginia federal jury found an Internet service provider (ISP) guilty of contributory infringement in its subscribers' illegal online sharing of copyrighted songs, the ISP and plaintiff publishing company filed opposition briefs Feb. 12 responding to each other's motions for judgment as a matter of law (JMOL) (BMG Rights Management [US] LLC, et al. v. Cox Communications Inc., et al., No. 1:14-cv-01611, E.D. Va.).

    Mealey's IP/Tech - Federal Circuit: Claim Construction In Patent Suit Against Microsoft Was Proper

    WASHINGTON, D.C. - A New York federal judge did not erroneously import limitations from specific embodiments during the claim construction process for two patents, the Federal Circuit U.S. Court of Appeals ruled Feb. 17 (Secure Web Conference Corporation v. Microsoft Corporation, No. 15-1321, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Vacates Inter Partes Review Holding

    WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board to deny Nike Inc.'s motion to substitute four claims of a shoe patent during an inter partes review (IPR) proceeding instituted by adidas AG was vacated in part Feb. 11 by the Federal Circuit U.S. Court of Appeals (Nike Inc. v. adidas AG, No. 14-1719, Fed. Cir.; 2016 U.S. App. LEXIS 2394).

    Mealey's IP/Tech - 2nd Circuit Affirms: Injunction Violated In Copyright Case

    NEW YORK - An injunction issued by a New York federal judge that prohibited the distribution of copyrighted television content over the Internet was violated by "Teleporter" remote storage digital video recording (DVR) technology, the Second Circuit U.S. Court of Appeals ruled Feb. 16 (CBS Broadcasting Inc., et al. v. FilmOn.com Inc., et al., No. 14-3123, 2nd Cir.; 2016 U.S. App. LEXIS 2609).

    Mealey's IP/Tech - Oregon Federal Judge Enjoins Shoe Sales In Trade Dress Dispute

    PORTLAND, Ore. - Finding that adidas America Inc. is likely to prevail on its claim that Skechers USA Inc. infringes various adidas trade dress and the three-stripe logo, an Oregon federal judge on Feb. 12 granted a preliminary injunction (adidas America Inc. v. Skechers USA Inc., No. 15-1741, D. Ore.; 2016 U.S. Dist. LEXIS 17371.; 2016 U.S. Dist. LEXIS 17371).

    Mealey's IP/Tech - Man Convicted Of Commodity Fraud, Spoofing By Computer Seeks Acquittal, New Trial

    CHICAGO - A man who was found guilty of 12 counts of commodity fraud and spoofing by creating computer programs to engage in fraudulent trading argues in a Feb. 12 filing in Illinois federal court that the government failed to establish fraud under the untested statutes on which his indictment and conviction were based (United States of America v. Michael Coscia, No. 1:14-cr-00551, N.D. Ill.).

    Mealey's IP/Tech - Copyright Claim Dismissed With Prejudice By California Federal Judge

    SPOKANE, Wash. - Despite a defendant's assertion of malicious intent, a plaintiff on Feb. 12 was granted permission by a California federal judge to voluntarily dismiss its copyright infringement claim (Leisure Concepts Inc. v. California Home Spas Inc., No. 14-388, E.D. Wash.; 2016 U.S. Dist. LEXIS 17775).

    Mealey's IP/Tech - Some Claims Dismissed In QVC's Suit Over Website Crash Caused By Web Crawler

    PHILADELPHIA - A Pennsylvania federal judge on Feb. 10 granted in part motions to dismiss by defendants that QVC Inc. says were responsible for causing its website to crash due to unauthorized use of a Web-crawler robot, with the judge finding that the home-shopping giant failed to plead that the defendants intended to cause it harm or that relevant agreements bound all parties (QVC Inc. v. Resultly LLC, et al., No. 2:14-cv-06714, E.D. Pa.; 2016 U.S. Dist. LEXIS 16053).