LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Adult Film Company Denied Unrestricted Access To Defendants' Computer Drives

    TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court of Appeals case law and Federal Rule of Civil Procedure 34 do not permit the unrestricted computer hard drive access sought in the subpoena (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.).

    Mealey's IP/Tech - 'Smart Candle' Adds No Recognition Beyond Trade Name, 8th Circuit Rules

    ST. LOUIS - Underlying allegations fail to allege "in either substance or form" the misuse of a slogan, the Eighth Circuit U.S. Court of Appeals found March 26, affirming a lower court's ruling that the insurer has no duty to defend or indemnify its insured against an underlying dispute over the use of the name "Smart Candle" (Selective Insurance Co. of America v. Smart Candle LLC, No. 14-1356, 8th Cir.; 2015 U.S. App. LEXIS 4894).

    Mealey's IP/Tech - New Jersey Federal Judge Dismisses Turnpike Authority's Trademark Complaint

    TRENTON, N.J. - Allegations of trademark infringement by the New Jersey Turnpike Authority against a Florida pizzeria were dismissed March 26, when a New Jersey federal judge deemed jurisdiction over a defendant lacking (New Jersey Turnpike Authority v. Jersey Boardwalk Pizza Inc., et al., No. 14-4589, D. N.J.).

    Mealey's IP/Tech - 11th Circuit Affirms Denial Of Fee Award In Copyright Case

    ATLANTA - A Florida federal judge properly adopted a magistrate judge's recommendation that a copyright infringement defendant be denied prevailing-party attorney fees under the Copyright Act, the 11th Circuit U.S. Court of Appeals affirmed March 26 (Malibu Media LLC v. Leo Pelizzo, No. 14-11795, 11th Cir.; 2015 U.S. App. LEXIS 4898).

    Mealey's IP/Tech - Magistrate Judge Sets Deadline For Discovery In Fracking Trade Name Dispute

    COLUMBUS, Ohio - A federal magistrate judge in Ohio on March 24 ordered that discovery be completed no later than April 13 in a trade name dispute between an energy company and a hydraulic fracturing company that are competing in the same energy market. The energy company contends that the fracking company should be permanently enjoined from using the name and should be compelled to produce the leases it has with landowners (American Energy Corporation v. American Energy Partners, No. 13-00886, S.D. Ohio).

    Mealey's IP/Tech - Federal Circuit Affirms: Challenge Of Patent Revival Properly Rejected

    WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office to revive a patent application previously deemed abandoned for failure to satisfy a filing schedule was not subject to third-party collateral challenge, the Federal Circuit U.S. Court of Appeals affirmed March 26 in a per curiam decision (Exela Pharma Sciences LLC et al. v. Michele K. Lee et al., No. 13-1206, Fed. Cir.).

    Mealey's IP/Tech - Privacy, Unfair Competition Class Claims May Proceed Against Apple, App Makers

    SAN FRANCISCO - A California federal judge on March 23 mostly denied motions by Apple Inc. and a group of application (app) developers to dismiss a class action alleging privacy and other violations related to purported misappropriation of information in the address books of certain Apple devices (iDevices) (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.; 2015 U.S. Dist. LEXIS 36137).

    Mealey's IP/Tech - Illinois Federal Judge Partly Grants Dismissal In Copyright Case

    CHICAGO - Plaintiff American Medical Association (AMA) and three defendants in a declaratory judgment copyright action were ordered March 25 by an Illinois federal judge to show cause why the dispute should not be consolidated with another pending case (American Medical Association v. 3Lions Publishing Inc. et al., No. 14-5280, N.D. Ill.; 2015 U.S. Dist. LEXIS 37891.).

    Mealey's IP/Tech - Judgment On The Pleadings Denied In Trademark Dispute

    HARTFORD, Conn. - Allegations of trademark infringement and violations of the Anticybersquatting Consumer Protection Act (ACPA) levied in connection with typosquatting will proceed, a Connecticut federal judge ruled March 24 (Edible Arrangements LLC and Edible Arrangements International LLC v. Provide Commerce Inc., No. 14-250, D. Conn.; 2015 U.S. Dist. LEXIS 36322).

    Mealey's IP/Tech - Federal Circuit Upholds Anticipation, Obviousness Findings By Patent Board

    WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to enter a new anticipation ground of rejection of a cutting tool patent while also affirming an examiner's previous obviousness rejection of other claims of the same patent was affirmed March 25 by the Federal Circuit U.S. Court of Appeals (Kennametal Inc. v. Ingersoll Cutting Tool Co., No. 14-1350, Fed. Cir.).

    Mealey's IP/Tech - New York Federal Judge Issues Injunction In Trademark Dispute

    CENTRAL ISLIP, N.Y. - A defaulting defendant was ordered March 23 by a New York federal judge to change its "Solo Salon Studios" name, in light of likely confusion with "Sola Salon Studios" (Sola Salon Studios LLC v. Solo Salon Studios Inc., No. 14-946, E.D. N.Y.; 2015 U.S. Dist. LEXIS 35901).

    Mealey's IP/Tech - Summary Judgment, Daubert Motions Denied In Class Action Over 'Download Insurance'

    MINNEAPOLIS - Both sides motions' to exclude expert witness testimony in an unfair competition dispute over Symantec Corp.'s so-called download insurance were denied by a Minnesota federal judge March 19, albeit with some restrictions (Devi Khoday, et al. v. Symantec Corp., et al., No. 0:11-cv-00180, D. Minn.; 2015 U.S. Dist. LEXIS 34953).

    Mealey's IP/Tech - $20 Million Settlement In Unauthorized Charges Class Suit Is Vacated

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 19 vacated a $20 million settlement in a class suit over unauthorized charges in light of the Feb. 27 decision in Frank v. Netflix (In re Online DVD-Rental Antitrust Litig.) (No. 12-15705, 9th Cir.) and remanded for further proceedings (In re: Easysaver Rewards Litigation, No. 13-55373, 9th Cir.; 2015 U.S. App. LEXIS 4494).

    Mealey's IP/Tech - Telecom Association Sues FCC To Halt Net Neutrality Order

    WASHINGTON, D.C. - Less than two weeks after the Federal Communications Commission released its comprehensive report and order on "Protecting and Promoting the Open Internet," a trade association of telecommunications service providers and suppliers (telecoms) on March 23 filed a petition seeking the review of the order in the District of Columbia Circuit U.S. Court of Appeals, asserting that the order violates the U.S. Constitution and federal law (United States Telecom Association v. Federal Communications Commission, et al., No. 15-1063, D.C. Cir.).

    Mealey's IP/Tech - Federal Circuit Won't Rehear Patent Dispute Over Enhanced Damages

    WASHINGTON, D.C. - An October 2014 holding that a defendant's infringement was not willful will stand, thanks to a March 23 denial of a petition for rehearing and rehearing en banc by the Federal Circuit U.S. Court of Appeals (Halo Electronics Inc. v. Pulse Electronics Inc., et al., Nos. 13-1472, -1656, Fed. Cir.).

    Mealey's IP/Tech - Divided Supreme Court: Issue Preclusion Applies In Trademark Dispute

    WASHINGTON, D.C. - The Eighth Circuit U.S. Court of Appeals erroneously ruled that the Trademark Trial and Appeal Board (TTAB) applies a different likelihood of confusion standard when weighing a trademark registration than district courts apply when weighing allegations of infringement, a divided U.S. Supreme Court ruled March 24 (B&B Hardware Inc. v. Hargis Industries Inc., No. 13-352, U.S. Sup.).

    Mealey's IP/Tech - 9th Circuit Reinstates Class Allegations In Xbox 360 Defect Lawsuit

    SEATTLE - A trial court abused its discretion when it struck class allegations in a lawsuit that alleges that there was a design defect in Microsoft Corp.'s Xbox 360 video game console that results in gouged game discs, a Ninth Circuit U.S. Court of Appeals panel majority ruled March 18 (Seth Baker, et al. v. Microsoft Corporation, No. 12-35946, 9th Cir.; 2015 U.S. App. LEXIS 4317).

    Mealey's IP/Tech - Some Expert Reports Excluded In Power Supply Patent Lawsuit

    WILMINGTON, Del. - A Delaware federal judge on March 20 partly granted and partly denied motions to exclude expert testimony filed by both parties in a patent infringement lawsuit related to power supply technology (Fairchild Semiconductor Corp., et al. v. Power Integrations Inc., No. 1:12-cv-00540, D. Del.; 2015 U.S. Dist. LEXIS 34873).

    Mealey's IP/Tech - Microsoft's Suit Against Insured Failed To Allege 'Advertising Injury,' Panel Says

    CHICAGO - An Illinois appeals panel on March 20 affirmed a lower court's ruling that an insurer has no duty to defend or indemnify its insured against underlying claims that it violated Microsoft Corp.'s intellectual property rights by selling computers that were loaded with unauthorized copies of Microsoft's software (Erie Insurance Exchange v. Compeve Corp., et al., No. 1-14-2508, Ill. App., 1st Dist., 5th Div.; 2015 Ill. App. Unpub. LEXIS 561).

    Mealey's IP/Tech - Federal Circuit Affirms Infringement, Validity Holdings In Patent Case

    WASHINGTON, D.C. - A Delaware federal judge properly construed various disputed phrases in two injectable acetaminophen patents and correctly concluded that a defendant infringed those asserted claims, the Federal Circuit U.S. Court of Appeals held March 23 (Cadence Pharmaceuticals Inc., et al. v. Exela PharmSci Inc., et al., No. 14-1184, Fed. Cir.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Sides With Copyright Plaintiff

    PHILADELPHIA - A motion for judgment as a matter of law (JMOL) by two textbook makers following an adverse jury verdict in a copyright case was rejected March 20 by a Pennsylvania federal judge (Grant Heilman Photography Inc. v. McGraw-Hill Global Holdings LLC, et al., No. 12-2061, E.D. Pa.; 2015 U.S. Dist. LEXIS 34813).

    Mealey's IP/Tech - Defamation Suit Alleged Intent To Injure; No Coverage, 8th Circuit Affirms

    ST. PAUL, Minn. - The Eighth Circuit U.S. Court of Appeals on March 19 affirmed that because a general and personal liability insurance policy bars coverage for defamation committed with an intent to injure, the insurer has no duty to defend against claims that an orthodontist posted online defamatory comments about a competitor (Sletten & Brettin Orthodontics, LLC, et al. v. Continental Casualty Co., et al., No. 13-2918, 8th Cir.).

    Mealey's IP/Tech - 2nd Circuit: Defamation Claims Against Union By Former Member Are Time-Barred

    NEW YORK - Claims by a former union member and his wife that they were defamed in a union newsletter that was printed and also published on a website hosted by GoDaddy.com LLC all fail because the claims against the union are time-barred and the website host is entitled to immunity, the Second Circuit U.S. Court of Appeals ruled March 18 (Peter Ricci, et al. v. Teamsters Union Local 456, et al., No. 14-1732, 2nd Cir.; 2015 U.S. App. LEXIS 4303).

    Mealey's IP/Tech - California Federal Judge: Biologics Statute No Bar To Patent Counterclaims

    SAN FRANCISCO - Declaratory judgment counterclaims of patent noninfringement and invalidity can proceed because they are not barred by any provision in the Biologics Price Competition and Innovation Act (BPCIA), a California federal judge ruled March 19 (Amgen Inc., et al. v. Sandoz Inc., et al., No. 14-4741, N.D. Calif.; 2015 U.S. Dist. LEXIS 34537).

    Mealey's IP/Tech - Georgia Federal Judge Rejects Attorney Fee Request In Copyright Case

    ATLANTA - A photographer need not pay a partly prevailing copyright infringement defendant its attorney fees because the photographer's allegation of removal of copyright management information (CMI) "was not entirely without merit," according to a March 19 ruling by a Georgia federal judge (Iran Watson v. Kappa Map Group LLC, No. 14-100, N.D. Ga.; 2015 U.S. Dist. LEXIS 33852).