LexisNexis® Legal Newsroom
    Mealey's IP/Tech - On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).

    Mealey's IP/Tech - Copyright Plaintiff Partly Prevails In Dispute Over Streaming TV Content

    MIAMI - A Florida federal judge on Dec. 11 entered summary judgment on behalf of a producer of Colombian television and its distributor, amid allegations that a defendant created a website to stream the plaintiffs' copyrighted content in the United States without permission (Caracol Television S.A., et al. v. TVmiaInternational Corp., et al., No. 16-23486, S.D. Fla., 2017 U.S. Dist. LEXIS 204575).

    Mealey's IP/Tech - 9th Circuit Upholds Fee Award In Favor Of Copyright Defendants

    SAN FRANCISCO - Two sons of the late concert promoter Bill Graham were properly ordered by a California federal judge to reimburse the attorney fees incurred by four copyright infringement defendants, the Ninth Circuit U.S. Court of Appeals ruled Dec. 13 (Alexander Graham-Sult, et al., v. Nicholas Clainos, et al., Nos. 15-17204, 16-16768, - 17083, 9th Cir., 2017 U.S. App. LEXIS 25187).

    Mealey's IP/Tech - Parties Brief Federal Circuit In Dispute Over Pesticide Production Patent

    WASHINGTON, D.C. - In a Dec. 8 appellee brief, a prevailing patent challenger told the Federal Circuit U.S. Court of Appeals to uphold findings by the Patent Trial and Appeal Board that a claimed process for producing the insecticide fipronil would have been obvious to a person of skill in the art (POSA) (Finchimica S.P.A. v. Adama Makhteshim Ltd., No. 17-2195, Fed. Cir.).

    Mealey's IP/Tech - Patent Board Deems Various Claims Of Entropy Coding Patent Obvious

    ALEXANDRIA, Va. - In a Dec. 11 final written decision, the Patent Trial and Appeal Board partly agreed with Apple Inc. that an entropy coding patent does not pass muster under Section 103 of the Patent Act, 35 U.S.C. 103 (Apple Inc. v. FastVDO LLC, No. IPR2016-01203, PTAB).

    Mealey's IP/Tech - LinkedIn, Analytics Firm Debate CFAA, UCL Principles In 9th Circuit Briefs

    SAN FRANCISCO - In a Dec. 11 reply brief seeking reversal of an injunction preventing it from blocking a data analytics firm from scraping user information from its site, LinkedIn Corp. tells the Ninth Circuit U.S. Court of Appeals that the plaintiff's activities violated the Computer Fraud and Abuse Act (CFAA), while contending that its blocking measures do not violate California's unfair competition law (UCL) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

    Mealey's IP/Tech - 9th Circuit Affirms: Subaru Did Not Infringe Copyright, Trademarks

    SAN FRANCISCO - In a Dec. 12 ruling decided without oral argument, the Ninth Circuit U.S. Court of Appeals upheld a California federal judge's dismissal of copyright and trademark infringement allegations stemming from Subaru of America Inc.'s use of "Share the Love" as a slogan in television advertisements (Marilyn Mintz v. Subaru of America Inc., No. 16-3384, 9th Cir.).

    Mealey's IP/Tech - Federal Circuit To Hear Oral Arguments In Dispute Over Patent Priority Date

    WASHINGTON, D.C. - In oral arguments scheduled for Dec. 13, the U.S. Patent and Trademark Office (PTO) will defend findings by the Patent Trial and Appeal Board that an appellant was not entitled to an earlier priority date through either actual reduction to practice or the exercise of reasonable diligence from conception to constructive reduction to practice (ATI Technologies ULC v. Joseph A. Matal, Performing the Functions and Duties of Director of the U.S. Patent and Trademark Office, Nos. 2016-2222, -2406, -2608, Fed. Cir.).

    Mealey's IP/Tech - Copyright Claims Over Chanukah-Themed Party Accessories Survive In Part

    NEW YORK - In a Dec. 8 ruling, a New York federal judge found that although menorahs and dreidels depicted on Chanukah-themed paper cups and plates are "indisputably unprotectable," a comparison in a copyright infringement case of competing cups and plates shows that the items share "virtually identical expressions of those" unprotectable features pursuant to Fisher-Price, Inc. v. Well-Made Toy Mfg. Corp., 25 F.3d 119, 124 (2d Cir. 1994) (King Zak Industries Inc. v. Toys 4 U USA Corp., No. 16-9676, S.D. N.Y., 2017 U.S. Dist. LEXIS 202784).

    Mealey's IP/Tech - Computer Fraud Ruling Against Ex-Employee Partly Reversed By Louisiana Judge

    NEW ORLEANS - A former employee's newly submitted evidence created material issues of fact on parts of his ex-employer's computer fraud and unfair trade practices claims against him, a Louisiana federal judge ruled Dec. 7, partly granting the defendant's reconsideration motion, while declining to reconsider judgment on accompanying trade secrets and conversion claims (Eddie Sussman Sr., et al. v. Financial Guards LLC, et al., No. 2:15-cv-02373, E.D. La., 2017 U.S. Dist. LEXIS 201566).

    Mealey's IP/Tech - Adult Film Firm May Subpoena ISP For File Sharer's Identity

    SAN DIEGO - An adult entertainment firm has sufficiently established a prima facie copyright infringement case against a John Doe online file sharer, a California federal magistrate ruled Dec. 7, granting the plaintiff's motion to conduct expedited discovery on the Doe's internet service provider (ISP) to identify the defendant for litigation purposes (Strike 3 Holdings LLC v. John Doe, No. 3:17-cv-02312, S.D. Calif.).

    Mealey's IP/Tech - Parties In Uber Trade Secrets Suit Won't Stipulate To Special Master Findings

    SAN FRANCISCO - Parties in a trade secrets lawsuit alleging that a former employee of autonomous car development company Waymo LLC stole the company's trade secret information and provided it to his new employer, Uber Technologies Inc., on Dec. 7 refused to agree to stipulate to the findings of a special master tasked with determining whether a letter from a former Uber employee shows that Uber hid evidence so that it could not be used at trial (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Affirms: Post-Alice, Patent Case Lacked Merit

    WASHINGTON, D.C. - A decision by a patent plaintiff to press on with its allegations in the wake of Alice Corp. v. CLS Bank International, despite knowledge that its claims lacked merit, entitled a defendant in the action to an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Dec. 8 (Inventor Holdings LLC v. Bed, Bath & Beyond Inc., No. 16-2442, Fed. Cir., 2017 U.S. App. LEXIS 24781).

    Mealey's IP/Tech - Federal Circuit Partly Reverses Rejection Of Patent Application

    WASHINGTON, D.C. - An examiner's rejection of six claims of a crossbar processing patent application as indefinite was reversed by the Federal Circuit U.S. Court of Appeals on Dec. 8 in light of a concession by the U.S. Patent and Trademark Office that the rejection was erroneous (In re: Blaise Laurent Mouttet, No. 17-2077, Fed. Cir., 2017 U.S. App. LEXIS 24844).

    Mealey's IP/Tech - Federal Circuit Denies Rehearing; Dissent Calls For Clarification On O2 Micro

    WASHINGTON, D.C. - A divided en banc Federal Circuit U.S. Court of Appeals on Dec. 8 refused to rehear a dispute over two communication processing patents, leaving intact a July 2017 ruling that ordered a new trial in the case (NobelBiz Inc. v. Global Connect, L.L.C., et al., Nos. 16-1104, -1105, Fed. Cir., 2017 U.S. App. LEXIS 24780).

    Mealey's IP/Tech - Board Sides Partly With Petitioner In Covered Business Method Patent Review

    ALEXANDRIA, Va. - The Patent Trial and Appeal Board in a Dec. 7 ruling deemed 32 claims of a method patent for "Click Based Trading with Intuitive Grid Display of Market Depth" unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (IBG LLC, et al. v. Trading Technologies International Inc., No. CBM2016-00090, PTAB).

    Mealey's IP/Tech - Federal Circuit Vacates False Marking Judgment, Affirms In Other Respects

    WASHINGTON, D.C. - A Florida federal judge's rejection of allegations a patent owner failed to mark its products was vacated Dec. 7 by the Federal Circuit U.S. Court of Appeals, which found that although it is an accused infringer's duty to produce evidence of unmarked products, it remains a patentee's duty to prove that the products in question do not practice the patented invention (Arctic Cat Inc. v. Bombardier Recreational Products Inc., et al., No. 17-1475, Fed. Cir.).

    Mealey's IP/Tech - Pedometer Patent Singled Out For Inter Partes Review In New Petition

    ALEXANDRIA, Va. - A fitness technology company took aim Dec. 5 at a patented pedometer in a petition for inter partes review (IPR) by the Patent Trial and Appeal Board, asserting that the straps, step-counters, heart-rate monitors, data processors, transmitters and receivers included in the invention were "basic" and "well-known" to a person of skill in the art (POSITA) (Wahoo Fitness LLC v. Blackbird Tech LLC, No. IPR2018-00275, PTAB).

    Mealey's IP/Tech - Indiana Magistrate Judge Denies Wal-Mart Request To Transfer Trademark Case

    SOUTH BEND, Ind. - Efforts by Wal-Mart.com USA LLC and a co-defendant to move allegations of trademark infringement to the U.S. District Court for the Northern District of California were unsuccessful Dec. 6, when an Indiana federal magistrate judge found that "the only factor that narrowly favors transfer is convenience of the third-party Chinese witnesses" (Dwyer Instruments Inc. v. Wal-Mart.com USA LLC, et al., No. 17-636, N.D. Ind., 2017 U.S. Dist. LEXIS 200566).

    Mealey's IP/Tech - Spokeo Seeks 2nd Certiorari Grant Over Injury-In-Fact Standing Requirement

    WASHINGTON, D.C. - Less than two years after the U.S. Supreme Court ruled on the concrete injury requirement to establish standing under Article III of the U.S. Constitution in a lawsuit over alleged violation of the Fair Credit Reporting Act (FCRA), the data aggregator defendant filed a renewed petition for certiorari Dec. 4, citing conflicting lower court interpretations of the prior ruling and a remand ruling by the Ninth Circuit U.S. Court of Appeals that it says undermines the 2016 decision (Spokeo Inc. v. Thomas Robins, No. 17-806, U.S. Sup.).

    Mealey's IP/Tech - Insurer Asks 2nd Circuit To Find Wire Transfer Theft Is Not Covered Under Policy

    NEW YORK - An insurer asked the Second Circuit U.S. Court of Appeals on Dec. 5 to reverse a lower court's finding that coverage for a firm's multimillion-dollar loss due to a fraudulent wire transfer scheme existed under the computer fraud provision of the company's executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 17-2492, 2nd Cir.).

    Mealey's IP/Tech - Board Cancels Various Claims Of User ID, Access Control Code Tracking Patent

    ALEXANDRIA, Va. - In a Dec. 5 final written decision, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that various claims of a patented system for conveying geographical information about a person or object to a group of users would have been obvious to a person of skill in the art (TV Management Inc., d/b/a GPS North America v. Perdiemco LLC, No. IPR2016-01061, PTAB).

    Mealey's IP/Tech - Trademark Dispute Over Literacy Program Survives Dismissal Request In Texas

    DALLAS - Efforts by a defendant to obtain dismissal of trademark infringement allegations stemming from the use of - among other things - a million-dollar bill bookmark in connection with a literacy program were unsuccessful on Dec. 5, when a Texas federal judge denied the request (Springboards to Education v. Demco Inc., et al., No. 16-2398, N.D. Texas).

    Mealey's IP/Tech - Federal Circuit Largely Sides With Patent Board In Consolidated Appeal

    WASHINGTON, D.C. - In a Dec. 5 ruling, the Federal Circuit upheld findings of patent invalidity by the Patent Trial and Appeal Board in two cases but ruled against the board - and in favor of three inter partes review (IPR) petitioners - in a third case, in which the board deemed the disputed technology patentable (CRFD Research Inc. v. Joseph Matal, No. 16-2198; CRFD Research Inc. v. DISH Network Corp., No. 16-2298; Hulu LLC v. CRFD Research Inc., No. 16-2437, Fed. Cir.).

    Mealey's IP/Tech - Florida Federal Judge: Trademark Not Promoted In Unsolicited Facsimiles

    WEST PALM BEACH, Fla. - Citing a lack of personal jurisdiction over two defendants accused of violating the Telephone Consumer Protection Act (TCPA), a Florida federal judge on Dec. 1 reversed course, vacating his earlier finding that unsolicited facsimile (fax) advertisements bearing the "Ulesfia" trademark were sent on behalf of the mark owner (S.A.S.B. Corporation, et al., v. Concordia Pharmaceuticals Inc., et al., No. 16-14108, S.D. Fla., 2017 U.S. Dist. LEXIS 199021).