LexisNexis® Legal Newsroom
    Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Again Rejects Claim Constructions

    WASHINGTON, D.C. - Despite a decision by the U.S. Supreme Court to vacate and remand an earlier reversal by the Federal Circuit U.S. Court of Appeals of a Florida federal judge's claim construction in light of Teva Pharmaceuticals USA Inc. v. Sandoz Inc. (135 S. Ct. 831 [2015]), the Federal Circuit on June 2 held firm, again rejecting the constructions (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 13-1409, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Opposition Of Registration For 'IWatch' Trademark

    WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly sustained an opposition by Swatch AG of a trademark application for "iWatch" on grounds that the applicant lacked a bona fide intent to use the mark in commerce, the Federal Circuit U.S. Court of Appeals ruled June 4 (M.Z. Berger & Co. Inc. v. Swatch AG, No. 14-1219, Fed. Cir.; 2015 U.S. App. LEXIS 9276).

    Mealey's IP/Tech - Google Opposes Certification Of Android User Privacy, Unfair Competition Class

    SAN JOSE, Calif. - In a June 2 opposition brief, which echoed its pending motion to dismiss, Google Inc. says a putative class of Android device users has not offered "a shred of evidence" that any "class member has suffered any damage at all" from alleged breach of contract, privacy and unfair competition violations associated with Google's purported use of and sharing of their personally identifiable information (PII) (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

    Mealey's IP/Tech - Google Seeks To Compel Studios' Discovery Responses In Suit With Mississippi AG

    NEW YORK - Google Inc. moved in New York federal court on June 1, seeking to compel three movie studios to comply with discovery subpoenas served on them in a lawsuit in Mississippi federal court in which Google asserts constitutional violations in Mississippi Attorney General Jim Hood's investigation of it under the Mississippi Consumer Protection Act (MCPA) (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).

    Mealey's IP/Tech - Judge Excludes Testimony By Damages Expert In Suit Over Bra Patents

    FORT MYERS, Fla. - A Florida federal judge on June 3 limited the testimony of a damages expert in a patent dispute, directed the expert to file an amended total royalty analysis and questioned the expert's qualifications, reserving ruling on whether he is qualified until he is questioned at trial (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 71716).

    Mealey's IP/Tech - Federal Judge: Facts Issues Preclude Summary Judgment As To The Estoppel Theory

    TAMPA, Fla. - A Florida federal judge on June 1 held that there are material issues of fact to be determined by a trier of fact regarding whether an insurer is estopped from denying coverage for underlying copyright infringement claims brought against a designer of pre-drawn home plans (State National Insurance Company Inc. v. Highland Holdings Inc., et al., No. 8:14-cv-00524, M.D. Fla.; 2015 U.S. Dist. LEXIS 70616).

    Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Petition To Cancel Trademark

    WASHINGTON, D.C. - Finding no error in a rejection by the Trademark Trial and Appeal Board (TTAB) of a petition to cancel the "Colorworx" trademark, the Federal Circuit U.S. Court of Appeals on June 3 affirmed (Joel Beling v. Ennis Inc., No. 15-1157, Fed. Cir.).

    Mealey's IP/Tech - Copyright Claims Dismissed, Patent Claims Survive In Kansas Case

    KANSAS CITY, Kan. - A dispute over paperboard cars used by a restaurant to serve children's meals will proceed without a copyright infringement claim, a Kansas federal judge ruled June 2 (Kid Stuff Marketing Inc. v. Creative Consumer Concepts Inc. et al., No. 15-2620, D. Kan.; 2015 U.S. Dist. LEXIS 70779).

    Mealey's IP/Tech - Patent Claims Against Movie Studios Dismissed By Florida Federal Judge

    MIAMI - A Florida federal judge on June 1 agreed with two declaratory judgment patent infringement plaintiffs that a defendant's counterclaims of patent infringement fail to demonstrate sufficient intent or knowledge of the patents in suit (Twentieth Century Fox Home Entertainment LLC v. Nissim Corp., No. 14-81349; Paramount Pictures Corp. v. Nissim Corp., No. 14-81350, S.D. Fla.; 2015 U.S. Dist. LEXIS 70467).

    Mealey's IP/Tech - Virginia Federal Judge: Patent Litigation Not Exceptional

    NORFOLK, Va. - Efforts by a patent infringement defendant and inequitable conduct counterclaimant to recoup its attorney fees in connection with the litigation were unsuccessful on June 1 (Certusview Technologies LLC v. S&N Locating Services LLC et al., No. 13-346, E.D. Va.).

    Mealey's IP/Tech - Nevada Federal Judge Won't Issue Indicative Ruling in Trademark Case

    LAS VEGAS - A request for an indicative ruling that would reconsider his earlier dismissal, on jurisdiction grounds, of a dispute over the "MacPoker" trademark was denied June 1 by a Nevada federal judge (Best Odds Corp. v. iBus Media et al., No. 13-2008, D. Nev.; 2015 U.S. Dist. LEXIS 70509).

    Mealey's IP/Tech - Trade Dress Infringement Claim Covered Under Policy, 11th Circuit Affirms

    ATLANTA - The 11th Circuit U.S. Court of Appeals on May 28 affirmed a lower federal court's ruling that commercial general liability coverage exists for an underlying trade dress infringement claim against a restaurant insured, further finding that the court properly determined the amount of attorney fees awarded to the insured (Maiden Specialty Insurance Co. v. Three Chefs and a Chicken, Inc., et al., No. 14-11574, 11th Cir.; 2015 U.S. App. LEXIS 8804).

    Mealey's IP/Tech - Panel Affirms Dismissal Of Psychologist's Trademark Claims Against Google, Yahoo

    SAN JOSE, Calif. - Finding no secondary meaning in a psychologist's name, a California appeals panel on May 27 affirmed a trial court's dismissal of her trademark claims against Google Inc. and Yahoo Inc., also affirming the lower court's discovery rulings and denial of a motion to file an amended complaint (Carla Ison v. Google Inc., et al., No. H039439, Calif. App., 6th Dist.; 2015 Cal. App. Unpub. LEXIS 3667).

    Mealey's IP/Tech - Jurisdiction Lacking In Copyright, Lanham Act Case, Federal Judge Says

    CHICAGO - An Illinois federal judge on May 29 granted without prejudice a motion to dismiss a copyright infringement and federal unfair competition lawsuit for lack of personal jurisdiction (Appjigger GmbH v. BLU Products Inc. et al., No. 14-9650, N.D. Ill.; 2015 U.S. Dist. LEXIS 69477).

    Mealey's IP/Tech - Federal Judge Says Patent Claims Ineligible Subject Matter

    MARSHALL, Texas - Allegations that a defendant infringed a patented method and system for providing incentive awards programs over a computer network were rejected on summary judgment on May 29 (Kroy IP Holdings LLC v. Safeway Inc., No. 12-800, E.D. Texas; 2015 U.S. Dist. LEXIS 69363).

    Mealey's IP/Tech - Declaratory Judgment Patent Plaintiff Wins Fees In Delaware Action

    WILMINGTON, Del. - Citing "loser pays" language in a 1991 agreement, a Delaware federal judge on May 27 deemed Medtronic Inc. entitled to an award of all attorney fees and costs it incurred in bringing a declaratory judgment patent noninfringement lawsuit in 2007 (Medtronic Inc. v. Boston Scientific Corp. et al., No. 07-823, D. Del.; 2015 U.S. Dist. LEXIS 68009).

    Mealey's IP/Tech - Class Certified For Stored Communications Act Claim Over Yahoo's Email Scanning

    SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2015 U.S. Dist. LEXIS 68585).

    Mealey's IP/Tech - Wisconsin Federal Judge Denies Motion To Strike Patent Counterclaims

    MADISON, Wis. - Although conceding that a defendant's counterclaims and affirmative defenses are "probably" "technically insufficient," a Wisconsin federal judge on May 27 nonetheless denied a plaintiff's motion to dismiss and/or strike (Nouis Technologies Inc. v. Polaris Industries Inc., No. 14-233, W.D. Wis.; 2015 U.S. Dist. LEXIS 68128).

    Mealey's IP/Tech - Cephalon, Teva Will Settle Antitrust Claims With $1.2 Billion Payout

    PHILADELPHIA - On the eve of a planned June 1 trial, the Federal Trade Commission and Cephalon Inc. announced May 28 a $1.2 billion settlement in their long-running antitrust battle over reverse payments made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission v. Cephalon Inc., No. 08-2141, E.D. Pa.).

    Mealey's IP/Tech - Washington Federal Judge Deems Some Patent Claims Abandoned, Others Not

    SEATTLE - A motion by Ford Motor Co. for judgment as a matter of law (JMOL) that 65 patent claims asserted by an infringement plaintiff were abandoned was granted, in part, by a Washington federal judge on May 25 (Eagle Harbor Holdings LLC, et al. v. Ford Motor Co., No. 11-5503, W.D. Wash.; 2015 U.S. Dist. LEXIS 67897).

    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).