LexisNexis® Legal Newsroom
    Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA And RESPA Claims Against Lenders

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 23 dismissed an appeal of a borrower's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), finding that a letter he sent was not considered a qualified written request and that his TILA claim was barred by a statute of limitations (Joseph A. Guerra v. Just Mortgage, Inc., et al., No. 13-16725, 9th Cir.; 2016 U.S. App. LEXIS 21108).

    Mealey's IP/Tech - Facebook Request For Covered Business Method Review Denied By Board

    ALEXANDRIA, Va. - Assertions by Facebook Inc. that a patented method of wirelessly delivering digital audio and visual files claims ineligible subject matter pursuant to 35 U.S. Code Section 101 will not be reached in light of a Nov. 23 ruling by the Patent Trial and Appeal Board (Facebook Inc. v. Skyy LLC, No. CBM2016-00091, PTAB).

    Mealey's IP/Tech - Electronic Arts Prevails Before 9th Circuit In Copyright Dispute

    SAN FRANCISCO - A California federal judge properly awarded Electronic Arts Inc. (EA) judgment as a matter of law (JMOL) that the videogame maker did not infringe the copyrighted computer code of the original John Madden Football series, the Ninth Circuit U.S. Court of Appeals ruled Nov. 22 (Robin Antonick v. Electronic Arts Inc., No. 14-15298, 9th Cir.; 2016 U.S. App. LEXIS 20933).

    Mealey's IP/Tech - Patent Board Grants Review Of Oral Pulsed Dosed Drug Delivery System Patent

    ALEXANDRIA, Va. - Arguments by Mylan Pharmaceuticals Inc. that a patented drug delivery system associated with the attention deficit hyperactivity disorder (ADHD) drug Adderall XR is invalid were well received Nov. 17 by the Patent Trial and Appeal Board, which agreed to institute inter partes review (Mylan Pharmaceuticals Inc. v. Shire Laboratories Inc., No. IPR2016-01033, PTAB).

    Mealey's IP/Tech - Terrorism Aiding Suit Against Twitter Again Dismissed By California Federal Judge

    OAKLAND, Calif. - Dismissing terrorism aiding claims against Twitter Inc. under the Anti-Terrorism Act (ATA) for the second time, a California federal judge on Nov. 18 found that two terror victims' family members still sought to hold the social network operator "liable as a publisher of speaker of ISIS's hateful rhetoric," which is barred by the Communications Decency Act (CDA) (Tamara Fields, et al. v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).

    Mealey's IP/Tech - Federal Circuit: Board Used Wrong Definition Of Covered Business Method

    WASHINGTON, D.C. - A patent owner whose invention was invalidated under 35 U.S. Code Section 101 prevailed Nov. 21 before the Federal Circuit U.S. Court of Appeals, which found that the Patent Trial and Appeal Board "relied on an incorrect definition of covered business method ('CBM') patent" while evaluating a petition for CBM review by Google Inc. (Unwired Planet LLC v. Google Inc., No. 15-1812, Fed. Cir.; 2016 U.S. App. LEXIS 20764).

    Mealey's IP/Tech - Federal Circuit Denies Mandamus In Discovery Dispute Over Movie Technology Patents

    WASHINGTON, D.C. - Finding that the counterclaimant in a dispute over the ownership of certain motion picture technology "fail[ed] to carry the high burden . . . to overturn [a] district court's discovery determination," a Federal Circuit U.S. Court of Appeals panel on Nov. 17 denied the firm's motion for a writ of mandamus for relief from an order compelling production of purportedly privileged documents (In re: Rearden LLC, et al., No. 16-125, Fed. Cir.; 2016 U.S. App. LEXIS 20637).

    Mealey's IP/Tech - Federal Circuit Says Board Properly Deemed Patent Obvious, Anticipated

    WASHINGTON, D.C. - Three final decisions by the Patent Trial and Appeal Board that invalidated a patented software application as obvious and anticipated were not erroneous, the Federal Circuit U.S. Court of Appeals ruled Nov. 17 (B.E. Technology LLC v. Microsoft Corp., No. 15-1828; B.E. Technology LLC v. Google Inc., No. 15-1827; B.E. Technology v. Facebook Inc., Nos. 15-1829, -1879, Fed. Cir.).

    Mealey's IP/Tech - Final Approval Sought In Settlement Of Angie's List Paid Reviews Lawsuit

    PHILADELPHIA - The lead plaintiffs in a putative fraud and breach of contract class action against Angie's List Inc. filed a motion in Pennsylvania federal court Nov. 14, seeking final approval of a settlement in their lawsuit over the consumer review site operator's practice of obtaining revenue from service providers that are the subject of such reviews (Janell Moore, et al. v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).

    Mealey's IP/Tech - Federal Magistrate Judge Will Allow Amended Patent Invalidity Contentions

    SAN FRANCISCO - A defendant on Nov. 14 won the right to amend its patent invalidity contentions with more specificity, when a California federal magistrate judge agreed that the proposed amendments would not be futile (24/7 Customer Inc. v. LivePerson Inc., No. 15-2897, N.D. Calif.; 2016 U.S. Dist. LEXIS 157271).

    Mealey's IP/Tech - Federal Circuit Affirms Patent Obviousness Holding By Board

    WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in concluding that it would have been obvious for a person of ordinary skill in the art to store information and data in separate memories when maintaining the information during a loss in power, the Federal Circuit U.S. Court of Appeals ruled Nov. 15 in a dispute over patented radio frequency identification (RFID) tags (Intermec Technologies Corp., et al. v. Alien Technology LLC, No. 15-1808, Fed. Cir.).

    Mealey's IP/Tech - Movie Database Operator Says Age Discrimination Law Is Censorship

    SAN FRANCISCO - In a Nov. 10 complaint filed against California Attorney General Kamala Harris in federal court, IMDb.com Inc., which operates the Internet Movie Database website, seeks injunctive and declaratory relief from a new California age discrimination law that it says constitutes "censorship in plain violation of the [First Amendment to the] U.S. Constitution" (IMDb.com Inc. v. Kamala Harris, No. 3:16-cv-06535, N.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Upholds Patent Board Ruling In Favor Of Google

    WASHINGTON, D.C. - Various asserted claims of a patent directed to a method of prioritizing search results based upon geographic location of a mobile device were properly deemed invalid as obvious, the Federal Circuit U.S. Court of Appeals concluded Nov. 15 (Unwired Planet LLC v. Google Inc., Nos. 15-1810, -1811, Fed. Cir.).

    Mealey's IP/Tech - Politicians Denied Motion To File Amicus Brief In Family Movie Act Suit

    LOS ANGELES - Two former U.S. Congressmen saw their bid to participate in a lawsuit pertaining to the Family Movie Act of 2005 (FMA) as amici curiae denied by a California federal judge Nov. 10, with the judge finding their motion to be untimely because it was filed more than 30 days after the parties' principal briefs relating to a pending motion to preliminarily enjoin an online video-on-demand (VOD) service from purportedly infringing copyrighted works (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

    Mealey's IP/Tech - Microsoft Piracy Suit Against Georgia Firm May Proceed In Washington, Judge Rules

    SEATTLE - A Washington federal judge on Nov. 10 declined to dismiss copyright, trademark and related claims against a Georgia company accused of selling pirated copies of Microsoft Corp. software, finding that Microsoft sufficiently alleged purposeful availment of Washington jurisdiction and harm experienced within the state (Microsoft Corp. v. Aventis Systems Inc., et al., No. 2:16-cv-01234, W.D. Wash.; 2016 U.S. Dist. LEXIS 156410).

    Mealey's IP/Tech - Software Support Firm Denied Injunction Stay In Oracle Copyright Suit

    LAS VEGAS - Finding that a copyright defendant did not demonstrate that it was likely to succeed on the merits of its appeal of an infringement verdict or that it would suffer irreparable harm, a Nevada federal judge on Nov. 9 declined to stay a permanent injunction related to software created by Oracle USA Inc. pending appeal (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.; 2016 U.S. Dist. LEXIS 155494).

    Mealey's IP/Tech - Illinois Panel Affirms Ruling In Insurer's Favor In Advertising Injury Dispute

    CHICAGO - An Illinois appeals panel on Nov. 8 affirmed a lower court's ruling in favor of an insurer in its declaratory judgment lawsuit disputing coverage for an underlying trademark infringement dispute (Selective Insurance Company Of The Southeast v. Member's Property, Inc., No. 1-14-3436, Ill. App., 1st Dist., 2nd Div.; 2016 Ill. App. Unpub. LEXIS 2366).

    Mealey's IP/Tech - Magistrate Judge Bars Opinion On Company's Success In Trademark Infringement Suit

    LOUISVILLE, Ky. - In a trademark infringement dispute, an internet marketing expert may not testify on whether a marketing consultant could determine the success of a startup company and whether the registration of a website domain name was "highly unusual and possibly unethical," a Kentucky federal magistrate judge ruled Nov. 4 (Louisville Marketing Inc. d/b/a Jewelry In Candles v. Jewelry Candles LLC v. P. Micah Buse, No. 15-00084, W.D. Ky.; 2016 U.S. Dist. LEXIS 153329).

    Mealey's IP/Tech - Patent Board Grants Apple, Microsoft Petition For Inter Partes Review

    ALEXANDRIA, Va. - A frequently litigated data transmission patent will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Nov. 3 (Apple Inc., et al. v. Evolved Wireless LLC, No. IPR2016-00981, PTAB).

    Mealey's IP/Tech - Class Complaint Alleges Discrimination In Facebook's Advertising Platform

    SAN JOSE, Calif. - Three users of Facebook Inc. filed a putative class action against the social networking giant in California federal court Nov. 3, alleging that its online advertising platform violates the Fair Housing Act (FHA) and Title VII of the Civil Rights Act of 1964 by permitting advertisers to prevent members of certain demographics from seeing ads related to housing or employment opportunities (Suzanne-Juliette Mobley, et al. v. Facebook Inc., et al., No. 5:16-cv-06440, N.D. Calif.).

    Mealey's IP/Tech - Jury Verdict Of No Likely Confusion Affirmed By 9th Circuit

    SAN FRANCISCO - A California federal judge did not err in deciding various pretrial motions in favor of a defendant in a dispute over a red sailing ship trademark used in connection with Asian food products, the Ninth Circuit U.S. Court of Appeals ruled Nov. 4 (Anhing Corporation v. Viet Phu Inc., et al., No. 14-56664, 9th Cir.; 2016 U.S. App. LEXIS 19967).

    Mealey's IP/Tech - Divided 6th Circuit Reverses Denial Of Leave To Amend Trademark Claim

    CINCINNATI - A Michigan federal judge erred in dismissing allegations of infringement levied in connection with use of the "Bar's Leaks" trademark, a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Nov. 2 (Bars Products Inc. v. Bar's Products International, No.14-1611, 6th Cir.; 2016 U.S. App. LEXIS 19991).

    Mealey's IP/Tech - Divided Federal Circuit Reverses Determination Of Patent Ineligibility

    WASHINGTON, D.C. - Four patents relating to a data mediation software program recite a series of limitations that, "when considered individually and as an ordered combination," provide an inventive concept "sufficient to confer eligibility" under 35 U.S. Code Section 101, a divided Federal Circuit U.S. Court of Appeals ruled Nov. 1 (Amdocs [Israel] Limited v. Openet Telecom Inc., et al., No. 15-1180, Fed. Cir.; 2016 U.S. App. LEXIS 19593).

    Mealey's IP/Tech - 10th Circuit Finds Jurisdiction Lacking In Lanham Act, CDA Case

    DENVER - A Colorado federal judge's determination that a defendant was not entitled to immunity under Section 230 of the Communications Decency Act (CDA) for allegations the defendant violated the Lanham Act will not be reviewed, in light of findings Nov. 1 by the 10th Circuit U.S. Court of Appeals that appellate jurisdiction is lacking (General Steel Domestic Sales LLC v. Ethan Daniel Chumley, et al., No. 15-1293, 10th Cir.; 2016 U.S. App. LEXIS 19629).

    Mealey's IP/Tech - 8th Circuit Upholds Injunction, Award In Copyright, Trademark Case

    ST. LOUIS - A Missouri federal judge's decision to permanently enjoin four defendants from licensing images or phrases from the iconic films Gone with the Wind and The Wizard of Oz as well as images from the animated Tom and Jerry short films was affirmed Nov. 1 by the Eighth Circuit U.S. Court of Appeals (Warner Bros. Entertainment Inc. v. X One X Productions, et al., No. 15-3728, 8th Cir.; 2016 U.S. App. LEXIS 19671).