LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Patent Owner: Rehearing Of Federal Circuit Summary Affirmance Is Warranted

    WASHINGTON, D.C. - A January affirmance without opinion of the Patent Trial and Appeal Board by the Federal Circuit U.S. Court of Appeals in a dispute over the results of an inter partes review should be reheard, the patent owner told the Federal Circuit Feb. 9 (Leak Surveys Inc. v. FLIR Systems Inc., Nos. 16-1299, -1300, Fed. Cir.).

    Mealey's IP/Tech - Oracle Appeals Java Fair Use Ruling To Federal Circuit In Google Copyright Suit

    WASHINGTON, D.C. - In a Feb. 10 appellant brief in the Federal Circuit U.S. Court of Appeals, Oracle America Inc. asserts error in a trial court's finding that Google Inc.'s copying of certain elements of its Java technology constituted fair use, arguing that the court failed to consider Google's misrepresentations and harm to the Java market (Oracle America Inc. v. Google Inc., No. 17-1118 and 17-1202, Fed. Cir.).

    Mealey's IP/Tech - Patent Board Denies Roxane Request For Inter Partes Review

    ALEXANDRIA, Va. - A Novartis AG patent covering a tumor treatment will not be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Feb. 13 (Roxane Laboratories Inc. v. Novartis AG, No. IPR2016-01461, PTAB).

    Mealey's IP/Tech - Federal Circuit Upholds Patent Board Finding Of Nonobviousness

    WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of patent invalidity allegations with regard to 16 claims of a system and method for gathering website feedback was affirmed Feb. 13 by the Federal Circuit U.S. Court of Appeals (Qualtrics LLC v. OpinionLab Inc., No. 16-1177, Fed. Cir.).

    Mealey's IP/Tech - Video-Streaming Firm's Filtering Service Violates DMCA, Studios Tell 9th Circuit

    SAN FRANCISCO - Several movie studios tell the Ninth Circuit U.S. Court of Appeals in a Feb. 8 appellee brief that a video-streaming service provider blatantly violated the Digital Millennium Copyright Act (DMCA) by circumventing the technological protection measures (TPMs) on DVD and Blu-ray copies of their movies to offer edited versions to customers, also arguing that the defendant's defenses under the Family Movie Act (FMA) are incompatible with that statute's purposes (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).

    Mealey's IP/Tech - Patent Board Reverses Rejection Of Proposed Link Aggregation Patent

    ALEXANDRIA, Va. - An examiner's rejection of 24 claims of a patent application directed to a technique for ensuring link aggregation congruency was reversed by the Patent Trial and Appeal Board on Feb. 10 (Ex parte Janos Farkas, et al., No. 2016-006007, PTAB).

    Mealey's IP/Tech - Texas Federal Judge: Design Patent Case Should Proceed In New York Court

    HOUSTON - A dispute over two design patents covering ornamental women's sandals should be litigated in the U.S. District Court for the Southern District of New York where an infringement defendant is headquartered, a Texas federal judge concluded Feb. 10 (JPT Group LLC v. Balenciaga America Inc., No. 16-1596, S.D. Texas, 2017 U.S. Dist. LEXIS 19003).

    Mealey's IP/Tech - Federal Circuit: Proposed Generic Drug Does Not Meet Patent Limitations

    WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 16-1785, Fed. Cir., 2017 U.S. App. LEXIS 2393).

    Mealey's IP/Tech - Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products

    SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).

    Mealey's IP/Tech - Arizona Federal Judge Transfers Patent Dispute To Florida Court

    PHOENIX - Allegations that two defendants infringed three patents relating to a process known as "singulation" will proceed in Florida federal court, where a separate case implicating the same three patents is already pending, an Arizona federal judge ruled Feb. 8 (ON Semiconductor Corporation, et al. v. Micro Processing Technology Inc., No. 16-1055, D. Ariz.; 2017 U.S. Dist. LEXIS 17753).

    Mealey's IP/Tech - Patent Board Denies Review Of Immune System Boosting Patent

    ALEXANDRIA, Va. - A request by Forty Seven Inc. for inter partes review (IPR) of a single claim of a patent relating to a method of boosting the immune system was denied by the Patent Trial and Appeal Board on Feb. 9 (Forty Seven Inc. v. Stichting Sanquin Bloedvoorziening, No. IPR2016-01529, PTAB).

    Mealey's IP/Tech - Federal Judge Refuses To Dismiss Insurers' Claim Under Defend Trade Secrets Act

    TRENTON, N.J. - A New Jersey federal judge on Feb. 7 refused to dismiss insurers' federal claims under the Defend Trade Secrets Act of 2016 (DTSA) and the Computer Fraud and Abuse Act (CFAA) in their lawsuit alleging that the defendant competitors "willfully and maliciously" targeted and solicited at least 15 of their employees for employment (Chubb INA Holdings Inc. [f/k/a The Chubb Corporation], et al. v. Michael Chang, et al., No. 16-2354, D. N.J., 2017 U.S. Dist. LEXIS 16744).

    Mealey's IP/Tech - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

    SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

    Mealey's IP/Tech - 9th Circuit: Computer Program Copyright Does Not Extend To Program Output

    SAN FRANCISCO - A California federal judge properly rejected claims by the owner of a copyrighted computer-aided design (CAD) program that its copyright extends to images and files produced by the program, the Ninth Circuit U.S. Court of Appeals ruled Feb. 9 (Design Data Corp. v. Unigate Enterprise Inc., et al., Nos. 14-16701, No. 14-17317, 9th. Cir., 2017 U.S. App. LEXIS 2333).

    Mealey's IP/Tech - Panel Upholds Lanham Act Judgment Without Expert Testimony On Actual Injury

    RICHMOND, Va. - Without expert testimony, a seller of internet domain names could not establish the elements of its Lanham Act claim, the Fourth Circuit U.S. Court of Appeals ruled Feb. 8, finding that there was no evidence that the seller suffered an actual injury as a direct result of a competitor's conduct (Verisign Inc. v. XYZ.com LLC and Daniel Negari, No. 15-2526, 4th Cir., 2017 U.S. App. LEXIS 2264).

    Mealey's IP/Tech - University, Publishers Argue Fair Use In Electronic Works Posting In 11th Circuit

    ATLANTA - On the second appeal regarding the alleged copyright infringement of educational materials by electronic posting of their excerpts by Georgia State University (GSU) faculty, the university argues in a Feb. 6 appellee brief that a trial court judge correctly determined fair use of the works at issue by finding that the postings had not led to market substitution of the works (Cambridge University Press, et al. v. Georgia State University, et al., No. 16-15726, 11th Cir.).

    Mealey's IP/Tech - 2nd Circuit Partly Vacates Dismissal Of Antitrust Claims In Patent Dispute

    NEW YORK - A New York federal judge's decision to dismiss allegations that Takeda America Holdings Inc., Takeda Pharmaceuticals U.S.A. Inc., Takeda Development Center Americas Inc. and Takeda Pharmaceuticals Co. Ltd. (Takeda, collectively) violated state law analogs of the Sherman Act, 15 U.S.C. 2, by preventing competitors from marketing a generic version of the diabetes drug ACTOS was partly vacated by the Second Circuit U.S. Court of Appeals Feb. 8 (In re: ACTOS End-Payor Antitrust Litigaiton, No. 15-3364, 2nd Cir., 2017 U.S. App. LEXIS 2291).

    Mealey's IP/Tech - Federal Circuit Vacates Patent Board Rulings, Citing Covenant Not To Sue

    WASHINGTON, D.C. - In a Feb. 9 holding, the Federal Circuit U.S. Court of Appeals found that a party seeking re-examination of two can coating patents did have standing to appeal a final decision by the Patent Trial and Appeal Board because there was an Article III case or controversy between the parties at the time the appeal was filed (PPG Industries Inc. v. Valspar Sourcing Inc., Nos. 16-1406, -1409, Fed. Cir.).

    Mealey's IP/Tech - Counterclaims Did Not Allege Advertising Injury, 10th Circuit Affirms

    ATLANTA - The 10th Circuit U.S. Court of Appeals on Feb. 8 found that underlying counterclaims against an insured failed to assert facts that constituted an "advertising injury" under general liability and excess insurance policies, affirming a lower federal court's finding that the insurer did not have a duty to defend its insured (IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., No. 16-15127, 11th Cir., 2017 U.S. App. LEXIS 2218).

    Mealey's IP/Tech - California Federal Judge: Plaintiff Not Barred From Calling Products Similar

    LOS ANGELES - A defense motion in limine seeking to prevent a plaintiff from referring to an allegedly infringing jewelry line as "similar" to a jewelry line made by the plaintiff was denied Feb. 6 by a California federal judge (Brighton Collectibles LLC v. Believe Production Inc., No. 15-579, C.D. Calif., 2017 U.S. Dist. LEXIS 16594).

    Mealey's IP/Tech - Texas Federal Judge Adopts Report, Grants Relief In Patent Case

    MARSHALL, Texas - Findings by a Texas federal magistrate judge that Mylan Institutional LLC and Apicore US LLC (Mylan, collectively) are entitled to a preliminary injunction barring competitors from making and selling generic isosulfan blue were adopted in full Feb. 7 by a Texas federal judge (Mylan Institutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd., et al., No. 16-491, E.D. Texas, 2017 U.S. Dist. LEXIS 16797).

    Mealey's IP/Tech - In Final Decision, Patent Board Upholds Rejection Of Patent Claims

    ALEXANDRIA, Va. - A patent examiner properly rejected 20 claims of an invention relating to a touch pad enablement in an information handling system as unpatentable under the Patent Act, 35 U.S.C. 103(a), the Patent Trial and Appeal Board ruled Feb. 7 (Ex parte Erin K. Walline and Robert C. Nerhood II, No. 2016-002625, PTAB).

    Mealey's IP/Tech - Complaint Fails To Allege Personal, Advertising Injury, Federal Judge Rules

    CHICAGO - In granting an insurer's motion for summary judgment, California federal judge on Feb. 2 held that underlying claims that an insured violated the Uniform Trade Secrets Act, intentionally inferred with contractual relations and prospective business advantage and engaged in unfair competition and civil conspiracy fail to trigger an insurance policy's "personal and advertising injury" coverage (Sentinel Insurance Co. v. Yorktown Industries Inc., No. 14-4212, N.D. Ill., 2017 U.S. Dist. LEXIS 14439).

    Mealey's IP/Tech - Patent Board Turns Away Fujitsu Patent Challenge

    ALEXANDRIA, Va. - In a ruling issued Jan. 31, the Patent Trial and Appeal Board rejected assertions by Fujitsu Network Communication Inc. that a patented cross-polarization interference canceler (XPIC) is unpatentable under the Patent Act, 35 U.S.C. 103(a) (Fujitsu Network Communication Inc. v. Core Optical Technologies LLC, No. IPR2016-01618, PTAB).

    Mealey's IP/Tech - California Federal Magistrate Judge Won't Allow Amended Patent Complaint

    SAN FRANCISCO - Efforts by a plaintiff to file an amended complaint to address an adverse claim construction ruling were rejected Jan. 30 by a California federal magistrate judge (VIA Technologies Inc. v. Asus Computer International, No. 14-3586, N.D. Calif., 2017 U.S. Dist. LEXIS 12614).