LexisNexis® Legal Newsroom
    Mealey's IP/Tech - 6th Circuit: Dismissal Of Declaratory Judgment Copyright Claim Was Proper

    CINCINNATI - An Ohio federal magistrate judge did not err in dismissing, as redundant, a declaratory judgment counterclaim of noninfringement filed by an alleged downloader of various copyrighted films, the Sixth Circuit U.S. Court of Appeals ruled Aug. 28 (Malibu Media LLC v. David Ricupero, No. 16-3628, 6th Cir., 2017 U.S. App. LEXIS 16586).

    Mealey's IP/Tech - Irell & Manella Partner Andrei Iancu Nominated As Next PTO Director

    WASHINGTON, D.C. - In a statement issued Aug. 25, U.S. President Donald J. Trump announced the nomination of Andrei Iancu to serve as undersecretary of Commerce for Intellectual Property and director of the U.S. Patent and Trademark Office.

    Mealey's IP/Tech - Nichia Patent Named In New Petition For Inter Partes Review

    ALEXANDRIA, Va. - In an Aug. 25 request for inter partes review (IPR), two petitioners assert that a Nichia Corp. patent is "an attempt to monopolize the basic notion of mixing blue and yellow to create white, as applied to" light emitting devices (LEDs) (TCL Multimedia Technology Holdings Ltd. and TTE Technology Inc. v. Nichia Corp., No. 2017-01999, PTAB).

    Mealey's IP/Tech - Amazon Asserts No Infringement Of Artificial Turf Trademark To 9th Circuit

    SAN FRANCISCO - In an Aug. 25 appellee brief, Amazon.com Inc. tells the Ninth Circuit U.S. Court of Appeals that its automated purchasing of keyword advertising using an artificial turf firm's trademark did not constitute direct infringement under the Lanham Act, arguing that any infringement was attributable to third-party sellers of counterfeit products (Steven Lasoff v. Amazon.com Inc., No. 17-35173, 9th Cir.).

    Mealey's IP/Tech - Divided Federal Circuit: Postal Service Can Seek Patent Review Under AIA

    WASHINGTON, D.C. - In an Aug. 28 ruling, a divided Federal Circuit U.S. Court of Appeals upheld findings by the Patent Trial and Appeal Board that a mail-processing patent is directed to ineligible subject matter after agreeing that a governmental agency - the U.S. Postal Service (USPS) -may initiate covered business method (CBM) review under the America Invents Act (AIA) (Return Mail Inc. v. United States Postal Service, No. 16-1502, Fed. Cir., 2017 U.S. App. LEXIS 16364).

    Mealey's IP/Tech - Pro Se Plaintiff Defeats Request For Dismissal Of Florida DMCA Claim

    ORLANDO, Fla. - Allegations that a ministry and its minister made knowingly false representations of copyright infringement to YouTube in an effort to take down a plaintiff's YouTube channel will proceed, a Florida federal judge ruled Aug. 25 (Shirley Johnson v. New Destiny Christian Center Church Inc., et al., No. 17-710, M.D. Fla.).

    Mealey's IP/Tech - Web Host Ordered To Comply With DOJ Warrant For Anti-Trump Site User Info

    WASHINGTON, D.C. - In an Aug. 24 blog posting, web-hosting firm DreamHost LLC reported that a District of Columbia judge that day ordered it to comply with a U.S. Department of Justice (DOJ) warrant seeking information connected with users of a website that was used to organize protests against President Donald Trump (In re: the Search of www.disruptj20.org that Is Stored at Premises Owned, Maintained, Controlled,, or Operated by DreamHost, No. 17 CSW 3438, D.C. Super.).

    Mealey's IP/Tech - 11th Circuit Says Dismissal Of Lanham Act Dispute Over Ownership Was Proper

    ATLANTA - An Alabama federal judge did not err in dismissing allegations of Lanham Act violations stemming from representations by five defendants that they are the true owner of coal and timber collected on a plaintiff's land, the 11th Circuit U.S. Court of Appeals ruled Aug. 24 (Black Diamond Management LLC v. Twin Pines Coal Company Inc., et al., No. 16-15240, 11th Cir., 2017 U.S. App. LEXIS 16154).

    Mealey's IP/Tech - Attorney Fee Award Upheld By Federal Circuit In Longstanding Patent Case

    WASHINGTON, D.C. - An award of $1.6 million in attorney fees in a patent dispute that made its way to the U.S. Supreme Court in 2014 was affirmed Aug. 25 by the Federal Circuit U.S. Court of Appeals (ICON Health & Fitness Inc. v. Octane Fitness LLC, No. 16-1047, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Finds VidAngel's Filtering Service Infringing, Affirms Injunction

    SAN FRANCISCO - Four movie studio plaintiffs are likely to succeed on the merits of their copyright infringement claims against a video-streaming service that provides filtered, family-friendly copies of movies, a Ninth Circuit U.S. Circuit Court of Appeals panel ruled Aug. 24, affirming a preliminary injunction preventing any filtering of the plaintiffs' works (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir., 2017 U.S. App. LEXIS 16188).

    Mealey's IP/Tech - Federal Circuit Says 'Block-Like' Claim Term Renders Patent Indefinite

    WASHINGTON, D.C. - An ex parte re-examination of a patent claiming an artificial reef ended correctly with a finding by the Patent Trial and Appeal Board that the term "block-like" is indefinite, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (In re: David Walter, No. 16-2256, Fed. Cir., 2017 U.S. App. LEXIS 15909).

    Mealey's IP/Tech - Federal Circuit Upholds Patent Board Inter Partes Review Findings

    WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in determining that a patented heating, ventilating and air conditioning (HVAC) system is invalid as anticipated or obvious, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co. Ltd., et al., No. 16-2321, Fed. Cir., 2017 U.S. App. LEXIS 15923).

    Mealey's IP/Tech - Spyware Suit Plaintiffs Oppose Magistrate's Report Against Class Certification

    ERIE, Pa. - In an Aug. 18 brief, a Wyoming couple argue that their Electronic Communications Privacy Act (ECPA) claims against a retailer that installed spyware on their computer merit class treatment, objecting to a Pennsylvania federal magistrate judge's recommendation that class certification be denied "on grounds that individualized issues predominate over common issues to the putative class" (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

    Mealey's IP/Tech - Indiana Federal Judge Rejects Copyright Claims Over Pontoon Boat Designs

    SOUTH BEND, Ind. - In an Aug. 22 ruling, an Indiana federal judge dismissed allegations that a defendant violated the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512 et seq., and the Copyright Act, 17 U.S.C. 101 et seq., when it applied certain graphic designs to pontoon boats because the complaint fails to allege with specificity the nature of the copyrighted work (The Art of Design Inc. v. Pontoon Boat LLC, et al., No. 16-595, N.D. Ind., 2017 U.S. Dist. LEXIS 133672).

    Mealey's IP/Tech - Illinois Federal Judge Denies Dismissal Of Copyright Claims

    CHICAGO - Although granting one defendant's motion to dismiss allegations of professional negligence as preempted by the Copyright Act, 17 U.S.C. 301(a), an Illinois federal judge on Aug. 21 denied another defendant's request for dismissal of contributory and vicarious infringement claims (UIRC-GSA Holdings Inc. v. William Blair & Company, et al., No. 15-9518, N.D. Ill., 2017 U.S. Dist. LEXIS 133287).

    Mealey's IP/Tech - 5th Circuit Finds Yahoo Owes $4.4 Million In NCAA Contest Dispute

    NEW ORLEANS - Reversing a $550,000 judgment in favor of Yahoo! Inc., a Fifth Circuit U.S. Court of Appeals panel on Aug. 21 found instead that Yahoo owed $4.4 million for breaching the cancellation terms of its contract with a promotions firm related to an online NCAA contest (SCA Promotions Inc. v. Yahoo! Inc., No. 15-11254, 5th Cir., 2017 U.S. App. LEXIS 15845).

    Mealey's IP/Tech - Federal Circuit Affirms: Oracle Did Not Infringe Middleware Patent

    WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S. App. LEXIS 15812).

    Mealey's IP/Tech - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

    PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc., 133 S. Ct. 2233 (2013), and King Drug Co. of Florence v. Smithkline Beecham Corp., 791 F.3d 388, 394 (3d Cir. 2015) (In re: Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346).

    Mealey's IP/Tech - Federal Circuit Affirms: Remote Ordering System Patent Not Infringed

    WASHINGTON, D.C. - Allegations that Expedia Inc. and other travel websites infringed a patented system for creating and updating order lists were properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (Cronos Technologies LLC v. Expedia Inc., et al., No. 16-2528, Fed. Cir., 2017 U.S. App. LEXIS 15490).

    Mealey's IP/Tech - 7th Circuit Agrees With Jury Verdict Of No Trademark Infringement

    CHICAGO - Allegations that a defendant violated the Lanham Act when operating a "painting night" business under the name "Wine & Canvas" were properly rejected by jurors, the Seventh Circuit U.S. Court of Appeals ruled Aug. 17 (Wine & Canvas Development LLC, et al. v. Christopher Muylle, Nos. 15-2088, -3658, 7th Cir., 2017 U.S. App. LEXIS 15508).

    Mealey's IP/Tech - 6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers

    CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal of a putative consumer sales practice claim for failure to allege actual damages (Max Gerboc v. ContextLogic Inc., No. 16-4734, 6th Cir., 2017 U.S. App. LEXIS 15378).

    Mealey's IP/Tech - Fastener Maker Appeals Fraud Finding, Award Denial In 'Sealtight' Trademark Suit

    ST. LOUIS - A maker of industrial fasteners argues in an Aug. 16 brief that a trial court erred in declining to grant an award of infringer's profits and in finding that it acted fraudulently in obtaining its trademark registration, asking the Eighth Circuit U.S. Court of Appeals to reverse the judgment in the long-running trademark dispute's third time before the appeals court (B&B Hardware Inc. v. Hargis Industries Inc., No. 17-1570 and 17-1755, 8th Cir.).

    Mealey's IP/Tech - Dropbox Asks 9th Circuit To Affirm Senior User, Laches Findings In Trademark Suit

    SAN FRANCISCO - In an Aug. 16 appellee brief, Dropbox Inc. (DBI) tells the Ninth Circuit U.S. Court of Appeals that a trial court correctly found that it had priority of use of the "Dropbox" trademark and that a smaller rival's claims also failed under the doctrine of laches because it intentionally delayed filing infringement claims (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).

    Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Criminal Copyright Claim

    SAN FRANCISCO - Allegations that a defendant gained access to copyrighted electronic design automation (EDA) software through fraud in violation of the Copyright Act are adequately pleaded, a California federal judge ruled Aug. 15 in denying a motion to dismiss (Synopsys Inc. v. Ubiquiti Network Inc., et al., No. 17-561, N.D. Calif., 2017 U.S. Dist. LEXIS 130070).

    Mealey's IP/Tech - Amazon Wins Dismissal Of Copyright Claims In Pennsylvania Federal Court

    PHILADELPHIA - A Pennsylvania federal judge on Aug. 16 agreed with Amazon.com Inc. and Amazon Web Services Inc. (moving defendants, collectively) that a pro se plaintiff's claims of copyright infringement and unfair competition under the Lanham Act should be dismissed (Gordon Roy Parker v. PayPal Inc., et al., No. 16-4786, E.D. Pa., 2017 U.S. Dist. LEXIS 130800).