LexisNexis® Legal Newsroom
    Mealey's IP/Tech - California Federal Judge Partly Stays Patent Case Pending Inter Partes Review

    SAN FRANCISCO - A motion for default judgment by a patent infringement plaintiff was denied March 22 by a California federal judge, who instead issued a partial stay with regard to litigation of various claims of mobile communication patents (E. Digital Corporation v. Ivideon LLC, No. 15-691, N.D. Calif.; 2016 U.S. Dist. LEXIS 38026).

    Mealey's IP/Tech - Georgia Federal Judge Rejects Copyright Claims Against Tyler Perry

    ATLANTA - Allegations that Tyler Perry committed copyright infringement with his movie "Good Deeds" were turned away on a motion for judgment on the pleadings March 24 by a Georgia federal judge (Terri V. Strickland v. Tyler Perry, No. 15-3400, N.D. Ga.; 2016 U.S. Dist. LEXIS 38328).

    Mealey's IP/Tech - Google Defends Deposition Of MPAA's Counsel In Suit Against Mississippi AG

    JACKSON, Miss. - In a March 22 brief in Mississippi federal court, Google Inc. argues that its subpoena to depose the general counsel of the Motion Picture Association of America (MPAA) should not be quashed, asserting that neither the attorney-client privilege nor the First Amendment to the U.S. Constitution protects lobbying, which goes to the heart of Google's lawsuit against Mississippi's attorney general (AG) (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).

    Mealey's IP/Tech - Federal Circuit Affirms Patent Noninfringement Summary Judgment Ruling

    WASHINGTON, D.C. - A patent dispute over vacuum toilets commonly used on commercial aircraft was properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals concluded March 23 (MAG Aerospace Industries Inc. v. B/E Aerospace Inc., Nos. 15-1370, -1426, Fed. Cir.).

    Mealey's IP/Tech - 4th Circuit Vacates, Remands Dispute Over 'Flanax' Trademark

    RICHMOND, Va. - A Virginia federal judge's reversal of a trademark cancellation ordered by the U.S. Patent and Trademark Office (PTO)'s Trademark Trial and Appeal Board (TTAB) was vacated and remanded March 23 by the Fourth Circuit U.S. Court of Appeals, which found that under the framework of Lexmark International Inc. v. Static Control Components Inc. (134 S. Ct. 1377 [2014]), a drug maker and foreign trademark owner is authorized under Section 43(a) of the Lanham Act to bring an action against the owner of the same mark in the United States (Belmora LLC v. Bayer Consumer Care AG and Bayer Healthcare LLC, No. 15-1335, 4th Cir.; 2016 U.S. App. LEXIS 5380).

    Mealey's IP/Tech - Pennsylvania Federal Judge Dismisses Buck Rogers Copyright Dispute

    PITTSBURGH - A request for a declaratory judgment that the literary character Buck Rogers has entered into the public domain was turned away March 21 by a Pennsylvania federal judge, who instead found that a plaintiff film company failed to allege facts to sufficient a justiciable controversy under the Declaratory Judgment Act and Article III of the U.S. Constitution (Team Angry Filmworks Inc. v. Louise A. Geer, Trustee of the Dille Family Trust, No. 15-1381, W.D. Pa.; 2016 U.S. Dist. LEXIS 36286).

    Mealey's IP/Tech - California Federal Magistrate Dismisses Trademark Claims Against Google

    SAN FRANCISCO - Allegations that Google Inc. committed contributory trademark infringement by continuing to allow allegedly infringing apps to be downloaded via Google Play were dismissed March 21 by a California federal judge (Spy Phone Labs LLC v. Google Inc., et al., No. 15-3756, N.D. Calif.; 2016 U.S. Dist. LEXIS 36444).

    Mealey's IP/Tech - Software At Center Of New Copyright Dispute Between Oracle, HP

    SAN FRANCISCO - Oracle America Inc. and Oracle International Corp. (Oracle, collectively) on March 22 took aim at Hewlett Packard Enterprise Co. (HP) in a new copyright infringement complaint filed in California federal court (Oracle America Inc. v. Hewlett Packard Enterprise Company, No. 16-1393, N.D. Calif.).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In Right-Of-Publicity Dispute

    WASHINGTON, D.C. - A putative class action against the makers of the popular "Madden NFL" video game will proceed, thanks to a denial of certiorari March 21 by the U.S. Supreme Court (Electronic Arts Inc. v. Michael E. Davis, et al., No. 15-424, U.S. Sup.).

    Mealey's IP/Tech - Summary Judgment Sought In Class Action Over Twitter's Unsolicited Texts

    SAN FRANCISCO - The lead plaintiff in a putative class action against Twitter Inc. under the Telephone Consumer Protection Act (TCPA) moved for partial summary judgment March 17, asking a California federal court to find that Twitter is responsible for sending unsolicited text messages under the statute and that the social network operator is not entitled to immunity under the Communications Decency Act (CDA) (Beverly Nunes v. Twitter Inc., No. 3:14-cv-02843, N.D. Calif.).

    Mealey's IP/Tech - New Jersey Federal Judge Denies Dismissal Of Lanham Act Dispute Between Drug Makers

    TRENTON, N.J. - Allegations that Actavis Inc. falsely marked a generic form of oxymorphone hydrochloride extended-release tablets as therapeutically equivalent ("AB rated") to an updated and allegedly improved brand name drug in violation of the Lanham Act will proceed, a New Jersey federal judge ruled March 21 (Endo Pharmaceuticals Inc. v. Actavis Inc., No. 12-7591, D. N.J.; 2016 U.S. Dist. LEXIS 36059).

    Mealey's IP/Tech - Patent Board Findings Of Obviousness Affirmed By Federal Circuit Panel

    WASHINGTON, D.C. - Various claims of a patent directed to the production of white light were properly deemed unpatentable as obvious, the Federal Circuit U.S. Court of Appeals ruled March 21 (In re: Cree Inc., No. 15-1365, Fed. Cir.; 2016 U.S. App. LEXIS 5059).

    Mealey's IP/Tech - Judge Won't Bifurcate Bitcoin Firm's Bad Faith Claim, Discovery In Insurance Case

    ATLANTA - Finding most of the discovery items sought by a bitcoin processor from its insurance provider likely to be relevant to its bad faith and breach of contract claims, a Georgia federal judge on March 17 denied the insurer's motion to bifurcate the claims and to stay discovery on the bad faith claim, citing a potential waste of judicial resources (Bitpay Inc. v. Massachusetts Bay Insurance Co., No. 1:15-cv-03238, N.D. Ga.).

    Mealey's IP/Tech - Federal Circuit: Specific Personal Jurisdiction Exists Over Mylan In Patent Case

    WASHINGTON, D.C. - Acting on interlocutory appeal, the Federal Circuit U.S. Court of Appeals on March 18 affirmed findings by two Delaware federal judges that Mylan Pharmaceuticals Inc. must face patent infringement allegations in Delaware based on Mylan's lawsuit-related contacts there (Acorda Therapeutics Inc., et al. v. Mylan Pharmaceuticals Inc., No. 15-1456; AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 15-1460, Fed. Cir.; 2016 U.S. App. LEXIS 4942).

    Mealey's IP/Tech - Federal Circuit Affirms Findings That 2 Claims Of 2 Patents Are Invalid

    WASHINGTON, D.C. - A New Jersey federal judge did not err in holding that two patents relating to oral dosage forms of risedronate and disodium ethylenediaminetetraacetic acid (EDTA) are invalid as obvious, the Federal Circuit U.S. Court of Appeals affirmed March 18 (Warner Chilcott Company LLC, et al. v. Teva Pharmaceuticals USA Inc., No. 15-1588, Fed. Cir.; 2016 U.S. App. LEXIS 4945).

    Mealey's IP/Tech - U.S. Supreme Court To Weigh In On Infringer's Profits In Apple, Samsung Case

    WASHINGTON, D.C. - In its March 21 orders list, the U.S. Supreme Court announced that it will hear a dispute over infringer's profits awarded to Apple Inc. in its dispute with Samsung Electronics Co. Ltd. over various design patents covering the appearance of the popular iPhone smartphone (Samsung Electronics Co. Ltd. v. Apple Inc., No. 15-777, U.S. Sup.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Attorney Fees In 'Acrimonious' Patent Case

    HARRISBURG, Pa. - A request by a patent infringement plaintiff for an award of attorney fees was denied by a Pennsylvania federal judge on March 17 (Arlington Industries Inc. v. Bridgeport Fittings Inc., No. 06-1105, M.D. Pa.; 2016 U.S. Dist. LEXIS 34372).

    Mealey's IP/Tech - 9th Circuit Declines To Rehear Case Over DMCA Takedowns And Fair Use

    SAN FRANCISCO - Universal Music Corp. and a woman who sued the music label for removing her video from YouTube on March 17 saw their respective rehearing petitions denied by a Ninth Circuit U.S. Court of Appeals panel, letting stand the panel's September ruling in which it affirmed denial of both parties' summary judgment motions in a long-running lawsuit over the "fair use" standard in relation to copyright holders' ability to take down purportedly infringing content from the Internet under the Digital Millennium Copyright Act (DMCA) (Stephanie Lenz v. Universal Music Corp., et al., No. 13-16106 and 13-16107, 9th Cir.).

    Mealey's IP/Tech - Authors Guild To High Court: Google Books Ruling Misconstrues Fair Use

    WASHINGTON, D.C. - In a March 15 brief supporting its petition for certiorari in the U.S. Supreme Court, The Authors Guild Inc. accuses Google Inc. of "historic infringement" by making "unauthorized digital reproductions of four million books in copyright" for its "Google Books" project, asserting that this was neither fair use nor necessary for the project (The Authors Guild Inc., et al. v. Google Inc., No. 15-849, U.S. Sup.).

    Mealey's IP/Tech - Administrative Law Judge Finds Chipotle's Social Media Policy Violates Labor Act

    PHILADELPHIA - An administrative law judge (ALJ) on March 14 ruled that Chipotle Services LLC's (doing business as Chipotle Mexican Grill) social media code violates the National Labor Relations Act (NLRA) and that the fast food chain committed further violations by directing an employee to delete certain tweets, prohibiting the employee from circulating a petition challenging the chain's break policy and terminating the employee for his actions (Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a Project of the Fast Food Workers Committee, Nos. 04-CA-147314 and 04-CA-149551, NLRB Judges Div.).

    Mealey's IP/Tech - New York Federal Judge: Proposed Generic Colon Cleanser Does Not Infringe

    NEW YORK - A patent defendant prevailed on summary judgment March 15, when a New York federal judge agreed that a proposed generic colon-cleansing solution does not infringe (Braintree Laboratories Inc. v. Breckenridge Pharmaceutical Inc., No. 12-6851, S.D. N.Y.; 2016 U.S. Dist. LEXIS 33336).

    Mealey's IP/Tech - Upon Reconsideration, Judge Dismisses Copyright Claims Without Prejudice

    NEW YORK - A January 2016 ruling that clarified that a November 2015 summary judgment (SJ) order dismissing 143 of 153 claims of copyright infringement was indeed a dismissal with prejudice was reconsidered March 15 by a New York federal judge (Ellen Senisi v. John Wiley & Sons Inc., No. 13-3314, S.D. N.Y.; 2016 U.S. Dist. LEXIS 33338.).

    Mealey's IP/Tech - Federal Judge Largely Denies Leave To Amend Patent Invalidity Contentions

    SAN FRANCISCO - Efforts by a patent infringement defendant to supplement its invalidity contentions was granted in part and denied in part March 10 by a California federal judge (Johnstech International Corp. v. JF Microtechnology SBD BHD, No. 14-2864, N.D. Calif.; 2016 U.S. Dist. LEXIS 31105).

    Mealey's IP/Tech - Federal Circuit To Rehear Patent Dispute Over On-Sale Bar In May

    WASHINGTON, D.C. - In a March 11 order, the Federal Circuit U.S. Court of Appeals revealed that its rehearing of a patent dispute over the anti-coagulant drug bivalirudin will be reheard May 5 at 10 a.m. (The Medicines Company v. Hospira Inc., et al., Nos. 14-1469, -1504, Fed. Cir.).

    Mealey's IP/Tech - Twitter Moves To Dismiss Terrorism Aiding Complaint Under Telecommunications Act

    OAKLAND, Calif. - In a March 10 motion to dismiss in California federal court, Twitter Inc. asserts that the widow of a terror attack victim did not allege any connection between the social network operator and the man responsible for the attack, also arguing that Section 230 of the Telecommunications Act of 1996 shields it from any liability for third-party messages posted on its "ubiquitously available online communications platform" (Tamara Fields v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).