LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit: No Nucleus Between State Claims, Patent Infringement Claims

    WASHINGTON, D.C. - Although a California federal judge properly denied a motion for attorney fees by four prevailing patent infringement defendants, she improperly exercised supplemental jurisdiction over state law claims of breach of fiduciary duty, aiding and abetting and unfair competition because the federal and state law claims share no common nucleus of operative facts, the Federal Circuit U.S. Court of Appeals ruled July 21 (AngioScore Inc. v. TriReme Medical LLC, et al., Nos. 16-1126, - 1142, Fed. Cir.).

    Mealey's IP/Tech - German Firm Says U.S. Navy Exceeded License For Virtual Reality Software

    WASHINGTON, D.C. - A German-based software development firm filed suit against the U.S. government July 15 in the U.S. Court of Federal Claims, seeking almost $600 million in damages for the U.S. Navy's copyright infringement, which the firm says occurred when the Navy far exceeded a limited license it had previously been granted to use the firm's virtual reality software (Bitmanagement Software GmbH v. The United States of America, No. 1:16-cv-00840, Fed. Clms.).

    Mealey's IP/Tech - Oregon Federal Judge Denies Efforts To Transfer Trademark Dispute

    PORTLAND, Ore. - Allegations of trademark infringement by adidas America Inc. and adidas AG will proceed in Oregon federal court, an Oregon federal judge ruled July 19 (adidas America Inc., et al. v. Athletic Propulsion Labs LLC, No. 16-415, D. Ore.; 2016 U.S. Dist. LEXIS 92770).

    Mealey's IP/Tech - Federal Circuit Vacates, Remands Denial Of Patent Injunction

    WASHINGTON, D.C. - A Massachusetts judge did not err in enhancing a plaintiff's damage award for willful patent infringement but should have granted the plaintiff a permanent injunction, the Federal Circuit U.S. Court of Appeals ruled July 19 in a dispute over marine generators ("gen-sets") (WBIP LLC v. Kohler Co., Nos. 15-1038, -1044, Fed. Cir.; 2016 U.S. App. LEXIS 13136).

    Mealey's IP/Tech - Yahoo, Message Recipient Debate Article III Standing In TCPA Class Action

    CHICAGO - Yahoo Inc. and the lead plaintiff in a lawsuit brought under the Telephone Consumer Protection Act (TCPA) filed simultaneous briefs in Illinois federal court July 15, debating whether the plaintiff had sufficiently pleaded damages to establish standing under Article III of the U.S. Constitution (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, N.D. Ill.).

    Mealey's IP/Tech - Class Seeks Preliminary Approval For Antivirus Auto-Renewal Suit Settlement

    SAN JOSE, Calif. - The plaintiffs in two putative class actions against antivirus software designer McAfee Inc. filed a motion in California federal court on July 14, seeking preliminary approval of a settlement of their claims related to the auto-renewal program associated with subscriptions for the firm's various software packages (Sam Williamson v. McAfee Inc., No. 5:14-cv-00158, and Samantha Kirby v. McAfee Inc., No. 5:14-cv-02475, N.D. Calif.).

    Mealey's IP/Tech - Federal Judge Agrees: Unclean Hands, Estoppel Trademark Defenses Are Without Merit

    SHERMAN, Texas - An infringement plaintiff's affirmative defenses of unclean hands and estoppel in response to a defendant's counterclaim for cancellation of various trademarks were properly rejected by a Texas federal magistrate judge, a Texas federal judge concluded July 16 (Neal Technologies Inc. v. Unite Motorsports Inc., No. 15-385, E.D. Texas; 2016 U.S. Dist. LEXIS 92655).

    Mealey's IP/Tech - Texas Federal Magistrate: Attorney Fees Not Warranted In Patent Case

    MARSHALL, Texas - A defendant failed to prove that a patent plaintiff litigated its case in an unreasonable manner or that the claims presented "stand out" from others pursuant to Octane Fitness LLC v. ICON Health & Fitness Inc. (134 S. Ct. 1749, 1756 [2014]), a Texas federal magistrate judge ruled July 18 (Rothschild Connected Devices Innovations LLC v. ADS Security LP, No. 15-1431, E.D. Texas.; 2016 U.S. Dist. LEXIS 92845).

    Mealey's IP/Tech - New York Federal Judge Sides With Fashion Website In Copyright Dispute

    NEW YORK - Applying Cartoon Network LP v. CSC Holdings, Inc. (536 F.3d 121, 130 [2nd Cir. 2008]) (Cablevision) and related cases, a New York federal judge on July 15 concluded that "no reasonable juror" could find that a defendant Internet service provider "acted volitionally" when it hosted an online community that allowed users to save and display copyrighted photographs (BWP Media USA Inc. v. Polyvore Inc., No. 13-7867, S.D. N.Y.; 2016 U.S. Dist. LEXIS 92121).

    Mealey's IP/Tech - Federal Circuit Dismisses Appeal, Rejects Request For Corrected Construction

    WASHINGTON, D.C. - A patent owner's efforts to have the Federal Circuit U.S. Court of Appeals correct a claim construction rendered by the Patent Trial and Appeal Board were unsuccessful on July 15, when the panel found that it lacks appellate jurisdiction (SkyHawke Technologies LLC v. Deca International Corp., Nos. 2016-1325, 2016-1326, Fed. Cir.; 2016 U.S. App. LEXIS 12977).

    Mealey's IP/Tech - After 5th Circuit Ruling, Google Dismisses Suit Over Mississippi AG's Subpoena

    JACKSON, Miss. - Three months after the Fifth Circuit U.S. Court of Appeals found a subpoena served on Google Inc. by Mississippi Attorney General Jim Hood to be not ripe for adjudication and an injunction preventing enforcement of the subpoena to be premature, Google on July 13 filed a stipulation of dismissal of its claims against Hood in Mississippi federal court (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).

    Mealey's IP/Tech - Ohio Federal Judge Enters Default, Awards Trebled Damages On Design Patent Claims

    CINCINNATI - A retailer on the online auction website eBay was ordered by an Ohio federal judge on July 12 to pay The Gillette Co. $55,047.42 trebled in damages in connection with allegations of trademark and design patent infringement (The Gillette Company v. Save and Discount LLC, No. 15-635, S.D. Ohio; 2016 U.S. Dist. LEXIS 90925).

    Mealey's IP/Tech - On Remand From Supreme Court, Parties, Amicus Brief On Concreteness Of FCRA Claim

    PASADENA, Calif. - In response to a directive from a Ninth Circuit U.S. Court of Appeals panel, as well as remand instructions from the U.S. Supreme Court, a Virginia man and an online data aggregator offered briefs July 11 arguing whether the plaintiff's allegations of the aggregator publishing false information under the Fair Credit Reporting Act (FCRA) were sufficiently concrete to establish standing under Article III of the U.S. Constitution (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir.).

    Mealey's IP/Tech - Inter Partes Review Sought In Dispute Over Microchip Links

    ALEXANDRIA, Va. - Claims 13 and 15 of a patented method for forming integrated circuit "interconnects" that link components in a microchip are unpatentable because the claims "recite well-known processes for making well-known structures," according to a July 12 petition for inter partes review filed with the Patent Trial and Appeal Board (Taiwan Semiconductor Manufacturing Company Ltd. v. Godo Kaisha IP Bridge 1, No. IPR2016-01376, PTAB).

    Mealey's IP/Tech - Post-Grant Review Of Multiple Sclerosis Treatment Patent Sought

    ALEXANDRIA, Va. - A claimed method of treating multiple sclerosis (MS) with the injection of 40 milligrams of glatiramer acetate (GA) thrice weekly should not have received federal patent protection, Amneal Pharmaceuticals LLC alleges in a July 12 petition for post-grant review before the Patent Trial and Appeal Board (Amneal Pharmaceuticals LLC v. Yeda Research & Development Co. Ltd., No. PGR2016-00028, PTAB).

    Mealey's IP/Tech - Delaware Federal Judge Deems Drug Patents Valid, Infringed By ANDA

    WILMINGTON, Del. - On the eve of the expiration of a 30-month stay of approval by the U.S. Food and Drug Administration of an abbreviated new drug application (ANDA) for generic Savella, a fibromyalgia drug, a Delaware federal judge on July 11 deemed the proposed generic an infringement of three patents and concluded that the same three patents are valid (Forest Laboratories Holdings Ltd., et al. v. Mylan Pharmaceuticals Inc., et al., No. 13-1602, D. Del.; 2016 U.S. Dist. LEXIS 89268).

    Mealey's IP/Tech - Adidas Sues Skechers For Patent Infringement In Oregon Federal Court

    PORTLAND, Ore. - A new athletic shoe by Skechers USA Inc. makes improper use of adidas AG's patented "Springblade" technology, adidas alleges in a July 11 complaint filed in the U.S. District Court for the District of Oregon (adidas AG v. Skechers USA Inc., No. 16-1400, D. Ore.).

    Mealey's IP/Tech - Federal Circuit Affirms: Payroll Patent Claims Ineligible Subject Matter

    WASHINGTON, D.C. - An inventor's concession that the claims of his patent are directed to an abstract idea, combined with findings that the claims recite nothing more than conventional steps beyond that abstract idea, led the Federal Circuit U.S. Court of Appeals on July 13 to affirm a California federal judge's determination that the patent is invalid under 35 U.S. Code Section 101 (Douglas Shortridge v. Foundation Construction Payroll Service LLC, No. 15-1898, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Outcome Of Inter Partes Review Of Wireless Patent

    WASHINGTON, D.C. - A patent examiner's rejection - later upheld by the Patent Trial and Appeal Board - of all asserted claims of a patented method and system for allocating access rights to channels in a wireless network was upheld July 11 by the Federal Circuit U.S. Court of Appeals (IPCom GmbH & Co. v. HTC Corporation, No. 15-1754, Fed. Cir.; 2016 U.S. App. LEXIS 12671.).

    Mealey's IP/Tech - California Federal Judge Reduces Award In Hookah Copyright Suit

    LOS ANGELES - A federal judge in California on July 11 partially granted a defense motion for a directed verdict, reducing by $800,000 a jury award against a retailer that sold a copyrighted hookah without the maker's permission because two of the flavors it sold were not counterfeited Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).

    Mealey's IP/Tech - Judge Awards Production Company $1.8 Million For Improper Use Of Movie Name

    LOS ANGELES - A California federal judge on July 11 awarded a movie production company that asserted causes of action for copyright infringement and violation of California's unfair competition law (UCL) $1,885,969.96 in damages and entered a permanent injunction ordering another entity and its owner from ever using the company's movie trademark again (Fuzzy Logic Productions Inc. v. Trapflix LLC, et al., No. 15-6203, C.D. Calif.; 2016 U.S. Dist. LEXIS 90290).

    Mealey's IP/Tech - Dismissed File Sharer Cites Authority To Support Attorneys' Discovery Sanctions

    CHICAGO - A man who was once the defendant in an online file-sharing copyright suit filed a citation of additional authority in the Seventh Circuit U.S. Court of Appeals July 11, asserting that admissions in a Minnesota Supreme Court attorney disciplinary proceeding supported a trial court's award for discovery sanctions against that same attorney in the current case (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

    Mealey's IP/Tech - Patent Board Partly Grants Samsung Petition For Patent Review

    ALEXANDRIA, Va. - Assertions by Samsung Electronics Co. Ltd. that a data stream error detection patent is invalid pursuant to 35 U.S. Code Sections 102(a), 102(b) and 103(a) have merit, in part, the Patent Trial and Appeal Board concluded July 8 (Samsung Electronics Co. Ltd. v. Koninklijke KPN N.V., No. IPR2016-00392, PTAB).

    Mealey's IP/Tech - Oklahoma Judge Denies Dismissal Of Trademark Dispute Over Supplements

    AUGUSTA, Ga. - Allegations of trademark infringement stemming from a defendant's enlistment of third-party affiliates to drive Internet traffic away from a plaintiff will proceed, an Oklahoma federal judge ruled July 12 (Premium Nutraceuticals LLC v. Leading Edge Marketing Inc., et al., No. 15-141, S.D. Ga.; 2016 U.S. Dist. LEXIS 90319).

    Mealey's IP/Tech - Judge Allows Damages Testimony In Copyright Infringement Lawsuit

    MADISON, Wis. - In a copyright infringement lawsuit, an expert may testify that a software company did not suffer any damages at all, a Wisconsin federal judge ruled July 8 (Epic Systems Corp. v. Attachmate Corp., No. 15-179, W.D. Wis.; 2016 U.S. Dist. LEXIS 88572).