LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Angie's List Paid Reviews Class Settlement Approved; Appeal Dismissed

    PHILADELPHIA - A month after a Pennsylvania federal judge granted final approval of a settlement in a class action alleging unfair trade practices related to the paid reviews feature on Angie's List Inc.'s website, the Third Circuit U.S. Court of Appeals granted dismissal of an objector's appeal of that settlement after it was voluntarily withdrawn on Jan. 13 (Janell Moore, et al. v. Angie's List Inc., No. 16-4430, 3rd Cir.)

    Mealey's IP/Tech - Summary Judgment In Favor Of Patent Defendant Reversed By Federal Circuit

    WASHINGTON, D.C. - Disputed issues of material fact should have precluded a Florida federal judge from granting Ericsson Inc. a summary judgment that it does not infringe two patents relating to bandwidth allocation, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 17 (Wi-LAN USA Inc. v. Ericsson Inc., No. 15-1766, -1794, Fed. Cir.; 2017 U.S. App. LEXIS 769).

    Mealey's IP/Tech - Texas Federal Judge Denies Summary Judgment On Dilution Claim

    HOUSTON - Although granting Viacom International Inc. summary judgment on allegations that a proposed "The Krusty Krab" restaurant would represent trademark infringement, a Texas federal judge on Jan. 11 denied Viacom's request as it relates to trademark dilution (Viacom International Inc. v. IJR Capital Investments LLC, No. 16-257, S.D. Texas.; 2017 U.S. Dist. LEXIS 3948).

    Mealey's IP/Tech - Federal Circuit Affirms: Cancer Treatment Method Would Infringe

    WASHINGTON, D.C. - An Indiana federal judge properly found that under Akamai Technologies Inc. v. Limelight Networks Inc. (797 F.3d 1020, 1022 [Fed. Cir. 2015]) (Akamai V), a proposed generic chemotherapy drug would indirectly infringe "methods of treatment" claimed by an Eli Lilly & Co. patent, the Federal Circuit U.S. Court of Appeals ruled Jan. 12 (Eli Lilly & Co. v. Teva Parental Medicines Inc., et al., No. 15-2067, Fed. Cir.; 2017 U.S. App. LEXIS 555).

    Mealey's IP/Tech - 9th Circuit Deems IPhone App Purchases To Be Direct, Revives Antitrust Suit Against Apple

    SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 12 determined that Apple Inc. is a distributor of third-party created apps sold in its App Store, leading the panel to find that putative monopolization class claims related to the store could proceed (In re Apple iPhone Antitrust Litigation, No. 14-15000, 9th Cir.; 2017 U.S. App. LEXIS 577).

    Mealey's IP/Tech - Supreme Court Grants Certiorari In Patent Dispute Over Biologics

    WASHINGTON, D.C. - In its Jan. 13 orders list, the U.S. Supreme Court announced that it will hear a closely watched dispute between two drug makers over their competing interpretations of several provisions of the Biologics Price Competition and Innovation Act (BPCIA) (Sandoz, Inc. v. Amgen, Inc., No. 15-1039, U.S. Sup.; Amgen Inc. v. Sandoz Inc., No. 15-1195, U.S. Sup.).

    Mealey's IP/Tech - Patent Board Grants Mylan Request For Review Of Cancer Treatment Patent

    ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Jan. 10 granted a petition for inter partes review (IPR) of a patented cancer treatment method but denied a petitioner's request for joinder with a similar IPR (Mylan Pharmaceuticals Inc. v. Janssen Oncology Inc., No. IPR2016-01332, PTAB).

    Mealey's IP/Tech - New York Federal Judge Denies Dismissal Of Canon's Trademark Claims

    CENTRAL ISLIP, N.Y. - A defendant's motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that he infringed the "Canon" trademark was rejected Jan. 11 by a New York federal judge (Canon-U.S.A. Inc. v. F&E Trading, LLC, et al., No. 15-6015, E.D. N.Y.; 2017 U.S. Dist. LEXIS 4223).

    Mealey's IP/Tech - Federal Circuit Says Patent Challenger Lacks Standing To Appeal

    WASHINGTON, D.C. - An appellant seeking to challenge a final written decision by the Patent Trial and Appeal Board that confirmed the validity of a conjugated antibody patent was turned away on Jan. 9 by the Federal Circuit U.S. Court of Appeals (Phigenix Inc. v. ImmunoGen Inc., No. 16-1544, Fed. Cir.; 2017 U.S. App. LEXIS 323).

    Mealey's IP/Tech - 5th Circuit Affirms: State Law Claim Preempted By Copyright Act

    NEW ORLEANS - In a Jan. 11 ruling, the Fifth Circuit U.S. Court of Appeals upheld a Texas federal judge's determination that a state law claim of unfair competition by misappropriation - levied in connection with allegations of stolen instructional drawings - is preempted by the Copyright Act (Ultraflo Corporation v. Pelican Worldwide, et al., No. 15-20084, 5th Cir.; 2017 U.S. App. LEXIS 509).

    Mealey's IP/Tech - Backpage.com CEO Maintains 1st Amendment Argument In Appeal Over Senate Subpoena

    WASHINGTON, D.C. - In his Jan. 9 reply brief in the District of Columbia U.S. Circuit Court of Appeals, Backpage.com LLC Chief Executive Officer Carl Ferrer defends his objections under the First Amendment to the U.S. Constitution to a U.S. Senate subpoena that he says inappropriately seeks information and documents related to Backpage's protected editorial judgment and choices as an online intermediary (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16-5232 and 16-5274, D.C. Cir.)

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

    ALEXANDRIA, Va. - A petition for inter partes review (IPR) of a patented method for reducing power consumption in integrated circuits was denied Jan. 10 by the Patent Trial and Appeal Board (Intel Corp. v. Future Link Systems LLC, No. IPR2016-01400, PTAB).

    Mealey's IP/Tech - Federal Circuit Upholds Stipulations Of Patent Invalidity, Noninfringement

    WASHINGTON, D.C. - A Delaware federal judge did not err in construing "seal," "prevent" and other phrases of four patents relating to vehicular tilt control apparatuses, the Federal Circuit U.S. Court of Appeals ruled Jan. 9 (Cloud Farm Associates LP v. Volkswagen Group of America and ZF Sachs AG, No. 16-1448, Fed. Cir.; 2017 U.S. App. LEXIS 325).

    Mealey's IP/Tech - Majority: No Coverage For Legal Expenses Incurred Without Insurer's Approval

    ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals ruled Jan. 9 that an insurer has no duty to pay an insured's $405,989 in pre-tender legal expenses incurred in defending a copyright infringement lawsuit, affirming a lower court's finding that Florida's claims administration statute (CAS) does not control because the insurer relied on an exclusion and not a coverage defense in its refusal to pay the expenses (EmbroidMe.com, Inc. v. Travelers Property Casualty Company of America, No. 14-10616, 11th Cir.; 2017 U.S. App. LEXIS 368).

    Mealey's IP/Tech - Email Preservation Ordered In Russian Railcar Firm's Trade Secrets Lawsuit

    SAN JOSE, Calif. - Finding that a Russian railcar company had demonstrated a likelihood of success in its claims against two former employees under the Defend Trade Secrets Act (DTSA), a California federal judge on Jan. 6 ordered the hosts of the employees' email accounts to preserve all electronic data associated with those accounts (OOO Brunswick Rail Management, et al. v. Richard Sultanov, et al., No. 5:17-cv-00017, N.D. Calif.; 2017 U.S. Dist. LEXIS 2343).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In 4 Patent Disputes

    WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied certiorari in four patent cases covering technologies ranging from pharmaceutical compounds to surgical staplers (Mylan Pharmaceuticals, et al. v. Acorda Therapeutics, et al., No. 16-360; Ethicon Endo-Surgery Inc. v. Covidien LP et al., No. 16-366; Lifescan Scotland Ltd. v. Pharmatech Solutions Inc., No. 16-377; Merck & Cie et al. v. Watson Laboratories, No. 16-493, U.S. Sup.).

    Mealey's IP/Tech - Texas Magistrate Judge Largely Rules Against Google In Chrome Patent Case

    MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology "appears sound" (Alfonso Cioffi, et al. v. Google Inc., No. 13-103, E.D. Texas; 2017 U.S. Dist. LEXIS 2614).

    Mealey's IP/Tech - Indiana Federal Judge Dismisses Amended Copyright Complaint

    FORT WAYNE, Ind. - Allegations that a school copied a copyrighted educational model without consent were dismissed Jan. 6 by an Indiana federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6) (Angela Brooks-Ngwenya v. National Heritage Academies, No. 16-183, N.D. Ind.; 2017 U.S. Dist. LEXIS 2071).

    Mealey's IP/Tech - 7th Circuit Rejects Copyright Claims Against Amazon.com

    CHICAGO - In what it deemed a "very unusual case," the Seventh Circuit U.S. Court of Appeals on Jan. 6 affirmed dismissal of a dispute in which Amazon.com Inc. was accused of permitting third parties to advertise for sale six counterfeit books in violation of the Copyright Act (Reginald Hart v. Amazon.com Inc., No. 16-2793, 7th Cir.; 2017 U.S. App. LEXIS 256).

    Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Willful Patent Infringement Claims

    SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).

    Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case

    WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications International Ltd., et al., No. 16-1449, Fed. Cir.).

    Mealey's IP/Tech - Patent Board Grants Review In New Limelight, Akamai Dispute

    ALEXANDRIA, Va. - In a ruling issued Dec. 30, the Patent Trial and Appeal Board announced it will review the patentability of nine claims of a patented method for delivering digital content (Limelight Networks Inc. v. Akamai Technologies Inc., No. IPR2016-01631, PTAB).

    Mealey's IP/Tech - Chief Justice Issues Post-Argument Recusal In Patent Case

    WASHINGTON, D.C. - In a letter sent to counsel on Jan. 4, Chief Justice G. John Roberts Jr. revealed that despite his December participation in oral arguments, he will take no part in the U.S. Supreme Court's upcoming decision in the patent dispute between Life Technologies Corp. and Promega Corp. (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).

    Mealey's IP/Tech - Florida Federal Judge Won't Dismiss Copyright Lawsuit By DISH Network

    TAMPA, Fla. - Allegations that the owners and operators of the Arabic television service "UlaiTV" committed copyright infringement will proceed in light of a Jan. 3 ruling by a Florida federal judge (DISH Network LLC v. Gaby Fraifer, et al., No. 16-2549, M.D. Fla.; 2017 U.S. Dist. LEXIS 380).

    Mealey's IP/Tech - Federal Circuit Upholds Rejection, Says Stent Patent Is Obvious

    WASHINGTON, D.C. - Finding no error in a ruling by the Patent Trial and Appeal Board that invalidated, on obviousness grounds, 22 claims of a patented method of maintaining drugs delivered via drug-eluting stent, a divided Federal Circuit U.S. Court of Appeals on Jan. 3 affirmed (In re: Ethicon Inc., No. 15-1696, Fed. Cir.; 2017 U.S. App. LEXIS 4).