LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Google Petition For Covered Business Method Patent Review Denied

    ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Oct. 25 turned away a request by Google Inc. for covered business method (CBM) patent review of five claims of a patent covering a location determination system (Google Inc. v. Locationet Systems Ltd., No. CBM2016-00062, PTAB).

    Mealey's IP/Tech - En Banc 9th Circuit: Review Fee Awards For Abuse Of Discretion

    SAN FRANCISCO - In what it deemed a "correction in the law," an en banc Ninth Circuit U.S. Court of Appeals on Oct. 24 overruled its own precedent in concluding that a review of an award of attorney fees under the Lanham Act should be conducted under an abuse of discretion standard (SunEarth Inc. v. Sun Earth Solar Power Co. Ltd., Nos. 13-17622, 15-16096, 9th Cir.; 2016 U.S. App. LEXIS 19083).

    Mealey's IP/Tech - Patent Board Rejects Appeal Of Earlier Holding, Denies Reconsideration

    ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Oct. 24 stood by its August 2016 ruling that upheld an examiner's rejection of 20 claims of an invention covering a hand-held device display management system (Ex parte Michael Muller, Appeal No. 2015-004131, PTAB).

    Mealey's IP/Tech - Mattress Firm's Lanham Claim Against Review Site Partly Dismissed

    NEW YORK - Many of the statements on a mattress review website about which a mattress manufacturer complains constitute opinions that are not actionable under the Lanham Act, a New York federal judge ruled Oct. 20, granting in part the site operator's motion to dismiss (Casper Sleep Inc. v. Derek Hales, et al., No. 1:16-cv-03223, S.D. N.Y.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Severs, But Won't Transfer, Antitrust Cases

    PHILADELPHIA - Efforts by Endo Pharmaceuticals Inc., Watson Laboratories Inc., Allergan PLLC and Impax Laboratories Inc. to sever allegations that they violated the Federal Trade Commission and Clayton Acts by delaying market entry of two proposed generic drugs were successful on Oct. 20, when a Pennsylvania federal judge agreed that the challenged agreements, underlying circumstances and drugs "have nothing to do with each other" (Federal Trade Commission v. Endo Pharmaceuticals Inc., et al., No. 16-1440, E.D. Pa.; 2016 U.S. Dist. LEXIS 145329).

    Mealey's IP/Tech - California Federal Judge Partly Dismissed Induced Patent Infringement Claims

    SAN FRANCISCO - Apple Inc. won partial dismissal on Oct. 21 of allegations that it induced others to infringe a patented process that facilitates video conferencing when a California federal judge agreed that one patent was not indirectly infringed; the judge denied dismissal as it relates to four other patents asserted in the action, however (Straight Path IP Group Inc. v. Apple Inc., No. 16-3582, N.D. Calif.; 2016 U.S. Dist. LEXIS 146262).

    Mealey's IP/Tech - Federal Circuit Reaffirms: No Review Of Patent Board Reconsideration Decisions

    WASHINGTON, D.C. - Nothing in the recent U.S. Supreme Court decision in Cuozzo Speed Technologies, LLC v. Lee (136 S. Ct. 2131 [2016]) alters a 2015 conclusion by the Federal Circuit U.S. Court of Appeals that a determination by the Patent Trial and Appeal Board to discontinue inter partes review (IPR) is not reviewable on appeal under 35 U.S. Code Section 314(d), the Federal Circuit ruled Oct. 20, denying a petition for rehearing (Medtronic Inc. v. Robert Bosch Healthcare Systems Inc., Nos. 15-1977, -1986, -1987, Fed. Cir.; 2016 U.S. App. LEXIS 18855).

    Mealey's IP/Tech - Federal Circuit Vacates Fee Award For Timberlake, Spears In Patent Case

    WASHINGTON, D.C. - A California federal judge's decision awarding pop singers Justin Timberlake and Britney Spears $755,925.86 in attorney fees under 35 U.S. Code Section 285 after the duo prevailed on allegations of patent infringement was vacated and remanded by the Federal Circuit U.S. Court of Appeals on Oct. 20 (Large Audience Display Systems LLC v. Tennman Productions LLC, et al., No. 15-2040, Fed. Cir.; 2016 U.S. App. LEXIS 18854).

    Mealey's IP/Tech - D.C. Circuit Stays Enforcement Of Subpoena On Backpage.com CEO Pending Appeal

    WASHINGTON, D.C. - A District of Columbia U.S. Circuit Court of Appeals pane. on Oct. 17 stayed an enforcement order requiring Backpage.com LLC Chief Executive Officer Carl Ferrer to comply with a U.S. Senate subcommittee discovery subpoena connected with an investigation of online sex trafficking, finding that he had met the requirements for a stay pending appeal (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232 and 16-5274, D.C. Cir.).

    Mealey's IP/Tech - Judge Partially Bars Expert Opinion On Fitness Brand In Trademark Infringement Suit

    HOUSTON - In a trademark infringement lawsuit, an expert may testify on branding in the fitness industry but is not allowed to discuss whether an alleged brand meets various legal definitions related to trademark law, a Texas federal judge ruled Oct. 18, also denying summary judgment to a fitness training company on its fair use defense (Michael Jones v. American Council on Exercise, No. 15-3270, S.D. Texas; 2016 U.S. Dist. LEXIS 143882).

    Mealey's IP/Tech - New York Magistrate Judge Rejects Alter-Ego Theory Of Liability In Copyright Case

    NEW YORK - A plaintiff on Oct. 19 won the right to amend his complaint to add several individual and corporate defendants in a New York copyright infringement dispute (Joseph Separzadeh v. Iconix Brand Group Inc., et al., No. 15-8643, S.D. N.Y.; 2016 U.S. Dist. LEXIS 144772).

    Mealey's IP/Tech - Patent Board Denies Review Of Patents Related To Natalizumab

    ALEXANDRIA, Va. - Three petitions for inter partes review (IPR) of patents covering the immunosuppressant drug natalizumab - marketed under the brand name "Tysabri" - were denied Oct. 17 by the Patent Trial and Appeal Board (Swiss Pharma International AG v. Biogen IDEC, No. IPR2016-00912, PTAB).

    Mealey's IP/Tech - Loss Did Not Trigger Computer Fraud Provision, 5th Circuit Says In Reversal

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 18 held that a fraud scheme involving an email did not constitute computer fraud under a crime protection insurance policy, vacating a lower court's $1.4 million judgment against the insurer (Apache Corp. v. Great American Insurance Co., No. 15-20499, 5th Cir.; 2016 U.S. App. LEXIS 18748).

    Mealey's IP/Tech - Class Certification Again Sought In Suit Over Laptops Installed With Spyware

    ERIE, Pa. - Eighteen months after the Third Circuit U.S. Court of Appeals affirmed their ability bring class claims against a rent-to-own (RTO) retailer that purportedly installed spyware on their computer, a Wyoming couple on Oct. 14 again moved for class certification to pursue their claims under the Electronic Communications Privacy Act (ECPA) (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

    Mealey's IP/Tech - Patent Board Grants Review Of Children's Play Yard Clip Patent

    ALEXANDRIA, Va. - Deeming a petitioner likely to succeed on its claim that two claims of a patented clip used in connection with children's play yards are invalid as anticipated, the Patent Trial and Appeal Board on Oct. 17 granted inter partes review (IPR) (Graco Children's Products Inc. v. Kolcraft Enterprises Inc., No. IPR2016-00911, PTAB).

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

    SAN FRANCISCO - A claim that Google Inc. committed contributory trademark infringement when it failed to remove from Google Play apps from developers previously accused of infringing a plaintiff's "Spy Phone" trademark will proceed in light of an Oct. 14 holding by a California federal judge, who deemed the allegations sufficient to withstand a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) (Spy Phone Labs LLC v. Google Inc., No. 15-3756, N.D. Calif.; 2016 U.S. Dist. LEXIS 143530).

    Mealey's IP/Tech - D.C. Federal Judge Denies Dismissal Of Lanham Act Claims Against McCormick

    WASHINGTON, D.C. - Multidistrict litigation stemming from an alleged practice by McCormick & Co. Inc. of "slack-filling" black pepper containers will proceed with a claim of false advertising in place, a District of Columbia federal judge ruled Oct. 18 (In re: McCormick & Company Inc., MDL No. 2665, D. D.C.; 2016 U.S. Dist. LEXIS 143176).

    Mealey's IP/Tech - Judge Refuses To Allow Insurer To Intervene In Copyright Infringement Dispute

    CLEVELAND - An Ohio federal judge on Oct. 17 denied a commercial property's insurer motion to intervene in a copyright infringement dispute, finding that the insurer lacks a substantial interest in the case and that the insurance action would not share questions of law or fact with the copyright lawsuit (Design Basics LLC v. A.J. Bokar Building Company Inc. d/b/a Willow Wood Homes, No. 16-669, N.D. Ohio; 2016 U.S. Dist. LEXIS 143464).

    Mealey's IP/Tech - Government Defends TCPA Constitutionality In Facebook Text Message Suit

    SAN FRANCISCO - The U.S. government intervened in a putative consumer class action in California federal court Oct. 17, filing a memorandum defending the constitutionality of the Telephone Consumer Protection Act (TCPA) in response to a question raised by defendant Facebook Inc. related to allegations that the social network violated the act by sending text notifications without user consent (Christine Holt v. Facebook Inc., No. 3:16-cv-02266, N.D. Calif.).

    Mealey's IP/Tech - Federal Circuit: Claim Construction, Infringement Findings Not Erroneous

    WASHINGTON, D.C. - A Massachusetts federal judge properly construed various disputed terms of two patents relating to three-dimensional scaffolding for growing cells in vitro to produce organ tissue, the Federal Circuit U.S. Court of Appeals ruled Oct. 13 (Massachusetts Institute of Technology, et al. v. Shire Pharmaceuticals Inc., et. al., No. 15-1881, Fed. Cir.; 2016 U.S. App. LEXIS 18426).

    Mealey's IP/Tech - Patent Board Affirms Final Rejection Of Seismic Data Gathering Application

    ALEXANDRIA, Va. - A claimed invention relating to seismic streaming was properly rejected by a patent examiner as obvious in light of various prior art, the Patent Trial and Appeal Board affirmed Oct. 14 (Ex parte Husom, et al., No. 2014-009474, PTAB).

    Mealey's IP/Tech - Federal Circuit Says Marketing Of Generic Fortesta Would Infringe

    WASHINGTON, D.C. - A bench trial held by a Texas federal judge correctly ended in findings that patents covering the testosterone gel Fortesta are not invalid as anticipated or obvious, as well as a ruling that the marketing of generic Fortesta would infringe the same patents, the Federal Circuit U.S. Court of Appeals ruled Oct. 14 (Endo Pharmaceuticals Inc., et al. v. Actavis Laboratories UT Inc., No. 16-1146, Fed. Cir.; 2016 U.S. App. LEXIS 18490).

    Mealey's IP/Tech - Ohio Panel: Court Erred In Finding Audit Request Was Not Claim Under Policy

    LIMA, Ohio - Reversing a lower court in part, an Ohio appeals court on Oct. 11 held that the court erred in finding that an audit request in an underlying copyright infringement dispute was not a "claim" under an insurance policy (Eighth Floor Promotions v. The Cincinnati Insurance Companies, No. 10-15-19, Ohio App., 3rd Dist.; 2016 Ohio App. LEXIS 4119).

    Mealey's IP/Tech - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

    PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).

    Mealey's IP/Tech - Government To 9th Circuit: En Banc Review Of Computer Fraud Ruling Not Merited

    SAN FRANCISCO - In an Oct. 11 brief in the Ninth Circuit U.S. Court of Appeals, the U.S. government defends a July 2016 panel ruling in which a majority found that a man violated the Computer Fraud and Abuse Act (CFAA) by accessing his former employer's network, arguing that his bid for en banc review should be denied (United States of America v. David Nosal, No. 14-10037 and 14-10275, 9th Cir.).