LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Vacates Denial Of Injunction In Patent Dispute

    WASHINGTON, D.C. - A Texas federal judge's decision to deny a patent plaintiff permanent injunctive relief, following a jury verdict of infringement, was vacated by the Federal Circuit U.S. Court of Appeals on July 11 (Genband US LLC v. Metaswitch Networks Corp., et al., No. 17-1148, Fed. Cir., 2017 U.S. App. LEXIS 12233).

    Mealey's IP/Tech - Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling

    LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

    Mealey's IP/Tech - Claim Constructions Debated In New Patent Appeal To Federal Circuit

    WASHINGTON, D.C. - In a July 6 reply brief, a patent owner disputes assertions by the U.S. Patent and Trademark Office that the patent owner's appeal of an adverse inter partes review (IPR) outcome seeks a narrower claim construction of a temperature limitation that would render various dependent claims superfluous (ZoomEssence Inc. v. Joseph Matal, Acting Director of the U.S. Patent and Trademark Office, No. 17-1581, Fed. Cir.).

    Mealey's IP/Tech - New York Federal Copyright Claim Against Associated Press Survives Motion

    NEW YORK - A request by The Associated Press and Hearst Communications Inc. for judgment on the pleadings on allegations that they committed copyright infringement was denied July 7 by a New York federal judge, who found that material issues of disputed fact exist with regard to the date the infringement first took place (Michael Grecco v. The Associated Press, et al., No. 16-6240, S.D. N.Y., 2017 U.S. Dist. LEXIS 105264).

    Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Vacates In Appeal Of Patent Board Ruling

    WASHINGTON, D.C. - Google Inc. prevailed outright in its cross-appeal of an adverse determination of patentability by the Patent Trial and Appeal Board, when the Federal Circuit U.S. Court of Appeals on July 10 ruled that 11 claims of a touch-screen, image-generating patent were erroneously deemed not anticipated or obvious (Google Inc. v. Intellectual Ventures II LLC, Nos. 16-1543, -1545, Fed. Cir., 2017 U.S. App. LEXIS 12234).

    Mealey's IP/Tech - Timing Of Email Dooms Sanctions Request In Design Patent Case

    BOSTON - Allegations of design patent infringement were withdrawn within the 21-day safe harbor period proscribed by Federal Rule of Civil Procedure 11, a Massachusetts federal judge ruled July 6 in denying a request for sanctions (Caffeinate Labs Inc. v. Vante Inc., et al., No. 16-12480, D. Mass, 2017 U.S. Dist. LEXIS 104265).

    Mealey's IP/Tech - Induced Copyright Infringement Claim Tossed By California Federal Judge

    SAN DIEGO - Allegations that various individuals working at the behest of musician Carlos Santana induced others to infringe copyrighted artwork were dismissed July 6 by a California federal judge (Eric Gottesman v. Carlos Santana, et al., No. 16-2902, S.D. Calif., 2017 U.S. Dist. LEXIS 104548).

    Mealey's IP/Tech - 9th Circuit Reverses, Remands In Longstanding Trademark Case

    SAN FRANCISCO - A plaintiff adequately pleaded a cause of action for trademark infringement under a reverse confusion theory of likely confusion to withstand a defense motion for summary judgment, the Ninth Circuit U.S. Court of Appeals ruled July 7, reversing findings by a California federal judge that reverse confusion is a separate claim that must be specifically pleaded (Marketquest Group Inc. v. BIC Corp., No. 15-55755, 9th Cir., 2017 U.S. App. LEXIS 12165).

    Mealey's IP/Tech - New York Federal Judge Won't Reconsider Fee Award In Patent Case

    NEW YORK - A December 2016 ruling that a patent plaintiff and its attorneys pursued their case in bad faith will not be revisited, a New York federal judge ruled July 6 (AlphaCap Ventures LLC v. Gust Inc., No. 15-6192, S.D. N.Y., 2017 U.S. Dist. LEXIS 104411).

    Mealey's IP/Tech - Blood Pressure Medicine Insurance Action Remanded After Patent Claims Dismissed

    CHICAGO - Dismissal of a couple's antitrust and patent claims against a name-brand blood pressure medicine manufacturer for lack of standing leaves only state-based claims against an insurer for failing to cover the drug, a federal judge in Illinois held July 5 in remanding the action (Tarek Farag and Soona Farag v. Health Care Service Corp., d/b/a Blue Cross Blue Shield of Illinois and Novartis Pharmaceuticals Corp., No. 17-2547, N.D. Ill., 2017 U.S. Dist. LEXIS 103302).

    Mealey's IP/Tech - California Magistrate Judge Dismisses Trade Secret, Copyright Misuse Claims

    SAN FRANCISCO - An affirmative defense of copyright misuse was stricken by a California federal judge on July 5 in a dispute over golf club and golf training aid designs (Jonathan Wang v. Golf Tailor LLC, No. 17-898, N.D. Calif., 2017 U.S. Dist. LEXIS 103654).

    Mealey's IP/Tech - Federal Circuit Affirms Denial Of Fees, Reverses Dismissal With Prejudice

    WASHINGTON, D.C. - Although a Texas federal judge did not err in denying a request for attorney fees by myriad defendants in a patent action, his decision to dismiss an invalidity counterclaim with prejudice was reversed July 5 by the Federal Circuit U.S. Court of Appeals (Parallel Networks LLC v. Kayak Software Corporation, et al., Nos. 15-1681, 16-1944, Fed. Cir., 2017 U.S. App. LEXIS 11921).

    Mealey's IP/Tech - Finjan Patent Accused Of Obviousness In New Inter Partes Review Petition

    ALEXANDRIA, Va. - In a July 4 filing before the Patent Trial and Appeal Board, a petitioner claimed that a Finjan Inc. patent covering anti-virus software is obvious and anticipated under Sections 102 and 103(a) of the Patent Act, 35 U.S.C. 102, 103(a) (ESET LLC v. Finjan Inc., No. IPR2017-01738, PTAB).

    Mealey's IP/Tech - Washington Federal Judge Denies Injunctive Relief In Counterfeiting Case

    SPOKANE, Wash. - A request for declarations of noncounterfeiting and noninfringement with regard to the "PA Mask" trademark will proceed without a preliminary injunction in place, in light of a July 3 ruling by a Washington federal judge (The McBride Organization LLC v. Dominique Wenger, et al., No. 17-231, E.D. Wash., 2017 U.S. Dist. LEXIS 102943).

    Mealey's IP/Tech - Panel: Complaint Against Digital Media Firm Properly Struck Under Anti-SLAPP Law

    LOS ANGELES - Finding that an online entertainment company's trade libel suit against a digital media firm was based directly on the contents of its communications, a California appeals panel on June 29 affirmed a trial court's ruling striking the suit under the state's Strategic Lawsuit Against Public Participation statute (anti-SLAPP statute), also finding that underlying issues of internet copyright and adult content were matters of public interest that merited protection under the statute (FilmOn.com v. DoubleVerify Inc., No. B264074, Calif. App., 2nd Dist., 2017 Cal. App. Unpub. LEXIS 4477).

    Mealey's IP/Tech - Federal Circuit Reverses Denial Of Fee Award In Patent Dispute

    WASHINGTON, D.C. - A Texas federal judge's decision to deny a prevailing patent infringement defendant an award of attorney fees was reversed July 5 by the Federal Circuit U.S. Court of Appeals (AdjustaCam LLC v. Newegg Inc., et al., No. 16-1882, Fed. Cir., 2017 U.S. App. LEXIS 11922).

    Mealey's IP/Tech - Collapsible Shoe Patent Would Have Been Obvious, New Petition Alleges

    ALEXANDRIA, Va. - In a request for inter partes review filed June 28, a patent owned by Reebok International Ltd. that discloses a collapsible shoe was accused of unpatentability pursuant to Section 103 of the Patent Act, 35 U.S.C. 103 (Elite Performance Footwear LLC v. Reebok International Ltd., No. IPR2017-01689, PTAB).

    Mealey's IP/Tech - West Virginia Man Says Arrest Over Facebook Posts Violated 1st Amendment

    WHEELING, W.Va. - In a June 30 complaint in a West Virginia federal court, a self-described political activist claims that his 2015 arrest, incarceration and prosecution over three Facebook posts violated his rights to participate in protected political speech (David Jones v. Michael S. White II, etc., No. 5:17-cv-00100, N.D. W.Va.).

    Mealey's IP/Tech - 5th Circuit Affirms: Copyright Claim Against American Girl Fails

    NEW ORLEANS - Allegations that several books in the "American Girl" series infringe the copyright of an unpublished novel were properly rejected by a Louisiana federal judge, the Fifth Circuit U.S. Court of Appeals held June 29 in a per curiam ruling (Melva Leona Vallery v. American Girl L.L.C., No. 15-30472, 5th Cir., 2017 U.S. App. LEXIS 11647).

    Mealey's IP/Tech - 8th Circuit: Arbitration Not Compelled By Prior Trademark Settlement

    ST. LOUIS - An Arkansas federal judge properly denied a motion to compel arbitration of a trademark infringement action based upon a clause in a prior settlement of a similar dispute, the Eighth Circuit U.S. Court of Appeals ruled July 3 (Zetor North America Inc. v. Brent Rozeboom, et al., No. 16-2125, 8th Cir., 2017 U.S. App. LEXIS 11790).

    Mealey's IP/Tech - Federal Circuit Vacates Written Description Findings By Patent Board

    WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that various claims of patents owned by the board of trustees of the Leland Stanford Junior University are unpatentable for lack of written descriptive support were erroneous, the Federal Circuit U.S. Court of Appeals ruled June 27 (Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong, No. 15-2011, Fed. Cir., 2017 U.S. App. LEXIS 11382).

    Mealey's IP/Tech - 9th Circuit Vacates Denial Of Injunction In Trade Dress Dispute

    SAN FRANCISCO - A plaintiff on June 26 prevailed in an interlocutory appeal to the Ninth Circuit U.S. Court of Appeals of a California federal judge's decision to deny preliminary injunctive relief in a dispute over paint ball trade dress (GI Sportz Inc., et al. v. APX Gear LLC, No. 16-56882, 9th Cir., 2017 U.S. App. LEXIS 11326).

    Mealey's IP/Tech - 9th Circuit Upholds Copyright, Trademark Judgment And Award

    SAN FRANCISCO - A $1.95 million statutory damage award issued in favor of copyright and trademark infringement plaintiff Microsoft Corp. will stand, in light of a June 27 ruling by the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Buy More Inc., et al., No. 15-56544, 9th Cir., 2017 U.S. App. LEXIS 11454).

    Mealey's IP/Tech - Canadian High Court Upholds Global Injunction On Google Search Results

    OTTAWA - A Canadian trial court properly issued an injunction requiring Google Inc. to remove the links to a trademark infringer's websites worldwide, a Supreme Court of Canada majority ruled June 28, finding that an injunction over just Google's Canadian sites would not sufficiently combat the infringing activities (Google Inc. v. Equustek Solutions Inc., et al., No. 36602, Canada Sup.).

    Mealey's IP/Tech - Boat Maker Appeals Trade Dress, Trade Secrets Judgment To 11th Circuit

    ATLANTA - A boat manufacturer in a June 23 brief tells the 11th Circuit U.S. Court of Appeals that a trial court erred in disposing of its trade dress and trade secrets claims against a rival firm via summary judgment, arguing that the lower court failed to properly consider evidence of distinctiveness, nonfunctionality and confidentiality (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).