LexisNexis® Legal Newsroom
    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).

    Mealey's IP/Tech - Federal Circuit Will Rehear Patent Dispute Between Wi-Fi One, Broadcom

    WASHINGTON, D.C. - The continued viability of Achates Reference Publishing Inc. v. Apple Inc. (803 F.3d 652 [Fed. Cir. 2015]) will soon be debated in light of a Jan. 4 decision by the Federal Circuit U.S. Court of Appeals to rehear, en banc, a dispute involving a data transmission patent (Wi-Fi One LLC v. Broadcom Corp., Nos. 15-1944, -1945, -1946, Fed. Cir.).

    Mealey's IP/Tech - Patent Board Affirms Examiner: Nokia Patent Would Have Been Obvious

    ALEXANDRIA, Va. - A patented invention covering a signal-generating device would have been obvious to a person of ordinary skill in the art, the Patent Trial and Appeal Board ruled Dec. 27 (Ex parte Niels Nymark and Thomas Bove, No. 2016-001564, PTAB).

    Mealey's IP/Tech - Missouri Federal Judge Denies Dismissal Of Trademark Claim

    ST. LOUIS - Although a defendant won dismissal Dec. 27 of allegations that it committed tortious interference with business expectancies, its motion was denied by a Missouri federal judge as it relates to trademark infringement (John Beal Inc. v. Roofpros Inc. and Web.com Group Inc., No. 16-1151, E.D. Mo.; 2016 U.S. Dist. LEXIS 178513).

    Mealey's IP/Tech - Delaware Federal Judge: Harm Not Irreparable In Pharmaceutical Patent Case

    WILMINGTON, Del. - A request by Bayer Pharma AG, Bayer Intellectual Property GmbH and Bayer HealthCare Pharmaceuticals Inc. (Bayer, collectively) for a preliminary injunction barring a competitor from selling a generic oral contraceptive was denied Dec. 28 by a Delaware federal judge, despite a July final judgment that the generic drug would infringe (Bayer Pharma AG, et al. v. Watson Laboratories Inc., No. 12-1726, D. Del.; 2016 U.S. Dist. LEXIS 179103).

    Mealey's IP/Tech - Mississippi Federal Judge Allows Git-R-Done Trademark Case To Proceed

    JACKSON, Miss. - A request for summary judgment by a defendant accused of infringing the "Git-R-Done" tagline of the fictional character "Larry the Cable Guy" when it named its convenience store "Giterdone" was denied Dec. 28 by a Mississippi federal judge (Git-R-Done Productions Inc. v. Giterdone C Store LLC, No. 15-386, S.D. Miss.; 2016 U.S. Dist. LEXIS 179201).

    Mealey's IP/Tech - Wal-Mart, Amazon Targeted By Rap Group For Trademark Violations

    NEW YORK - Asserting damages in excess of $50 million, the iconic rap group Run-DMC filed suit Dec. 29 in New York federal court against retailers Wal-Mart and Amazon.com Inc. over clothing and accessories that directly infringe the "RUN-DMC" trademark (RUN-DMC Brand LLC v. Amazon.com Inc., et al., No. 16-10011, S.D. N.Y.).

    Mealey's IP/Tech - New York Federal Judge Dismisses Copyright Dispute Over Muppets Song

    NEW YORK - An Italian music publisher's claim that the "Mah Na Mah Na" song popularized by the Muppets by is an unauthorized derivative of a 1966 classical composition were dismissed Dec. 29 by a New York federal judge on grounds that the publisher lacks standing to sue for copyright infringement (Creazioni Artistiche Musicali S.r.l. v. Carlin America Inc., et al., No. 14-9270, S.D. N.Y.; 2016 U.S. Dist. LEXIS 180431).

    Mealey's IP/Tech - Judge Declines To Stay Injunction On Video-Streaming Service Pending Appeal

    LOS ANGELES - A California federal judge on Dec. 29 declined to stay pending appeal a preliminary injunction issued against a video on demand (VOD) provider, finding that the balance of hardships weighed in favor of the plaintiff movie studios that have demonstrated a likelihood of success on their copyright infringement claims against the VOD firm (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

    Mealey's IP/Tech - 4th Circuit Upholds Enhanced Award For DirecTV In Trademark Case

    RICHMOND, Va. - A North Carolina federal judge did not err in rejecting a jury award of $760,000 in favor of a marketing company that had accused DirecTV LLC of violating the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), the Fourth Circuit U.S. Court of Appeals ruled Dec. 29 (Exclaim Marketing LLC v. DirecTV LLC, No. 15-2399, 4th Cir.; 2016 U.S. App. LEXIS 23378).

    Mealey's IP/Tech - Patent Board Consolidates Apple, Samsung Petitions For Inter Partes Review

    ALEXANDRIA, Va. - Efforts by Samsung Electronics Co. Ltd. to invalidate a wireless communications patent raise identical issues to those raised by Apple Inc. and Microsoft Corp. in a joint June 2016 petition for inter partes review (IPR), the Patent Trial and Appeal Board ruled Dec. 21 (Samsung Electronics Co. Ltd. v. Evolved Wireless LLC, No. IPR2016-01310, PTAB).

    Mealey's IP/Tech - New York Federal Judge: New Infringement Claims Barred By Settlement

    NEW YORK - A longstanding dispute over the trademarked phrase "Get Lucky" was dismissed Dec. 22 by a New York federal judge, on grounds that the latest claims by plaintiff Marcel Fashions Group Inc. are barred by the terms of a 2003 settlement (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., No. 11-5523, S.D. N.Y.; 2016 U.S. Dist. LEXIS 177483).

    Mealey's IP/Tech - Accused Downloader Appeals Dismissal Of Claims Against Him Without Prejudice

    CINCINNATI - A federal magistrate judge erred in granting voluntary dismissal of an adult movie studio's copyright infringement claims without prejudice, an Ohio man argues in a Dec. 21 brief in the Sixth Circuit U.S. Court of Appeals, contending that the disposition deprived him of the ability to seek a fees award as prevailing party for the studio's baseless lawsuit (Malibu Media LLC v. David Ricupero, No. 16-3628, 6th Cir.).

    Mealey's IP/Tech - Twitter Must Identify User Who Sent Seizure-Inducing Tweet To Writer

    DALLAS - A journalist who suffered an epileptic seizure after receiving a tweet from an anonymous poster containing a strobe image was granted leave by a Texas judge on Dec. 19 to depose a representative of Twitter Inc. to obtain identifying information about the Doe poster for the purpose of pursuing legal action against him or her (In re: Petition of Kurt Eichenwald Requesting Pre-suit Deposition under Rule 202, No. DC-16-16077, Texas Dist., Dallas Co.).

    Mealey's IP/Tech - Patent Board Reverses Rejection, Prior Art Relied On By Examiner

    ALEXANDRIA, Va. - Findings by a patent examiner that a claimed method of operating a steam generator would have been obvious to one of ordinary skill in the art were reversed Dec. 21 by the Patent Trial and Appeal Board (Ex parte John H. Chiu and George D. Mylchreest, No. 2015-002233, PTAB).