LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Rasta Band's Suit Over YouTube Video Takedown Dismissed By Judge

    SAN FRANCISCO - Although a California federal judge found that YouTube Inc. was not immune under the Communications Decency Act (CDA) from claims related to its takedown of a band's music video for allegedly artificially inflating the video's view count, the judge held that the plaintiffs failed to sufficiently allege their libel and contractual claims against the video-sharing website, granting its motion to dismiss (Song fi Inc., et al. v. Google Inc., et al., No. 3:14-cv-05080, N.D. Calif.; 2015 U.S. Dist. LEXIS 75272).

    Mealey's IP/Tech - D.C. Circuit Declines To Stay Net Neutrality Order Pending Review

    WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on June 11 denied the consolidated motion of a group of telecommunications providers (telecoms) to stay the Federal Communications Commission's recently released report and order on "Protecting and Promoting the Open Internet" pending the telecoms' respective petitions seeking review of the order (United States Telecom Association v. Federal Communications Commission, et al., No. 15-1063, D.C. Cir.).

    Mealey's IP/Tech - Judge Leaves Summary Judgment, Sanctions To Jury In BitTorrent File-Sharing Case

    INDIANAPOLIS - Finding that a genuine issue of material fact exists as to whether an accused file-sharer illegally copied six movies, an Indiana federal judge on June 8 denied the copyright holder's motion for summary judgment (Malibu Media LLC v. Michael Harrison, No. 1:12-cv-01117, S.D. Ind.; 2015 U.S. Dist. LEXIS 73447).

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

    WASHINGTON, D.C. - Amazon.com Inc. again prevailed on allegations that it infringed a method patent when the Federal Circuit U.S. Court of Appeals on June 11 agreed with a California federal judge that the patent in suit claims "no more than an abstract idea coupled with routine data-gathering steps and conventional computer activity" (OIP Technologies Inc. v. Amazon.com Inc., No. 12-1696, Fed. Cir.).

    Mealey's IP/Tech - New York Federal Judge Sides With Copyright Defendant

    ROCHESTER, N.Y. - Efforts by a copyright infringement plaintiff to hold a former licensee responsible for copying designs that were pitched and rejected failed June 10, when a New York federal judge instead granted the defendant summary judgment (Barbara McDonald v. K-2 Industries Inc. d/b/a Pavilion Gift Company, No. 10-6678, W.D. N.Y.; 2015 U.S. Dist. LEXIS 75205).

    Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Vacates Patent Holdings

    WASHINGTON, D.C. - A California federal judge's determination that a coenzyme-producing patent was not infringed by three defendants was vacated, in part, by the Federal Circuit U.S. Court of Appeals on June 10 (Kaneka Corporation v. Xiamen Kingdomway Group Company, et al., Nos. 14-1373, -1399, Fed. Cir.).

    Mealey's IP/Tech - State Department Requests Dismissal Of FOIA Suit Over Clinton Emails

    WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

    Mealey's IP/Tech - Federal Circuit Reverses, Remands Patent Board

    WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that deemed various patent claims invalid as obvious and anticipated under 35 U.S. Code Sections 102(b) and 103(a) was reversed and remanded June 10 by the Federal Circuit U.S. Court of Appeals (Acme Scale Company Inc. v. LTS Scale Company LLC, No. 14-1721, Fed. Cir.).

    Mealey's IP/Tech - California Federal Judge Grants Partial Judgment In Trademark Case

    LOS ANGELES - Although agreeing with a defendant that a plaintiff's theories of forward and reverse confusion with regard to trademark infringement liability must fail, a California federal judge on June 8 stopped short of canceling the "Oculu" mark (Oculu LLC v. Oculus VR Inc., No. 14-196, C.D. Calif.; 2015 U.S. Dist. LEXIS 74666).

    Mealey's IP/Tech - Federal Circuit Vacates Noninfringement, Patent Invalidity Judgment

    WASHINGTON, D.C. - A stipulated final judgment of noninfringement and invalidity with regard to a video conversion patent was vacated and remanded by the Federal Circuit U.S. Court of Appeals on June 9 because the stipulation was based on an erroneous claim construction (Virginia Information Sciences Inc. v. Samsung Electronics Co. Ltd. et al., No. 14-1477, Fed. Cir.; 2015 U.S. App. LEXIS 9568).

    Mealey's IP/Tech - Indiana Federal Judge Grants Attorney Fees In Copyright Case

    INDIANAPOLIS - A plaintiff who voluntarily dismissed his copyright infringement claims must pay a defendant $33,974.65 in attorney fees, an Indiana federal judge ruled June 8 (Richard N. Bell v. Charles Lantz, No. 13-35, S.D. Ind.; 2015 U.S. Dist. LEXIS 73616).

    Mealey's IP/Tech - Federal Circuit Affirms Rejection of Various Patent Claims

    WASHINGTON, D.C. - An inventor's attempt to patent a combination of coffee grounds and honey for the treatment of certain viral illnesses was properly rejected by the U.S. Patent and Trademark Office (PTO), the Federal Circuit U.S. Court of Appeals found June 8 (In re: Gilbert Gee, No. 15-1145, Fed. Cir.).

    Mealey's IP/Tech - Judge Dismisses UCL Claim From Dispute Over Mobile Technologies

    SAN JOSE, Calif. - A federal judge in California on June 5 dismissed a state unfair competition law (UCL) claim from a dispute over whether an enterprise mobility management (EMM) solutions provider disseminated marketing materials disparaging the quality of the plaintiff's mobile data and device management technologies but allowed claims brought under the Lanham Act to continue (Good Technology Corp., et al. v. MobileIron Inc., No. 12-5826, N.D. Calif.; 2015 U.S. Dist. LEXIS 73271).

    Mealey's IP/Tech - Michigan Federal Judge Denies Dismissal In Patent Litigation

    DETROIT - A patent dispute between two competitors in the field of video management software and systems will proceed, a Michigan federal judge ruled June 5 (JDS Technologies Inc. v. Avigilon USA Corporation Inc. and Avigilon Corp., No. 15-10385, E.D. Mich.; 2015 U.S. Dist. LEXIS 73217).

    Mealey's IP/Tech - Florida Federal Judge Dismisses Inequitable Conduct Patent Claim

    FORT MYERS, Fla. - A declaratory judgment defendant's counterclaim of inequitable conduct was dismissed June 5 by a Florida federal judge (Chico's Fas Inc. v. Andrea Clair et al., No. 13-792 M.D. Fla.; 2015 U.S. Dist. LEXIS 73052).

    Mealey's IP/Tech - California Magistrate Judge Partly Quashes Subpoena In Copyright Action

    LOS ANGELES - Efforts by photographer Barry Rosen, who previously sued eBay Inc. over its "Verified Rights Owner" (VERO) program (Barry Rosen v. eBay Inc. and Does 1 through 1000, No. 07-7531, C.D. Calif.), to subpoena the online auction site pursuant to the Digital Millennium Copyright Act (DMCA) were partly thwarted by a California federal magistrate judge on June 5 (In re: DMCA Subpoena to eBay Inc., No. 15-922, S.D. Calif.; 2015 U.S. Dist. LEXIS 73341).

    Mealey's IP/Tech - California Federal Judge Denies Attorney Fee Award In Trademark Case

    SAN FRANCISCO - Despite prevailing on allegations that it infringed the "Fitbug" trademark, Fitbit Inc. was denied an award of attorney fees June 5 by a California federal judge (Fitbug Ltd. v. Fitbit Inc., No. 13-1418, N.D. Calif.; 2015 U.S. Dist. LEXIS 73325).

    Mealey's IP/Tech - Federal Circuit Says Patent Litigation Should Have Been Dismissed

    WASHINGTON, D.C. - A Florida federal judge erred denying a motion to dismiss, on standing grounds, a dispute over a prosthetic liner patent, the Federal Circuit U.S. Court of Appeals ruled June 5 (Alps South LLC v. The Ohio Willow Wood Company, Nos. 13-1452, -1488, 14-1147, -1426, Fed. Cir.).

    Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Again Rejects Claim Constructions

    WASHINGTON, D.C. - Despite a decision by the U.S. Supreme Court to vacate and remand an earlier reversal by the Federal Circuit U.S. Court of Appeals of a Florida federal judge's claim construction in light of Teva Pharmaceuticals USA Inc. v. Sandoz Inc. (135 S. Ct. 831 [2015]), the Federal Circuit on June 2 held firm, again rejecting the constructions (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 13-1409, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Opposition Of Registration For 'IWatch' Trademark

    WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly sustained an opposition by Swatch AG of a trademark application for "iWatch" on grounds that the applicant lacked a bona fide intent to use the mark in commerce, the Federal Circuit U.S. Court of Appeals ruled June 4 (M.Z. Berger & Co. Inc. v. Swatch AG, No. 14-1219, Fed. Cir.; 2015 U.S. App. LEXIS 9276).

    Mealey's IP/Tech - Google Opposes Certification Of Android User Privacy, Unfair Competition Class

    SAN JOSE, Calif. - In a June 2 opposition brief, which echoed its pending motion to dismiss, Google Inc. says a putative class of Android device users has not offered "a shred of evidence" that any "class member has suffered any damage at all" from alleged breach of contract, privacy and unfair competition violations associated with Google's purported use of and sharing of their personally identifiable information (PII) (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

    Mealey's IP/Tech - Google Seeks To Compel Studios' Discovery Responses In Suit With Mississippi AG

    NEW YORK - Google Inc. moved in New York federal court on June 1, seeking to compel three movie studios to comply with discovery subpoenas served on them in a lawsuit in Mississippi federal court in which Google asserts constitutional violations in Mississippi Attorney General Jim Hood's investigation of it under the Mississippi Consumer Protection Act (MCPA) (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).

    Mealey's IP/Tech - Judge Excludes Testimony By Damages Expert In Suit Over Bra Patents

    FORT MYERS, Fla. - A Florida federal judge on June 3 limited the testimony of a damages expert in a patent dispute, directed the expert to file an amended total royalty analysis and questioned the expert's qualifications, reserving ruling on whether he is qualified until he is questioned at trial (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 71716).

    Mealey's IP/Tech - Federal Judge: Facts Issues Preclude Summary Judgment As To The Estoppel Theory

    TAMPA, Fla. - A Florida federal judge on June 1 held that there are material issues of fact to be determined by a trier of fact regarding whether an insurer is estopped from denying coverage for underlying copyright infringement claims brought against a designer of pre-drawn home plans (State National Insurance Company Inc. v. Highland Holdings Inc., et al., No. 8:14-cv-00524, M.D. Fla.; 2015 U.S. Dist. LEXIS 70616).

    Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Petition To Cancel Trademark

    WASHINGTON, D.C. - Finding no error in a rejection by the Trademark Trial and Appeal Board (TTAB) of a petition to cancel the "Colorworx" trademark, the Federal Circuit U.S. Court of Appeals on June 3 affirmed (Joel Beling v. Ennis Inc., No. 15-1157, Fed. Cir.).