LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Partly Affirms JMOL Holdings In Patent Dispute

    WASHINGTON, D.C. - A Florida federal judge's decision to grant Qualcomm Inc. judgment as a matter of law (JMOL) that it did not infringe four patents was affirmed by the Federal Circuit U.S. Court of Appeals on July 31 (ParkerVision Inc. v. Qualcomm Inc., Nos. 14-1612, -1655, Fed. Cir.).

    Mealey's IP/Tech - False Advertising Holding, Disgorged Profits Affirmed By 10th Circuit

    DENVER - The 10th Circuit U.S. Court of Appeals on July 31 agreed with a Colorado federal judge that a defendant's online statements about a competitor amounted to false advertising under Section 1125(a) of the Lanham Act (General Steel Domestic Sales LLC d/b/a General Steel Corp. v. Ethan Daniel Chumley and Atlantic Building Systems LLC d/b/a Armstrong Steel Corp., Nos. 14-1119 and 14-1121, 10th Cir.; 2015 U.S. App. LEXIS 13356).

    Mealey's IP/Tech - Denial Of Attorney Fees In Patent Case Reversed By Federal Circuit

    WASHINGTON, D.C. - A Delaware federal judge's decision to deny Newegg Inc. the attorney fees it incurred in defending patent infringement allegations was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 31 (Pragmatus Telecom LLC v. Newegg Inc., No. 14-1777, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Rejects Antitrust, Lanham Act Claims Against ICANN

    SAN FRANCISCO - Allegations that the Internet Corporation for Assigned Names and Numbers (ICANN) violates the Sherman Act by monopolizing the market for top-level domains (TLDs) like ".com" and ".net" were properly dismissed, the Ninth Circuit U.S. Court of Appeals ruled July 31 (name.space Inc. v. Internet Corporation for Assigned Names and Numbers, No. 13-55553, 9th Cir.; 2015 U.S. App. LEXIS 13360).

    Mealey's IP/Tech - Google's Subpoena On Movie Studios In Suit Against AG Transferred To Mississippi

    NEW YORK - A New York federal judge on July 29 granted a motion by Google Inc. to transfer its motion to compel discovery responses from three movie studios to a Mississippi federal court, which is the venue for Google's underlying lawsuit against that state's attorney general, Jim Hood (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).

    Mealey's IP/Tech - New York Federal Judge Won't Stay Arbitration Order In Patent Case

    NEW YORK - A July 2014 dismissal of a declaratory judgment patent case in light of a finding that arbitration is compelled by the terms of a patent license agreement (PLA) will not be stayed pending appeal to the Second Circuit U.S. Court of Appeals, a New York federal judge ruled July 29 (LG Electronics Inc. et al. v. Wi-LAN USA Inc. et al., No. 13-2237, S.D. N.Y.; 2015 U.S. Dist. LEXIS 98873).

    Mealey's IP/Tech - 9th Circuit Reverses, Says Photo Agency Has Standing In Copyright Case

    SAN FRANCISCO - A California federal judge erred in holding that a licensing agent for photographers lacks statutory standing under the Copyright Act to sue textbook publisher John Wiley & Sons Inc. for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled July 29 (Minden Pictures Inc. v. John Wiley & Sons Inc., No. 14-15267, 9th Cir.; 2015 U.S. App. LEXIS 13197).

    Mealey's IP/Tech - Federal Circuit Affirms Denial Of Stay For Apple, Reverses For Samsung

    WASHINGTON, D.C. - A Texas federal judge's order denying motions by various defendants to stay patent infringement litigation pending the outcome of a covered business method (CBM) review was partly affirmed July 30 by the Federal Circuit U.S. Court of Appeals (Smartflash LLC et al. v. Apple Inc., No. 15-1701; Smartflash LLC et al. v. Samsung Electronics Co. Ltd. et al., No. 15-1707, Fed. Cir.).

    Mealey's IP/Tech - Nevada Federal Judge Won't Transfer Patent Case To Ohio Court

    LAS VEGAS - Efforts by a Nevada patent infringement defendant to obtain dismissal or, in the alternative, transfer of the case to the U.S. District Court for the Northern District of Ohio were unsuccessful on July 28 (Computerized Screening Inc. v. Healthspot Inc., No. 14-573, D. Nev.; 2015 U.S. Dist. LEXIS 98331).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Relief In False Advertising Case

    PHILADELPHIA - A false advertising dispute between two processed meat product makers will proceed in Pennsylvania federal court, but without injunctive relief in place, a federal judge ruled July 28 (Parks LLC v. Tyson Foods Inc. et al., No. 15-946, E.D. Pa.; 2015 U.S. Dist. LEXIS 98008).

    Mealey's IP/Tech - Federal Circuit: No Error In Dismissal Of Patent Case On Jurisdiction Grounds

    WASHINGTON, D.C. - A California federal judge did not err in finding that a cease-and-desist letter that demands an end to purported patent infringement is insufficient to confer general personal jurisdiction over the sender, the Federal Circuit U.S. Court of Appeals ruled July 28 (Petzilla Inc. v. Anser Innovation LLC, No. 15-1104, Fed. Cir.).

    Mealey's IP/Tech - Texas Federal Judge Sides With Copyright, Trademark Plaintiff

    DALLAS - A plaintiff seeking a declaration of invalidity and noninfringement of various copyrights, trademarks and trade dress rights asserted in connection with "replica bullets" prevailed July 27 in Texas federal court (Provident Precious Metals LLC v. Northwest Territorial Mint LLC, No. 13-2942, N.D. Texas.; 2015 U.S. Dist. LEXIS 97338).

    Mealey's IP/Tech - Judge Finds Internet Rebroadcaster May Be Entitled To Compulsory License

    LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second Circuit U.S. Court of Appeals ruling on the topic (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 2:12-cv-06921, and NBCUniversal Media LLC, et al. v. FilmOn X LLC, et al., No. 2:12-cv-06950, C.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Reverses, Remands Judgment Of Patent Invalidity

    WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant judgment as a matter of law that various claims of three patents are invalid as obvious was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 28 (Circuit Check Inc. v. QXQ Inc., No. 15-1155, Fed. Cir.).

    Mealey's IP/Tech - New Jersey Federal Judge Sides With TD Bank In Copyright Case

    TRENTON, N.J. - A declaratory judgment counterclaim seeking a declaration of copyright co-ownership was rejected July 27 by a New Jersey federal judge, who instead granted plaintiff TD Bank N.A. summary judgment on its allegation of copyright infringement by a former CEO (TD Bank N.A. v. Vernon W. Hill II, No. 12-7188, D. N.J.; 2015 U.S. Dist. LEXIS 97409).

    Mealey's IP/Tech - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

    PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.).

    Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Copyright Claim On Different Grounds

    NEW YORK - A New York federal judge's decision to dismiss copyright infringement allegations surrounding a software license agreement (SLA) and master services agreement (MSA) was affirmed July 27 by the Second Circuit U.S. Court of Appeals, albeit on different grounds (The AStar Group Inc. v. Manitoba Hydro, et al., No. 14-2882, 2nd Cir.; 2015 U.S. App. LEXIS 12920).

    Mealey's IP/Tech - Texas Judge Dismisses Copyright Dispute Between Homebuilders

    HOUSTON - A copyright infringement defendant was awarded summary judgment on July 24 by a Texas federal judge on grounds that plaintiff Lennar Homes of Texas Sales and Marketing Ltd. cannot prove that defendant Perry Homes LLC "copied any protectable aspects of" two contested townhome designs (Lennar Homes of Texas Sales and Marketing Ltd. v. Perry Homes LLC, No. 14-1094, S.D. Texas; 2015 U.S. Dist. LEXIS 96645).

    Mealey's IP/Tech - 9th Circuit Partly Affirms, Reverses In Copyright, Trademark Case

    SAN FRANCISCO - An Arizona federal judge "clearly erred" by issuing a final judgment in a copyright and trademark infringement action that failed to address the issue of copyright damages, the Ninth Circuit U.S. Court of Appeals ruled July 23 (Scott Bizar v. Jeffrey Dee and Jack Herman, Nos. 12-17826, 13-15361, 9th Cir.; 2015 U.S. App. LEXIS 12739).

    Mealey's IP/Tech - Facebook Could Not Oppose Warrants Seeking Information On Its Users, Panel Rules

    NEW YORK - A trial court properly denied a motion by Facebook Inc. to quash warrants served on certain Facebook users, a New York appellate panel ruled July 21, find that "there is no constitutional or statutory right to challenge an alleged defective warrant before it is executed" (Facebook Inc. v. New York County District Attorney's Office, No. 30207/13 and 30178/14, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 6067).

    Mealey's IP/Tech - Magistrate: Discovery From Irish Facebook Affiliate Not Merited In Privacy Suit

    OAKLAND, Calif. - The plaintiffs in a putative class action alleging privacy violations by Facebook Inc.'s purported scanning of users' private messages are not permitted to compel materials from the social network's Irish affiliate, a California federal magistrate ruled July 21, finding that considerations of international comity weighed against such discovery (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2015 U.S. Dist. LEXIS 95702).

    Mealey's IP/Tech - Judge Asks Parties To Submit More Details On Sealable Information

    SAN JOSE, Calif. - After finding that parties need to provide additional information on a request to seal certain information, including a request for international arbitration, pursuant to local rules, a California federal judge on July 22 ordered a company to submit a declaration showing that parts of the motion to seal that it seeks to redact are sealable (Baysand Inc. v. Toshiba Corp., No. 15-cv-02425, N.D. Calif.; 2015 U.S. Dist. LEXIS 95724).

    Mealey's IP/Tech - Yahoo Seeks Sanctions For Firm's Repeated Disclosure Of Confidential Information

    DALLAS - A promotional firm's failure to seal a summary judgment motion, which contained confidential information, is an example of its "pattern of blatantly violating confidentiality agreements," Yahoo Inc. said in a July 22 motion for sanctions in a contract and trade secrets lawsuit related to an online basketball tournament contest (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

    Mealey's IP/Tech - Federal Circuit Grants Mandamus Petition In Underlying Patent Case

    WASHINGTON, D.C. - Two petitioners won mandamus on July 22 from a New Jersey federal judge's modified protective order that would allow courts in Korea and Japan access to proprietary information gleaned from an American patent infringement lawsuit, in what the Federal Circuit U.S. Court of Appeals deemed a case of first impression (In re: POSCO, No. 15-112, Fed. Cir.).

    Mealey's IP/Tech - New Jersey Federal Judge Won't Reconsider Rulings In Copyright Case

    TRENTON, N.J. - Deeming the efforts by several copyright infringement defendants to persuade him to revisit his May 2015 denial of summary judgment "a textbook example of everything a reconsideration motion should not be," U.S. Judge Kevin McNulty of the District of New Jersey on July 21 denied the request (Hanover Architectural Service P.A. v. Christian Testimony-Morris N.P., et al., No. 10-5455, D. N.J.; 2015 U.S. Dist. LEXIS 94916).