LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Judge Sides With Trademark Plaintiff Following Bench Trial

    ATLANTA - A dispute over the "SCAR" and "SCAR-Stock" trademarks, as they are used in the firearms industry, was resolved Aug. 20 by a Georgia federal judge in favor of a Belgium-based weapons manufacturer (FN Herstal S.A. v. Clyde Armory Inc., No. 12-102, M.D. Ga.; 2015 U.S. Dist. LEXIS 109993).

    Mealey's IP/Tech - Wisconsin Federal Judge Partly Grants Motion to Compel In Patent Case

    MADISON, Wis. - Efforts by the Wisconsin Alumni Research Foundation (WARF) to depose in-house counsel for Apple Inc. and to force Apple's production of certain privileged documents in a patent case were partly granted by a Wisconsin federal judge on Aug. 20 (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.; 2015 U.S. Dist. LEXIS 110059).

    Mealey's IP/Tech - Oregon Federal Judge Adopts Invalidity Opinion From Related Case

    PORTLAND, Ore. - An Oregon federal judge's findings that two method patents are invalid under Section 101 of the Patent Act is preclusive in a related action, he ruled Aug. 19 (Tranxition Inc. v. Novell Inc., No. 12-1404, D. Ore.; 2015 U.S. Dist. LEXIS 109273).

    Mealey's IP/Tech - Likelihood-Of-Confusion Analysis Was Improper, Federal Circuit Says

    WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed "nonhuman paw print" mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports S.L.U., No. 14-1789, Fed. Cir.).

    Mealey's IP/Tech - Divided 6th Circuit Reverses In Cheerleading Uniform Copyright Case

    CINCINNATI - Applying a "hybrid approach" to the question of conceptual separability, the Sixth Circuit U.S. Court of Appeals on Aug. 19 reversed a Tennessee federal judge's grant of summary judgment on behalf of a copyright infringement defendant (Varsity Brands Inc., et al. v. Star Athletica LLC, No. 14-5237, 6th Cir.; 2015 U.S. App. LEXIS 14522).

    Mealey's IP/Tech - Laptop Evidence Suppression Leads To Dismissal Of Claims Against Korean Man

    WASHINGTON, D.C. - Following a ruling that the U.S. Department of Homeland Security (DHS) improperly obtained evidence from a Korean businessman's laptop without a search warrant, a District of Columbia federal judge on Aug. 18 granted the government's motion to dismiss its indictment against him (United States of America v. Jae Shik Kim, et al., No. 1:13-cr-00100, D. D.C.).

    Mealey's IP/Tech - Yelp Contributors' FLSA Class Complaint Dismissed By California Federal Judge

    SAN FRANCISCO - Finding that a group of contributors to Yelp Inc.'s website were volunteers, not employees, a California federal judge on Aug. 13 granted Yelp's motion to dismiss their putative class action alleging violations of the Fair Labor Standards Act (FLSA) (Lily Jeung, et al. v. Yelp Inc., No. 3:15-cv-02228, N.D. Calif.; 2015 U.S. Dist. LEXIS 107427).

    Mealey's IP/Tech - Groupon Found Not Liable For Contractor's Subpar Vent Cleaning

    SAN JOSE, Calif. - A contractor's poor job cleaning the air ducts of two California homeowners cannot support their common-law negligence and emotional distress claims against Groupon Inc., a California federal judge ruled Aug. 14, finding that the allegedly negligent actions were not related to the deal purchased from Groupon (William Mosley, et al. v. Groupon Inc. et al., No. 15-cv-01205, N.D. Calif.).

    Mealey's IP/Tech - Google Wins Transfer Of Trademark Claims To California Court

    TRENTON, N.J. - A forum selection clause for Google Play requiring that all disputes be resolved in California led a New Jersey federal judge on Aug. 13 to transfer allegations of contributory trademark infringement and tortious interference with prospective economic advantage there (Spy Phone Labs LLC v. Google Inc. et al., No. 14-6565, D. N.J.; 2015 U.S. Dist. LEXIS 106365).

    Mealey's IP/Tech - Costs Awarded, Attorney Fees Denied In Texas Patent Case

    MARSHALL, Texas - A request for attorney fees was denied Aug. 17 by a federal judge in Texas, who found that although a patent infringement defendant qualifies as the prevailing party, the case itself does not qualify as exceptional (Trover Group Inc., et al. v. Dedicated Micros USA Inc., et al., No. 13-1047, E.D. Texas; 2015 U.S. Dist. LEXIS 107733).

    Mealey's IP/Tech - Federal Circuit Dismisses Cross-Appeal Of Patent Claim Construction

    WASHINGTON, D.C. - Efforts by a patent owner to overturn a Delaware federal judge's construction of a disputed claim term in two search results patents were unsuccessful Aug. 18, when the Federal Circuit U.S. Court of Appeals dismissed the appeal on grounds that it lacks jurisdiction (Personalized User Model LLP and Yochai Konig v. Google Inc., Nos. 14-1841 and 15-1022, Fed Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Summary Judgment Of Noninfringement

    WASHINGTON, D.C. - A California federal judge did not err in rejecting a theory of patent infringement advanced by JVC Kenwood Corp. (JVC), whereby a defendant's sale of software to end users of DVD and Blu-ray discs that allegedly infringed various patents rendered the defendant liable for contributory and induced infringement, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (JVC Kenwood Corporation v. Nero Inc., No. 14-1011, Fed. Cir.).

    Mealey's IP/Tech - School's Cybersquatting Suit Against India Resident May Proceed, Judge Rules

    SAN FRANCISCO - A man who allegedly ran hundreds of websites that infringed the trademarks of a university for the purpose of selling unauthorized course materials failed to establish that the exercise of jurisdiction over him, despite being located in India, would violate due process, a California federal judge ruled Aug. 13, denying his motion to dismiss (Apollo Education Group Inc., et al. v. Vivek Somani, No. 3:15-cv-01056, N.D. Calif.; 2015 U.S. Dist. LEXIS 107439).

    Mealey's IP/Tech - Denial Of Motion To Amend Patent Claims Reversed, Remanded By Federal Circuit

    WASHINGTON, D.C. - Although affirming Aug. 13 that a Texas federal judge properly determined that a patent infringement plaintiff had standing, the Federal Circuit U.S. Court of Appeals found that it remains unclear whether the judge abused his discretion in denying the same plaintiff leave to amend its infringement contentions against myriad defendants (Keranos LLC, et al. v. Silicon Storage Technology Inc., et al., Nos. 14-1360, -1500, Fed. Cir.; 2015 U.S. App. LEXIS 14176).

    Mealey's IP/Tech - Federal Circuit Affirms Refusal To Register Mark

    WASHINGTON, D.C. - Substantial evidence supports findings by the Trademark Trial and Appeal Board that the term "Fish Fry Products" has not acquired distinctiveness for trademark applicant Louisiana Fish Fry Products Ltd., the Federal Circuit U.S. Court of Appeals ruled Aug. 14 (In re: Louisiana Fish Fry Products Ltd., No. 13-1619, Fed. Cir.).

    Mealey's IP/Tech - 9th Circuit Denies Yahoo's Appeal Of Class Certification In Email Privacy Suit

    SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 11 denied Yahoo Inc's petition for permission to appeal a trial court's grant of class certification in a lawsuit alleging violation of the Stored Communications Act (SCA) by Yahoo's scanning of the emails of people who are not subscribers of its Yahoo Mail service (Cody Baker v. Yahoo! Inc., No. 15-80101, 9th Cir.).

    Mealey's IP/Tech - En Banc Federal Circuit Sets Forth Divided Infringement Criteria

    WASHINGTON, D.C. - On remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Aug. 13 reinstated a verdict of patent infringement after finding that the jury heard "substantial evidence from which it could find that" defendant Limelight Networks Inc. "directs or controls its customers' performance of each . . . method step, such that all steps of the method are attributable to Limelight" (Akamai Technologies Inc. et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 14175).

    Mealey's IP/Tech - Federal Circuit Reverses, Remands Preliminary Injunction In Patent Case

    WASHINGTON, D.C. - A North Carolina federal judge's decision to preliminarily enjoin LG Chem America Inc. from making or selling allegedly infringing battery separator products was reversed and remanded Aug. 12 by the Federal Circuit U.S. Court of Appeals (Celgard LLC v. LG Chem America Inc., No. 14-1675, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Vacates, Remands Rejection Of Patent Claims

    WASHINGTON, D.C. - A decision by the Board of Patent Appeals and Interferences, which affirmed an examiner's rejection of four claims of an electromagnetic interference reduction patent, was erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 12 (Power Integrations Inc. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 14-1123, Fed. Cir.).

    Mealey's IP/Tech - Florida Federal Judge Invalidates Financial Patents Under Section 101

    JACKSONVILLE, Fla. - A patent infringement defendant won summary judgment on Aug. 10, when a Florida federal judge agreed that patents asserted in the case claim ineligible subject matter in light of the U.S. Supreme Court's holdings in Mayo Collaborative Servs. v. Prometheus Labs Inc. (132 S. Ct. 1289 [2012]) and Alice Corp. Pty. Ltd. v. CLS Bank International (134 S. Ct. 2357 [2014]) (Joao Bock Transaction Systems LLC v. Fidelity National Information Services Inc., No. 13-223, M.D. Fla.; 2015 U.S. Dist. LEXIS 104519).

    Mealey's IP/Tech - 3rd Circuit Affirms Summary Judgment In Trademark, Contract Case

    PHILADELPHIA - A Delaware federal judge did not err in rejecting on summary judgment a complaint that sought a declaration of trademark rights, the Third Circuit U.S. Court of Appeals ruled Aug. 11 (Benihana of Tokyo Inc. v. Benihana Inc., No. 14-3683, 3rd Cir.; 2015 U.S. App. LEXIS 14028).

    Mealey's IP/Tech - D.C. Circuit Turns Back Challenge To Makeup Of Copyright Royalty Board

    WASHINGTON, D.C. - Minimum royalty rates of $500 for commercial and noncommercial webcasting set by the Copyright Royalty Board will stand, the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 11, rejecting challenges to the merits of the determination, as well as the makeup of the board (Intercollegiate Broadcasting System Inc. v. Copyright Royalty Board and Librarian of Congress, No. 14-1068, D.C. Cir.; 2015 U.S. App. LEXIS 14015).

    Mealey's IP/Tech - Delaware Federal Judge Tosses Verdict That Comcast Infringed Sprint Patents

    WILMINGTON, Del. - Comcast IP Holdings LLC on Aug. 7 won judgment as a matter of law (JMOL) by U.S. Judge Richard G. Andrews of the District of Delaware that it did not infringe two Sprint Communications Co. LP patents relating to "stacking" Synchronous Optical Network (SONET) systems (Sprint Communications Company LP v. Comcast IP Holdings LLC, No. 12-1013, D. Del.; 2015 U.S. Dist. LEXIS 103706).

    Mealey's IP/Tech - Antitrust Counterclaim Survives Dismissal In Arizona Copyright Case

    PHOENIX - A dispute over intellectual property covering low-priced, ornamental jewelry will proceed with an antitrust counterclaim in place, thanks to an Aug. 7 ruling by an Arizona federal judge (Origami Owl LLC v. West Coast Charms LLC et al., No. 15-110, D. Ariz.; 2015 U.S. Dist. LEXIS 103755).

    Mealey's IP/Tech - Delaware Federal Judge Sides With Amazon, Says Patents Are Ineligible

    WILMINGTON, Del. - Allegations that Amazon.com Inc. and Amazon Web Services LLC (Amazon, collectively) infringed seven electronic media signal processing patents were rejected by U.S. Judge Richard G. Andrews of the District of Delaware on Aug. 10 (Personalized Media Communications LLC v. Amazon.com Inc., et al., No. 13-1608, D. Del.).