LexisNexis® Legal Newsroom
    Mealey's IP/Tech - U.S. High Court Will Consider Jurisdictional Debate In Xbox Suit

    WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 15 granted a petition for writ of certiorari filed in a suit accusing Microsoft Corp. of a selling defective Xbox consoles but limited the appeal and agreed to consider only if a federal appellate court has jurisdiction under Article III of the U.S. Constitution and 28 U.S. Code Section 1291 to review an order denying class certification after the named plaintiffs have voluntarily dismissed their individual claims with prejudice (Microsoft Corporation v. Seth Baker, et al., No. 15-457, U.S. Sup.; 2016 U.S. LEXIS 637).

    Mealey's IP/Tech - GPS App Firm Realleges Copyright, Conversion Claims Against Google, Waze

    SAN FRANCISCO - A month after seeing its copyright infringement claim dismissed, the creator of the PhantomALERT smart phone and global positioning system (GPS) device applications on Jan. 13 filed an amended complaint in California federal court, once again alleging that a rival company copied its proprietary database (PhantomALERT Inc. v. Google Inc., et al., No. 3:15-cv-03986, N.D. Calif.).

    Mealey's IP/Tech - Supreme Court Vacates, Remands Patent Dispute Under Commil

    WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 19 vacated and remanded a March 2015 decision by the Federal Circuit U.S. Court of Appeals, which ordered a new damages trial in a patent infringement case (Medtronic Sofamor Danek USA Inc., et al. v. NuVasive Inc., No. 15-85, U.S. Sup.).

    Mealey's IP/Tech - Terror Attack Widow Accuses Twitter Of Anti-Terrorism Violations

    OAKLAND, Calif. - In a complaint filed Jan. 13 in California federal court, the widow of a man killed in a November terror attack in Jordan accused Twitter Inc. of two violations of federal anti-terrorism laws by "knowingly permitt[ing] the terrorist group ISIS [the Islamic State of Iraq and Syria] to use its social network as a tool for spreading extremist propaganda," which she says "has enabled it to carry out numerous terrorist attacks" (Tamara Fields v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).

    Mealey's IP/Tech - Supreme Court Will Hear Copyright Dispute Over Attorney Fees

    WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 15 granted certiorari in a longstanding dispute over the proper standard for an award of attorney fees under the Copyright Act (Supap Kirtsaeng, d/b/a Bluechristine99 v. John Wiley & Sons, Inc., No. 15-375, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Grants Petition In Dispute Over Inter Partes Patent Review

    WASHINGTON, D.C. - In what has become a hotly contested issue before the Federal Circuit U.S. Court of Appeals, the U.S. Supreme Court on Jan. 15 granted a petition for certiorari in a dispute that poses the question of whether decisions to grant inter partes review (IPR) are themselves reviewable (Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446, U.S. Sup.).

    Mealey's IP/Tech - Fact Issues Preclude Summary Judgment On Part Of Bad Faith Claim, Judge Says

    SALT LAKE CITY - A Utah federal judge on Jan. 12 granted in part and denied in part an insurer's motion for summary judgment in a coverage dispute over claims that the insured failed to properly turn over certain member account data to L.A. Fitness pursuant to an asset purchase agreement, allowing an aspect of the bad faith claim to proceed (Travelers Property Casualty Company of America, et al. v. Federal Recovery Services Inc., et al., No. 14-170, D. Utah; 2016 U.S. Dist. LEXIS 4347).

    Mealey's IP/Tech - California Judge Dismisses Copyright Claims, But Grants Leave to Amend

    SAN FRANCISCO - Although finding that portions of a plaintiff's hypertext markup language (HTML) code meet the requisite level of creativity to be copyrightable, a California federal judge on Jan. 12 nonetheless granted dismissal of an infringement complaint (Media.net Advertising FZ-LLC v. Netseer Inc., No. 14-3883, N.D. Calif.; 2016 U.S. Dist. LEXIS 3784).

    Mealey's IP/Tech - California Panel Finds Landlord's Postings About Tenant Were Not Defamation

    LOS ANGELES - Reversing a trial court's ruling, a California appeals panel on Jan. 11 found that a landlord's postings on a consumer complaint website about her former tenant's character were substantially true, meriting dismissal of his defamation complaint under California's strategic lawsuit against public participation (anti-SLAPP) statute (David Ware v. Sharon Tydell, No. B262116, Calif. App., 2nd Dist.; 2016 Cal. App. Unpub. LEXIS 171).

    Mealey's IP/Tech - Federal Judge Stays Patent Dispute Pending Federal Circuit Ruling

    TRENTON, N.J. - Citing the "present uncertainty of the law" regarding whether compliance with a state's corporate registration statute constitutes consent to jurisdiction, a New Jersey federal judge on Jan. 12 stayed a patent infringement case pending the outcome of AstraZeneca AB v. Aurobindo Pharma Ltd. (No. 14-664, D. Del., Dec. 17, 2014) by the Federal Circuit U.S. Court of Appeals (Takeda GmbH, et al. v. Mylan Pharmaceuticals Inc., No. 15-3384, D. N.J.; 2016 U.S. Dist. LEXIS 3490).

    Mealey's IP/Tech - Starbucks Wins Dismissal Of New York Copyright Litigation

    NEW YORK - Allegations of copyright infringement against Starbucks Corp. and a co-defendant in connection with an advertising campaign for Starbucks' "Frappuccino" product were dismissed by a New York federal judge on Jan. 12 (Maya Hayuk v. Starbucks Corporation, et al., No. 15-4887, S.D. N.Y.; 2016 U.S. Dist. LEXIS 3493).

    Mealey's IP/Tech - Federal Circuit: Panel That Institutes Patent Review Can Decide Validity

    WASHINGTON, D.C. - Neither 35 U.S. Code Section 314 nor the U.S. Constitution stands as a bar to the practice by the U.S. Patent and Trademark Office Patent Trial and Appeals Board of allowing panels that institute inter partes review (IPR) from later deciding the question of patent validity, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 13 (Ethicon Endo-Surgery Inc. v. Covidien LP, No. 14-1771, Fed. Cir.).

    Mealey's IP/Tech - 6th Circuit Affirms Injunction Against Flynt Brother In Trademark Case

    CINCINNATI - An Ohio federal judge's permanent injunction barring Jimmy Flynt - brother of Hustler magazine founder Larry Flynt - from using "Flynt" in any context other than that of his full name was affirmed by the Sixth Circuit U.S. Court of Appeals on Jan. 13 (L.F.P. IP LLC, et al. v. Hustler Cincinnati Inc., et al., No. 15-3135, 6th Cir.; 2016 U.S. App. LEXIS 492).

    Mealey's IP/Tech - Insurer Has No Duty To Defend, Indemnify Patent Dispute, 9th Circuit Affirms

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 8 affirmed a lower federal court's ruling that an insurer has no duty to defend or indemnify its insured against counterclaims in an underlying patent infringement dispute (Travelers Property Casualty Company of America v. KFx Medical Corporation, No. 13-17301, 9th Cir.).

    Mealey's IP/Tech - Plaintiffs Move For Approval Of Settlement In Yahoo Mail-Scanning Class Action

    SAN JOSE, Calif. - A group of email users that asserted privacy violations against Yahoo Inc. filed a motion in California federal court Jan. 7, seeking preliminary approval of a settlement of their class action, voicing their satisfaction with Yahoo's agreement to change the manner in which it will "process all incoming and outgoing email" to a way that complies with the California Invasion of Privacy Act (***) (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.).

    Mealey's IP/Tech - New York Federal Judge Denies Restraining Order In False Advertising Case

    UTICA, N.Y. - A Lanham Act dispute between yogurt makers will proceed without a temporary restraining order (TRO) in place, thanks to a Jan. 11 ruling by a New York federal judge (Chobani LLC v. The Dannon Company Inc., No. 16-30, N.D. N.Y.; 2016 U.S. Dist. LEXIS 2793).

    Mealey's IP/Tech - Judgment On The Pleadings Denied In Texas Patent Litigation

    SHERMAN, Texas - Efforts by three patent infringement defendants to invalidate a patent pursuant to 35 U.S. Code Section 101 were unsuccessful on Jan. 11 when a Texas federal judge denied their motion for judgment on the pleadings (Motio Inc. v. BSP Software LLC, et al., No. 12-647, E.D. Texas; 2016 U.S. Dist. LEXIS 2686).

    Mealey's IP/Tech - Judge Allows Partial Expert Testimony Over Alleged Breach Of Licensing Agreement

    DENVER - A Colorado federal judge on Jan. 8 granted in part and denied in part motions to exclude a flow cytometry and cell structure expert and a damages and valuation expert from testifying on an alleged breach of a licensing agreement (XY, LLC v. Trans Ova Genetics, LC, No. 13-0876, D. Colo.; 2016 U.S. Dist. LEXIS 2269).

    Mealey's IP/Tech - Illinois Federal Judge Clears Path For Sale Of Generic Drug

    CHICAGO - A generic drug manufacturer won a declaratory judgment of noninfringement on Jan. 8 with regard to a patent covering olmesartan medxoxomil, in a decision that will effect two cases (Apotex Inc. v. Daiichi Sankyo Inc. et al., Nos. 12-9295, 15-3695, N.D. Ill.; 2016 U.S. Dist. LEXIS 2126).

    Mealey's IP/Tech - 2nd Circuit Affirms Summary Judgment In Lanham Act Dispute

    NEW YORK - Allegations that McGraw-Hill Cos. Inc. committed false advertising by making misleading comparisons between the quantity of construction project data offered by itself and a plaintiff were properly rejected on summary judgment, the Second Circuit U.S. Court of Appeals ruled Jan. 8 (Reed Construction Data Inc. v. McGraw-Hill Companies Inc., No. 14-4022, 2nd Cir.; 2016 U.S. App. LEXIS 111).

    Mealey's IP/Tech - Virginia Federal Judge Denies Dismissal Of Copyright, Trademark Claims

    NEWPORT NEWS, Va. - An intellectual property dispute between a tax preparation firm and its former employee will proceed, a Virginia federal judge ruled Jan. 5 (Tax International LLC v. Rasheme Kilburn et al., No. 15-23, E.D. Va.; 2016 U.S. Dist. LEXIS 1416).

    Mealey's IP/Tech - Delaware Federal Judge Rejects Willful Patent Infringement Claim

    WILMINGTON, Del. - Citing an absence of evidence relating to presuit knowledge or conduct that would establish objective recklessness, a Delaware federal judge on Jan. 6 granted a defense motion for summary judgment with regard to patent infringement damages (M2M Solutions LLC v. Telit Communications PLC, et al., No. 12-33, D. Del.; 2016 U.S. Dist. LEXIS 872).

    Mealey's IP/Tech - Federal Circuit Sides With Apple, Reverses Patent Validity Holding

    WASHINGTON, D.C. - A Texas federal judge properly denied a patent plaintiff a new trial on allegations that Apple Inc. infringed, the Federal Circuit U.S. Court of Appeals ruled Jan. 8 (Wi-LAN Inc. v. Apple Inc., Nos. 14-1437, -1485, Fed. Cir.).

    Mealey's IP/Tech - Federal Judge Awards Attorney Fees In Copyright Litigation

    HOUSTON - Citing the "objectively unreasonable nature" of "some or all" of a plaintiff's copyright infringement allegations, a Texas federal judge on Jan. 4 awarded a prevailing defendant $132,888 in attorney fees (Geophysical Services Incorporated v. TGS-Nopec Geophysical Services, No. 14-1368, S.D. Texas; 2016 U.S. Dist. LEXIS 150).

    Mealey's IP/Tech - 8th Circuit Affirms Default Judgment Award In Trademark Case

    ST. LOUIS - A Nebraska federal judge did not abuse his discretion in awarding a prevailing trademark infringement plaintiff $913,099 in default judgment damages following his entry of a separate default judgment as a sanction for discovery abuses, the Eighth Circuit U.S. Court of Appeals affirmed Jan. 6 (Peter Kiewit Sons' Inc. v. Wall Street Equity Group Inc., et al., No. 14-3461, 8th Cir.; 2016 U.S. App. LEXIS 52).