LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Partly Affirms, Reverses Fee Award In Patent Case

    WASHINGTON, D.C. - Although finding no error in a New York federal judge's decision to deem a patent infringement case exceptional, the Federal Circuit U.S. Court of Appeals on Jan. 22 found that the judge failed to properly justify the manner in which her award of attorney fees was calculated (Lumen View Technology Inc. v. FindTheBest.com Inc., Nos. 15-1275, -1235, Fed. Cir.; 2016 U.S. App. LEXIS 1087).

    Mealey's IP/Tech - High Court Upholds Evidence Sufficiency Of Computer Fraud Statute Conviction

    WASHINGTON, D.C. - A trial court's judgment of a defendant under the Computer Fraud and Abuse Act (CFAA) was sufficiently supported by the evidence despite an erroneous jury instruction, the U.S. Supreme Court ruled Jan. 25, affirming the Fifth Circuit U.S. Court of Appeals' rejection of the defendant's challenges to the sufficiency of the evidence and under the statute of limitations (Michael Musacchio v. United States of America, No. 14-1095, U.S. Sup.).

    Mealey's IP/Tech - New York Judge: Motion for Contempt Survives in Trademark Case

    NEW YORK - Efforts by United States Polo Association Inc. and USPA Properties Inc. (USPA, collectively) to deny a contempt application filed by a longtime legal adversary failed Jan. 21, when a New York federal judge rejected the request (United States Polo Association Inc., et al. v. PRL USA Holdings Inc., et al., No. 09-9476, S.D. N.Y.).

    Mealey's IP/Tech - Judge Declines Does' Motions To Quash Discovery In File-Sharing Lawsuit

    CHICAGO - An Illinois federal judge on Jan. 15 denied two Doe defendants' motions to quash a copyright holder's subpoenas to discover their identities, finding no merit to the Does' arguments alleging misjoinder and free speech right violations (Cobbler Nevada LLC v. Does 1-28, No.1:15-cv-07538, N.D. Ill.; 2016 U.S. Dist. LEXIS 5623).

    Mealey's IP/Tech - Supreme Court Denies Review of Patent Case Jurisdiction Dispute

    WASHINGTON, D.C. - In the Jan. 19 orders list, the U.S. Supreme Court revealed it will not review a 2015 ruling by the Federal Circuit U.S. Court of Appeals that reversed a Florida federal judge's denial of a motion to dismiss patent infringement allegations (Alps South LLC v. The Ohio Willow Wood Co., No. 15-567, U.S. Sup.).

    Mealey's IP/Tech - University Of Michigan Wins Dismissal Of Copyright Complaint

    CINCINNATI - Allegations that the Regents of the University of Michigan infringed upon a copyrighted mnemonic model were dismissed Jan. 19 by an Ohio federal judge on grounds of sovereign immunity (Josepha A. Campinha-Bacote v. Regents of the University of Michigan, et al., No. 15-330, S.D. Ohio.; 2016 U.S. Dist. LEXIS 5958).

    Mealey's IP/Tech - New York Federal Judge Dismisses Trademark, Unfair Competition Case

    NEW YORK - Citing "unequivocal" evidence that a trademark infringement plaintiff does not own the trademarks it has asserted, a New York federal judge on Jan. 15 dismissed the action pursuant to Federal Rule of Civil Procedure 12(b)(6) (CCR International Inc. v. Elias Group LLC, et al., No. 15-6563, S.D. N.Y.; 2016 U.S. Dist. LEXIS 5476).

    Mealey's IP/Tech - Barnes & Noble Seeks Discovery Of New York Connection In Consumer Remedies Case

    SANTA ANA, Calif. - In a Jan. 19 memorandum, Barnes & Noble Inc. (BN) asks a New York federal judge to compel the plaintiff in a consumer legal remedies lawsuit to produce responsive documents to a discovery interrogatory seeking to establish the plaintiff's claimed connection to New York under which he alleges violation of state consumer laws (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).

    Mealey's IP/Tech - Facebook Settles Class Action Over Minors' In-App Purchases

    SAN JOSE, Calif. - In a Jan. 15 consented motion for approval, the named plaintiffs in a class action against Facebook Inc. stated that the social network operator agreed to make changes to how it handles requested refunds for purchases made by minors' within applications (in-app purchases) on its social network in compliance with California law (I.B., by and through his guardian ad litem Glynnis Bohannon, et al. v. Facebook, Inc., No. 5:12-cv-01894, N.D. Calif.).

    Mealey's IP/Tech - Federal Circuit Affirms Section 101 Analysis, Says Invention Not Patentable

    WASHINGTON, D.C. - A California federal judge properly invalidated a patented computer-implemented method for assisting loan seekers under Section 101 of the Patent Act, the Federal Circuit U.S. Court of Appeals ruled Jan. 20 (Mortgage Grader Inc. v. First Choice Loan Services Inc., et al., No. 15-1415, Fed. Cir.).

    Mealey's IP/Tech - 2nd Circuit Affirms: Copyright Claims Are Time-Barred

    NEW YORK - Citing a plaintiff's failure to bring copyright infringement claims for more than three years after ownership of the work was first disputed, the Second Circuit U.S. Court of Appeals on Jan. 15 affirmed dismissal of the lawsuit (Tyrone Simmons v. William C. Stanberry Jr. aka Apex, et al., No. 14-3106, 2nd Cir.; 2016 U.S. App. LEXIS 650).

    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.).