LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Reverses Denial Of Fee Award In Patent Dispute

    WASHINGTON, D.C. - A Texas federal judge's decision to deny a prevailing patent infringement defendant an award of attorney fees was reversed July 5 by the Federal Circuit U.S. Court of Appeals (AdjustaCam LLC v. Newegg Inc., et al., No. 16-1882, Fed. Cir., 2017 U.S. App. LEXIS 11922).

    Mealey's IP/Tech - Collapsible Shoe Patent Would Have Been Obvious, New Petition Alleges

    ALEXANDRIA, Va. - In a request for inter partes review filed June 28, a patent owned by Reebok International Ltd. that discloses a collapsible shoe was accused of unpatentability pursuant to Section 103 of the Patent Act, 35 U.S.C. 103 (Elite Performance Footwear LLC v. Reebok International Ltd., No. IPR2017-01689, PTAB).

    Mealey's IP/Tech - West Virginia Man Says Arrest Over Facebook Posts Violated 1st Amendment

    WHEELING, W.Va. - In a June 30 complaint in a West Virginia federal court, a self-described political activist claims that his 2015 arrest, incarceration and prosecution over three Facebook posts violated his rights to participate in protected political speech (David Jones v. Michael S. White II, etc., No. 5:17-cv-00100, N.D. W.Va.).

    Mealey's IP/Tech - 5th Circuit Affirms: Copyright Claim Against American Girl Fails

    NEW ORLEANS - Allegations that several books in the "American Girl" series infringe the copyright of an unpublished novel were properly rejected by a Louisiana federal judge, the Fifth Circuit U.S. Court of Appeals held June 29 in a per curiam ruling (Melva Leona Vallery v. American Girl L.L.C., No. 15-30472, 5th Cir., 2017 U.S. App. LEXIS 11647).

    Mealey's IP/Tech - 8th Circuit: Arbitration Not Compelled By Prior Trademark Settlement

    ST. LOUIS - An Arkansas federal judge properly denied a motion to compel arbitration of a trademark infringement action based upon a clause in a prior settlement of a similar dispute, the Eighth Circuit U.S. Court of Appeals ruled July 3 (Zetor North America Inc. v. Brent Rozeboom, et al., No. 16-2125, 8th Cir., 2017 U.S. App. LEXIS 11790).

    Mealey's IP/Tech - Federal Circuit Vacates Written Description Findings By Patent Board

    WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that various claims of patents owned by the board of trustees of the Leland Stanford Junior University are unpatentable for lack of written descriptive support were erroneous, the Federal Circuit U.S. Court of Appeals ruled June 27 (Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong, No. 15-2011, Fed. Cir., 2017 U.S. App. LEXIS 11382).

    Mealey's IP/Tech - 9th Circuit Vacates Denial Of Injunction In Trade Dress Dispute

    SAN FRANCISCO - A plaintiff on June 26 prevailed in an interlocutory appeal to the Ninth Circuit U.S. Court of Appeals of a California federal judge's decision to deny preliminary injunctive relief in a dispute over paint ball trade dress (GI Sportz Inc., et al. v. APX Gear LLC, No. 16-56882, 9th Cir., 2017 U.S. App. LEXIS 11326).

    Mealey's IP/Tech - 9th Circuit Upholds Copyright, Trademark Judgment And Award

    SAN FRANCISCO - A $1.95 million statutory damage award issued in favor of copyright and trademark infringement plaintiff Microsoft Corp. will stand, in light of a June 27 ruling by the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Buy More Inc., et al., No. 15-56544, 9th Cir., 2017 U.S. App. LEXIS 11454).

    Mealey's IP/Tech - Canadian High Court Upholds Global Injunction On Google Search Results

    OTTAWA - A Canadian trial court properly issued an injunction requiring Google Inc. to remove the links to a trademark infringer's websites worldwide, a Supreme Court of Canada majority ruled June 28, finding that an injunction over just Google's Canadian sites would not sufficiently combat the infringing activities (Google Inc. v. Equustek Solutions Inc., et al., No. 36602, Canada Sup.).

    Mealey's IP/Tech - Boat Maker Appeals Trade Dress, Trade Secrets Judgment To 11th Circuit

    ATLANTA - A boat manufacturer in a June 23 brief tells the 11th Circuit U.S. Court of Appeals that a trial court erred in disposing of its trade dress and trade secrets claims against a rival firm via summary judgment, arguing that the lower court failed to properly consider evidence of distinctiveness, nonfunctionality and confidentiality (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).

    Mealey's IP/Tech - In Final Written Decision, Patent Board Upholds Fraud Detection Patent

    ALEXANDRIA, Va. - Assertions of obviousness levied in connection with a patented process for detecting fraudulent conduct based upon a user's telephone number were rejected June 26 by the Patent Trial and Appeal Board (Twilio Inc. v. Telesign Corp., No. IPR2016-00360, PTAB).

    Mealey's IP/Tech - McDonald's Denies That Website, App Violate Blind Man's ADA Rights

    CHICAGO - In a June 26 answer filed in Illinois federal court, McDonald's Corp. denies that it violated the Americans With Disabilities Act (ADA) by not providing equal access to its website and mobile app for visually impaired individuals, asking the court to dismiss the complaint brought by a California man (Sean Gorecki v. McDonald's Corporation, No. 1:17-cv-03036, N.D. Ill.).

    Mealey's IP/Tech - Federal Circuit Reverses, Vacates Noninfringement Judgment, Fee Award

    WASHINGTON, D.C. - In a June 23 ruling, the Federal Circuit U.S. Court of Appeals found that a Texas federal judge erroneously granted a defendant summary judgment of noninfringement with regard to a wastewater treatment system patent (Mark N. Chaffin v. Michael R. Braden, et al., No. 16-2572, Fed. Cir., 2017 U.S. App. LEXIS 11164).

    Mealey's IP/Tech - Patent Covering Diabetes Drug Fortamet At Issue In New Review Petition

    ALEXANDRIA, Va. - In a June 23 petition for inter partes review (IPR), Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. (Aurobindo, collectively) took aim at the patented pharmaceutical formulation metformin hydrochloride, marketed as extended-release tablets by Andrx Corp. under the brand name Fortamet (Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. v. Andrx Corporation, No. IPR2017-01673, PTAB).

    Mealey's IP/Tech - Microsoft Tells Patent Board: Dialect Translator Patent Is Obvious

    ALEXANDRIA, Va. - Several months after Google Inc. failed to persuade the Patent Trial and Appeal Board to review various claims of a patent directed to the digital translation technique of "dialectal standardization" Microsoft Corp. requested inter partes review (IPR) of many of the same claims, but asserting different prior art (Microsoft Corp. v. Improved Search LLC, No. IPR2017-01614, PTAB).

    Mealey's IP/Tech - Divided Federal Circuit: PTO Entitled To Fees When Defending Patent Denials

    WASHINGTON, D.C. - A Virginia federal judge's decision to deny the U.S. Patent and Trademark Office (PTO) an award of attorney fees incurred in connection with defending the rejection of a patent application was reversed June 23 by a divided Federal Circuit U.S. Court of Appeals (Nantkwest Inc. v. Joseph Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Rules Against Samsung, Confirms Validity Of Patents

    WASHINGTON, D.C. - Samsung Electronics America Inc. and other appellants on June 23 failed to persuade the Federal Circuit U.S. Court of Appeals that three patents challenged through inter partes review were erroneously deemed valid by the Patent Trial and Appeal Board (Samsung Electronics America Inc., et al. v. Straight Path IP Group Inc., Nos. 2016-2004, -2008, -2009, -2019, -2020, -2021, -2112, -2113, -2114, -2182, -2183, -2184, Fed. Cir., 2017 U.S. App. LEXIS 11162).

    Mealey's IP/Tech - 5th Circuit Vacates Exemplary Damages In Computer Access Suit

    NEW ORLEANS - Finding that a staffing firm failed to establish malice in a rival's hiring away one of its employees who was found to have accessed his former employer's computer network without authorization, a Fifth Circuit U.S. Court of Appeals panel on June 21 vacated a trial court's $124,000 exemplary damages award against the defendant firm (Merritt Hawkins & Associates LLC v. Larry Scott Gresham, et al., No. 16-10439, 5th Cir., 2017 U.S. App. LEXIS 10981).

    Mealey's IP/Tech - Supreme Court Invites Government Views In Apple, Samsung Patent Case

    WASHINGTON, D.C. - In its June 26 orders list, the U.S. Supreme Court invited the U.S. solicitor general to express the views of the federal government on whether an injunction in a patent case can be premised on findings of "some connection" between an infringing feature and alleged irreparable harm (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).

    Mealey's IP/Tech - Professional Services Exclusion Does Not Apply, Federal Judge Reiterates

    CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use the competitor's copyrighted material and other confidential information (Caveo, LLC v. Citizens Insurance Company of America, Inc., et al., No. 15-6200, N.D. Ill., 2017 U.S. Dist. LEXIS 95432).

    Mealey's IP/Tech - Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act

    SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement in relation to certain designs significantly threatened or harmed competition (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist. LEXIS 95000).

    Mealey's IP/Tech - Delaware Federal Jury Awards $235 Million On Patent Infringement Claims

    WILMINGTON, Del. - A drug maker was ordered June 20 by a jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware to pay GlaxoSmithKline PLC (GSK) $235.5 million in damages in connection with its marketing of generic Coreg as a treatment for chronic heart failure (CHF) (GlaxoSmithKline PLC v. Teva Pharmaceuticals USA Inc., No. 14-877, D. Del.).

    Mealey's IP/Tech - Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict

    SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled June 20 (VHT Inc. v. Zillow Group Inc., No. 15-1096, W.D. Wash.; 2017 U.S. Dist. LEXIS 95010).

    Mealey's IP/Tech - High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit

    WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over him in a copyright infringement lawsuit brought by a group of record labels (Michael Robertson v. EMI Christian Music Group, et al., No. 16-1227, U.S. Sup., 2017 U.S. LEXIS 3969).

    Mealey's IP/Tech - Grant Of Priority By Patent Board Upheld By Federal Circuit

    WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that a high amount of experimentation is necessary to synthesize a claimed compound for treating hepatitis C and that a provisional application did not enable the interference subject matter were affirmed June 21 by the Federal Circuit U.S. Court of Appeals (Richard Storer, et al. v. Jeremy Clark, No. 15-1802, Fed. Cir.).