LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Rules In Favor of Facebook

    WASHINGTON, D.C. - A stipulated judgment of noninfringement will stand, thanks to a June 6 ruling by the Federal Circuit U.S. Court of Appeals affirming the construction of various disputed claim terms in a database search patent (Indacon Inc. v. Facebook Inc., No. 15-1129, Fed. Cir.).

    Mealey's IP/Tech - Supreme Court Declines To Hear Google's Appeal Over AdWords Class Damages

    WASHINGTON, D.C. - In its June 6 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Google Inc. over an underlying grant of class certification in a class action over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve what the Internet giant called a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).

    Mealey's IP/Tech - 9th Circuit Creates Circuit Split Over De Minimis Copying Exception

    SAN FRANCISCO - A California federal judge properly granted pop star Madonna Louise Ciccone - commonly known as Madonna - and others summary judgment on allegations a modified version of a horn segment in the song "Vogue" infringed the copyrighted song "Love Break," a divided Ninth Circuit U.S. Court of Appeals concluded June 2 in a decision that creates a circuit split (VMG Salsoul LLC v. Madonna Louise Ciccone, et al., Nos. 13-57104, 14-55837, 9th Cir.; 2016 U.S. App. LEXIS 10017).

    Mealey's IP/Tech - Solicitor's Views Requested By Supreme Court In Patent, Antitrust Case

    WASHINGTON, D.C. - In its June 6 orders list, the U.S. Supreme Court invited the U.S. solicitor general to weigh in on a patent and antitrust dispute involving the epilepsy drug Lamictal (SmithKline Beecham Corp., et al. v. King Drug Company of Florence Inc., No. 15-1055, U.S. Sup.).

    Mealey's IP/Tech - Verdict, Judgment Find Google Earth Did Not Infringe German Firm's Patent

    WILMINGTON, Del. - Issuing judgment in accord with a jury's verdict, a Delaware federal judge on May 31 ruled that Google Inc. did not infringe a German design and technology firm's patent with its "Google Earth" application (ART+COM Innovationpool GmbH v. Google Inc., No. 1:14-cv-00217, D. Del.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Fee Request In Copyright Case

    PITTSBURGH - A copyright plaintiff had "at least a colorable basis for believing" that a competitor's software program infringed, a Pennsylvania federal judge ruled May 31, denying an award of attorney fees (Clarity Software LLC v. Financial Independence Group LLC, No. 13-795, W.D. Pa.; 2016 U.S. Dist. LEXIS 70602).

    Mealey's IP/Tech - 9th Circuit Again Says Model May Sue Site Operator For Negligence In Rape

    PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 31 found for a second time that a model's failure to warn claim against the operator of a modeling network website related to a rape is not barred by the Communications Decency Act (CDA), reversing and remanding a lower court ruling dismissing the model's complaint (Jane Doe No. 14 v. Internet Brands Inc. DBA Modelmayhem.com, No. 12-56638, 9th Cir.; 2016 U.S. App. LEXIS 9793).

    Mealey's IP/Tech - 9th Circuit Orders Additional Findings In Text Messaging Arbitration Class Dispute

    SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on May 26 reversed a trial court's denial of arbitration in a class complaint accusing two billing aggregators of engaging in a scheme that caused Washington residents to unknowingly subscribe to premium text messaging services and ordered the trial court to make two additional findings before determining whether the billing aggregators may enforce an arbitration clause (Richard A. Geier, et al. v. m-Qube Inc., et al., No. 13-36080, 9th Cir.; 2016 U.S. App. LEXIS 9640).

    Mealey's IP/Tech - Patent Board Grants Inter Partes Review Of Cancer-Fighting Therapy

    ALEXANDRIA, Va. - A claimed method and composition for treating cancer with hormone therapy is likely unpatentable under 35 U.S. Code Section 103, the Patent Trial and Appeal Board ruled May 31 in a decision granting inter partes review (Amerigen Pharmaceuticals Ltd. v. Janssen Oncology Inc., No. IPR2016-00286, PTAB).

    Mealey's IP/Tech - Apple Seeks Agency Review Of Tech Patent

    ALEXANDRIA, Va. - Nearly one year after it was accused of infringing a patent directed to memory sharing between a video decoder and another device, Apple Inc. on May 31 responded with a petition for inter partes review before the Patent Trial and Appeal Board (Apple Inc. v. Parthenon Unified Memory Architecture LLC, No. IPR2016-01114, PTAB).

    Mealey's IP/Tech - Federal Circuit: No Jurisdiction To Hear Appeal Of Final Patent Rejection

    WASHINGTON, D.C. - An inventor's efforts to overturn a final rejection of various claims of her patented method of providing real-time, bi-direction transactions on a network was turned away by the Federal Circuit U.S. Court of Appeals on May 27 on grounds that it lacks jurisdiction over non-final appeals from the U.S. Patent and Trademark Office (PTO) (In re: Lakshmi Arunachalam, No. 16-1560, Fed. Cir.; 2016 U.S. App. LEXIS 9696.).

    Mealey's IP/Tech - Divided Federal Circuit Affirms Findings in WiFi Equipment Patent Case

    WASHINGTON, D.C. - A Texas federal judge properly construed the disputed term "communications path" as it appears in three patents directed to improved access to a local area network (LAN), a divided panel of the Federal Circuit U.S. Court of Appeals ruled May 31 (Ruckus Wireless Inc. et al. v. Innovative Wireless Solutions LLC, Nos. 15-1425, -1438, Fed. Cir.; 2016 U.S. App. LEXIS 9786).

    Mealey's IP/Tech - After Bench Trial, D.C. Federal Judge Partly Sides With Trademark Plaintiff

    WASHINGTON, D.C. - In what he deemed a "fierce and protracted" legal battle, a District of Columbia federal judge on May 27 concluded that two plaintiffs are entitled to a declaration that there is no likelihood of confusion between their "La Indita Michoacana" trademark and various other marks asserted by a defendant on the basis of their common usage of the word "Michoacana" (Paleteria La Michoacana Inc. et al. v. Productos Lacteos Tocumbo S.A. De C.V., No. 11-1623, D. D.C.; 2016 U.S. Dist. LEXIS 69621).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In Antibiotic Patent Dispute

    WASHINGTON, D.C. - A decision by a Delaware federal judge - later upheld by the Federal Circuit U.S. Court of Appeals - which invalidated four of five patents covering the antibiotic Cubicin will stand, thanks to a denial of certiorari on May 31 by the U.S. Supreme Court (Cubist Pharmaceuticals, Inc. v. Hospira, Inc., No. 15-1210, U.S. Sup.).

    Mealey's IP/Tech - No Coverage For Negligence Claims Against Spa, Pennsylvania Superior Court Rules

    HARRISBURG, Pa. - Although the Pennsylvania Superior Court on May 24 disagreed with a lower court's ruling that a criminal acts policy exclusion bars coverage for an underlying suit alleging that an insured was negligent in failing to ensure the safety of its tanning customers and in failing to secure the premises from a third party's misconduct, it determined that the underlying claims for negligent operation of a business fail to trigger coverage on their own (Penn-America Insurance Co. v. Toni Tomei, et al., No. 480 WDA 2015, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 1859).

    Mealey's IP/Tech - Federal Judge Finds UCL Claim Is Preempted By Copyright Act

    SANTA ANA, Calif. - A California federal judge on May 25 found that a claim for violation of California's unfair competition law (UCL) and copyright infringement asserted by a meditation center business and its owners should be dismissed, finding that the UCL claim was preempted by copyright law and that the plaintiffs failed to allege substantial similarity in relation to the copyrighted works (Divine Dharma Meditation Int'l Inc., et al. v. Institute of Latent Energy Studies, No. 16-226, C.D. Calif.; 2016 U.S. Dist. LEXIS 68890).

    Mealey's IP/Tech - New Jersey Federal Judge Dismisses Patent Dispute Over Lysteda

    TRENTON, N.J. - A patent infringement action involving an abbreviated new drug application (ANDA) covering generic tranexamic acid tablets was dismissed May 26 by a New Jersey federal judge (Ferring B.V. v. Watson Laboratories Inc., et al., No. 15-4222, D. N.J.; 2016 U.S. Dist. LEXIS 69328).

    Mealey's IP/Tech - 9th Circuit Affirms Injunction, Denial Of Fees In Trademark Case

    SAN FRANCISCO - Finding no abuse of discretion, the Ninth Circuit U.S. Court of Appeals on May 24 affirmed the terms of a trademark injunction entered by a California federal judge (SunEarth Inc. v. Sun Earth Solar Power Co., et al., No. 13-17622, 9th Cir.; 2016 U.S. App. LEXIS 9682).

    Mealey's IP/Tech - Jury Finds Google's Use Of Copyrighted Java Technology Was Fair Use

    SAN FRANCISCO - On the fourth day of deliberations in the second copyright trial over Java-related technology between Oracle America Inc. and Google Inc., a California federal jury on May 26 found that Google's use of Java structure, sequence and organization (SSO) in its Android operating system constituted fair use under the Copyright Act (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).

    Mealey's IP/Tech - Microsoft Seeks Review Of 2 Patents In 4 Inter Partes Petitions

    ALEXANDRIA, Va. - Attacking two Corel Software LLC patents as invalid as obvious in light of various pieces of prior art, Microsoft Corp. on May 23 filed a total of four petitions for inter partes review (IPR) with the Patent Trial and Appeal Board (In re: Umbedacht, Nos. IPR2016-01083, -01084, -01085, -01086, PTAB).

    Mealey's IP/Tech - 3rd Circuit Affirms Copyright Ruling In Favor Of Amazon, CEO

    PHILADELPHIA - A Pennsylvania federal judge properly granted defendant Amazon.com Inc. summary judgment on allegations the online merchant unfairly withheld copyright royalties owed to the author of four self-published books, the Third Circuit U.S. Court of Appeals ruled May 23 (Joseph E. Carlin v. Amazon.com Inc., et al., No. 15-2774, 3rd Cir.; 2016 U.S. App. LEXIS 9372).

    Mealey's IP/Tech - Samsung Hit With New Patent Lawsuit Over Smartphone Technology

    SAN FRANCISCO - Alleging infringement of 11 standard-essential patents (SEPs), China-based Huawei Technologies Co. Ltd. on May 24 took aim at Samsung Electronics Co. Ltd. in a new California federal complaint (Huawei Technologies Co. Ltd. et al. v. Samsung Electronics Co. Ltd. et al., No. 16-2787, N.D. Calif.).

    Mealey's IP/Tech - Technical Problems Plague Jury In Google, Oracle Copyright Retrial

    SAN FRANCISCO - Following two weeks of testimony, jurors assigned to the copyright infringement retrial between plaintiff Oracle America Inc. and defendant Google Inc. began deliberations on May 23, but their efforts were stymied just one day later when they were unable to access an electronic evidence cart containing source code relevant to the dispute (Oracle America Inc. v. Google Inc., No. 10-3561, N.D. Calif.).

    Mealey's IP/Tech - Patent Board Reverses Rejection Of Guide Line Patent By Examiner

    ALEXANDRIA, Va. - A final rejection by a patent examiner of 20 claims of an invention relating to an improved way of snapping a user-guided cursor to guide lines in a computer-assisted drawing application was erroneous, the Patent Trial and Appeal Board (PTAB) ruled May 23 (Ex Parte Guarav Jain, No. 2014-008293, PTAB).

    Mealey's IP/Tech - 5th Circuit Sides With JP Morgan In Dispute Over Patent License Clause

    NEW ORLEANS - A "most favored licensee" (MFL) clause in a license agreement allowing JP Morgan Chase Bank N.A. (JPMC) to use patented check processing technology was properly interpreted by a Texas federal judge as entitling JPMC to reimbursement after the patent licensor granted a similar unlimited license to another entity for a lesser lump sum, a divided Fifth Circuit U.S. Court of Appeals ruled May 19 (JP Morgan Chase Bank N.A. v. DataTreasury Corporation, No. 15-40905, 5th Cir.; 2016 U.S. App. LEXIS 9203).