LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Oklahoma Federal Judge Rejects Class Action Lanham Act Claim

    MUSKOGEE, Okla. - Reed Elsevier Inc. won dismissal March 2 of allegations that it violated the Lanham Act by partnering with online marketing companies to generate leads for law firms (Anthony L. Allen, et al. v. Reed Elsevier Inc., et al., No. 14-213, E.D. Okla.; 2015 U.S. Dist. LEXIS 24667).

    Mealey's IP/Tech - Federal Circuit Remands For New Trial On Damages In Patent Case

    WASHINGTON, D.C. - A California federal judge's decision to sustain a jury verdict of patent infringement was upheld March 2 by the Federal Circuit U.S. Court of Appeals, but a related award of damages for past infringement and an ongoing royalty rate was remanded for a new trial (Warsaw Orthopedic Inc. et al. v. NuVasive Inc., Nos. 13-1576, -1577, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Cancellation Of 'Playdom' Service Mark

    WASHINGTON, D.C. - A decision by the Trademark Trial and Appeal Board (TTAB) to cancel a service mark for "Playdom" was upheld March 2 by the Federal Circuit U.S. Court of Appeals, on grounds of nonuse (David Couture v. Playdom Inc., No. 14-1480, Fed. Cir.).

    Mealey's IP/Tech - Michigan Federal Judge Enjoins Use Of 'Metro Cars' Trademark

    DETROIT - A defaulting defendant was ordered by a Michigan federal judge on Feb. 27 to refrain from any use of the "Metro Cars" trademark in connection with his chauffeur and other transportation services (Great Lakes Transportation Holding LLC v. Mumtaz Chaudhry, No. 14-13594, E.D. Mich.; 2015 U.S. Dist. LEXIS 23913).

    Mealey's IP/Tech - Infringing Houses Qualify As 'Advertisements' Under Policy, 5th Circuit Affirms

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals affirmed Feb. 26 that a commercial insurer has a duty to indemnify its builder insured against an underlying judgment of $3,031,563 in damages and $1,091,362 in attorney fees arising from an architecture firm's copyright infringement suit (Mid-Continent Casualty Company v. Kipp Flores Architects, LLC, No. 14-50649 c/w No. 14-50673, 5th Cir.; 2015 U.S. App. LEXIS 2888).

    Mealey's IP/Tech - 9th Circuit Affirms False Endorsement Verdict, Judgment

    SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Feb. 20 upheld a Nevada federal judge's determination that sufficient evidence supported a jury verdict of false endorsement (Fifty-Six Hope Road Music Ltd. et al. v. AVELA Inc. et al., No. 13-15407, 9th Cir.; 2015 U.S. App. LEXIS 2604).

    Mealey's IP/Tech - Antitrust Class Action Over Google Search On Hand-Held Devices Dismissed

    SAN JOSE, Calif. - A putative class action against Google Inc. related to its purported monopolization of the market for Internet search engines on mobile devices was dismissed Feb. 20 by a California federal judge, who found the plaintiffs' claimed injuries to be conclusory, speculative and not properly tied to the accused behavior (Gary Feitelson, et al. v. Google Inc., No. 5:14-cv-02007, N.D. Calif.; 2015 U.S. Dist. LEXIS 20778).

    Mealey's IP/Tech - 6th Circuit Reverses Trademark Abandonment Holding

    CINCINNATI - An Ohio federal judge's determination that a trademark plaintiff abandoned any right to the mark through non-use and a corresponding order canceling the mark registration were reversed Feb. 20 by the Sixth Circuit U.S. Court of Appeals (NetJets Inc. v. IntelliJet Group LLC, No. 14-3118, 6th Cir.; 2015 U.S. App. LEXIS 2621).

    Mealey's IP/Tech - 5th Circuit Affirms Attorney Fee Award In Copyright Case

    NEW ORLEANS - Finding no error in a Louisiana federal judge's decision to grant a prevailing copyright infringement defendant attorney fees, the Fifth Circuit U.S. Court of Appeals on Feb. 20 affirmed (Louisiana Contractors Licensing Service Inc. v. American Contractors Exam Services Inc., No. 14-30932, 5th Cir.; 2015 U.S. App. LEXIS 2590).

    Mealey's IP/Tech - Judge Approves $40 Million Award Against TracFone In FTC's Data-Throttling Suit

    SAN FRANCISCO - In conjunction with a stipulated order filed by the Federal Trade Commission and TracFone Wireless Inc., a California federal judge on Feb. 20 approved a $40 million judgment against the mobile service provider for engaging in "data throttling" practices in violation of the Federal Trade Commission Act (FTC Act) (Federal Trade Commission v. TracFone Wireless Inc., No. 3:15-cv-00392, N.D. Calif.).

    Mealey's IP/Tech - Certiorari Denied In Dispute Over Denial Of Patent Review

    WASHINGTON, D.C. - A practice by the Federal Circuit U.S. Court of Appeals of blocking appellate review of decisions by the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board that deny petitions for inter partes review under 35 U.S. Code Sections 312 and 315 may continue, for now, thanks to a Feb. 23 denial of certiorari by the U.S. Supreme Court (ZOLL Lifecor Corporation v. Philips Electronics North America Corp., et al., No. 14-619, U.S. Sup.).

    Mealey's IP/Tech - Texas Panel Reverses Order Compelling Examination Of Landlord's Hard Drive

    DALLAS - A trial court abused its discretion in granting a plaintiff's motion to compel the forensic examination of his landlord's computer hard drive in a dispute over unpaid rent and a property lockout, a Texas appeals panel ruled Feb. 17, finding that the plaintiff did not establish that such discovery would produce the information sought (In Re VERP Investment LLC, No. 05-15-00023-CV, Texas App., 5th Dist.; 2015 Tex. App. LEXIS 1518).

    Mealey's IP/Tech - Kentucky Federal Judge Denies Summary Judgment In Trademark Dispute

    LOUISVILLE, Ky. - Allegations of trademark infringement and violations of the Anticybersquatting Consumer Protection Act will proceed, thanks to a Feb. 19 ruling in a case a Kentucky federal judge has said features "increasingly venomous briefings" (Migliore & Associates LLC et al. v. Kentuckiana Reporters LLC, No. 13-315, W.D. Ky.; 2015 U.S. Dist. LEXIS 19568).

    Mealey's IP/Tech - Disney Wins Dismissal Of Copyright Claims Over 'Frozen'

    TRENTON, N.J. - Allegations that the Walt Disney Company Co. infringed a pro se plaintiff's self-published memoir when it produced the hit animated movie "Frozen" were dismissed Feb. 19 by a New Jersey federal judge (Isabella Tanikumi v. The Walt Disney Co., No. 14-5877, D. N.J.; 2015 U.S. Dist. LEXIS 19721).

    Mealey's IP/Tech - New Jersey Magistrate Judge Grants Copyright Plaintiffs Leave To Amend

    TRENTON, N.J. - A joint motion by two textbook publishers for leave to amend their copyright and trademark infringement complaint to add new factual allegations and a new defendant in the matter was granted Feb. 19 by a New Jersey federal magistrate judge (John Wiley & Sons Inc. et al. v. JVG Books LLC et al., No. 14-942, D. N.J.; 2015 U.S. Dist. LEXIS 19558).

    Mealey's IP/Tech - New Jersey Federal Judge Won't Reconsider Relief In Patent Case

    TRENTON, N.J. - A New Jersey federal judge on Feb. 18 denied reconsideration of an earlier decision to grant a patent infringement plaintiff a preliminary injunction (Power Survey LLC v. Premier Utility Services LLC, et al., No. 13-5670, D. N.J.; 2015 U.S. Dist. LEXIS 19139).

    Mealey's IP/Tech - Trademark Dispute Between New Balance, Converse Stayed

    BOSTON - A Massachusetts federal judge on Feb. 18 granted a motion to stay by declaratory judgment defendant Converse Inc., pending resolution of a related action before the International Trade Commission (ITC) (New Balance Athletic Shoe Inc. v. Converse Inc., No. 14-14715, D. Mass.; 2015 U.S. Dist. LEXIS 19244).

    Mealey's IP/Tech - Federal Circuit Affirms: Pacing Patent Not Infringed By Garmin

    WASHINGTON, D.C. - A California federal judge properly determined that Garmin International Inc. and Garmin USA Inc. (Garmin, collectively) did not infringe various claims of a patented system and method for pacing repetitive motions, the Federal Circuit U.S. Court of Appeals held Feb. 18 (Pacing Technologies LLC v. Garmin International Inc. and Garmin USA Inc., No. 14-1396, Fed. Cir.; 2015 U.S. App. LEXIS 2393).

    Mealey's IP/Tech - Boston Scientific Pays $600M To Settle Guidant Contract Suit By Johnson & Johnson

    MARLBOROUGH, Mass. - Boston Scientific Corp. on Feb. 7 announced that it has agreed to pay Johnson & Johnson (J&J) $600 million to settle a nine-year-old lawsuit alleging that Guidant Corp., which is now a Boston Scientific subsidiary, in 2006 interfered with J&J's planned acquisition of Guidant (Johnson & Johnson v. Guidant Corporation, No. 06-7685, S.D. N.Y.).

    Mealey's IP/Tech - Judge: Insurer Owes No Defense Against Counterclaims In Patent Infringement Suit

    HOUSTON - A Texas federal judge on Feb. 17 held that an insurer has no duty to defend its insured against false representation, monopolization and unfair and deceptive trade practices counterclaims in an infringement dispute over the '831 patent that protected a particular pavement-lifting process, granting the insurer's motion for summary judgment (Uretek [Usa] Inc. v. Continental Casualty Co., No. 4:13-cv-3746, S.D. Texas; 2015 U.S. Dist. LEXIS 18610).

    Mealey's IP/Tech - Summary Judgment Motions Denied In Satellite TV Interception Copyright Case

    GRAND RAPIDS, Mich. - A Michigan federal judge on Feb. 12 found that a genuine dispute exists as to whether a defendant actually obtained unauthorized transmissions of DISH Networks LLC's encrypted, satellite television programming, leading him to deny both parties' motions for summary judgment and order further discovery on the matter (DISH Networks LLC, et al. v. Brad Zerns, No. 1:14-cv-00279, W.D. Mich.; 2015 U.S. Dist. LEXIS 17130).

    Mealey's IP/Tech - Federal Circuit Affirms: Tariff Act Not Violated

    WASHINGTON, D.C. - A final determination by the U.S. International Trade Commission (ITC) that five patents relating to code division multiple access (CDMA) networks were not infringed or invalid was proper, the Federal Circuit U.S. Court of Appeals ruled Feb. 18 (InterDigital Communications Inc. v. United States International Trade Commission, No. 14-1176, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Reverses Collateral Estoppel Holding In Patent Case

    WASHINGTON, D.C. - A Delaware federal judge erred in holding that a previous adverse jury verdict against a patentee collaterally estops that patentee from pursuing infringement allegations against a different defendant, the Federal Circuit U.S. Court of Appeals ruled Feb. 12 (United Access Technologies LLC v. CenturyTel Broadband Services LLC, et al., No. 14-1347, Fed. Cir.; 2015 U.S. App. LEXIS 2204).

    Mealey's IP/Tech - Cloud Storage Firm Hit With Nearly $5 Million Verdict In Patent Dispute

    SAN FRANCISCO - After hearing six days of oral arguments, a California federal jury on Feb. 13 found that Box Inc. infringed three patents belonging to an information management firm, awarding the plaintiff $4,918,661 (Open Text S.A. v. Box Inc., et al., No. 13-cv-04910, N.D. Calif.).

    Mealey's IP/Tech - Magistrate: Trademark, Copyright Claims Against Web Hosts Should Be Dismissed

    NEW YORK - The operator of a language tutoring website failed to allege any "intelligible allegations" that three web hosting firms committed trademark, copyright or cybersquatting violations, a New York federal magistrate concluded Feb. 11, recommending that all claims against them be dismissed (Susen Gench v. HostGator.com LLC, et al., No. 1:14-cv-03592, S.D. N.Y.; 2015 U.S. Dist. LEXIS 16682).