LexisNexis® Legal Newsroom
    Mealey's IP/Tech - California Federal Judge: New Class Suit Over Google Buzz Barred By Res Judicata

    SAN JOSE, Calif. - A California federal judge on Feb. 2 dismissed a Stored Communications Act (SCA) class complaint brought against Google Inc. over its social networking tool, finding that the complaint was barred by res judicata (Michael Amalfitano v. Google Inc., No. 14-673, N.D. Calif.; 2015 U.S. Dist. LEXIS 12096).

    Mealey's IP/Tech - No Reconsideration Of Famous Marks Ruling By D.C. Federal Judge

    WASHINGTON, D.C. - A September 2014 judgment by a District of Columbia federal judge that a defendant and counterclaimant failed to demonstrate substantial familiarity with its trademarks within any relevant American consumer market will stand, the judge ruled Feb. 3 (Paleteria La Michocana Inc., et al. v. Productos Lacteos Tocumbo S.A. De C.V., No. 11-1623, D. D.C.; 2015 U.S. Dist. LEXIS 12353).

    Mealey's IP/Tech - Divided Federal Circuit: No Jurisdiction Over Institution Of Review

    WASHINGTON, D.C. - A holding by the Patent Trial and Appeal Board that three claims of a vehicle speed interface patent are obvious was affirmed Feb. 4 by a divided Federal Circuit U.S. Court of Appeals, after the panel rejected claims that it can review decisions to grant or deny petitions for inter partes review (IPR) under the Leahy-Smith America Invents Act (AIA) (In re: Cuozzo Speed Technologies LLC, No. 14-1301, Fed. Cir.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Dismissal Of Copyright Claim

    PHILADELPHIA - A second amended complaint adequately states a claim for infringement of a copyrighted custom trade show exhibit, a Pennsylvania federal judge ruled Feb. 2, denying a motion to dismiss under Federal Rule of Civil Procedure (FRCP) 12(b)(6) (Visual Communications Inc. v. Assurex Health Inc., No. 14-3854, E.D. Pa.; 2015 U.S. Dist. LEXIS 11700).

    Mealey's IP/Tech - Jury Demand Stricken In Copyright, Trademark Case

    WASHINGTON, D.C. - A motion to strike a copyright and trademark infringement defendant's jury demand was granted Feb. 2 by a District of Columbia federal judge (American Society for Testing and Materials, et al. v. Public.Resource.org Inc., No. 13-1215, D. D.C.; 2015 U.S. Dist. LEXIS 11712).

    Mealey's IP/Tech - Antitrust Counterclaims Will Be Added To Illinois Patent Dispute

    CHICAGO - A defendant's request to add three counterclaims of Sherman Act violations and an affirmative defense of inequitable conduct was granted Jan. 30 by an Illinois federal judge (BSP Software LLC v. Motio Inc., No. 12-2100, N.D. Ill.; 2015 U.S. Dist. LEXIS 10799).

    Mealey's IP/Tech - Quicken Must Produce Documents In Suit Over Internet Contest

    DALLAS - A third-party sponsor of an Internet contest based on the National Collegiate Athletic Association (NCAA) Men's Basketball Tournament, which is at the heart of a contractual and intellectual property dispute, must produce documents in response to the plaintiff's subpoena, a Texas federal magistrate judge ruled Jan. 30, denying the sponsor's motion to quash (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

    Mealey's IP/Tech - Federal Circuit Vacates Summary Judgment Of Noninfringement

    WASHINGTON, D.C. - A District of Columbia federal judge's determination that none of the accused products at issue in a patent case comes within any of the asserted claims was vacated Feb. 2 by the Federal Circuit U.S. Court of Appeals (In re: Papst Licensing Digital Camera Patent Litigation, No. 14-1110, Fed. Cir.).

    Mealey's IP/Tech - Texas Magistrate Judge: Deny Cross-Motions In Trademark Case

    AUSTIN, Texas - A dispute over the "ICS" acronym should proceed in Texas federal court, a magistrate judge recommended Jan. 30 (Innovative Communication Systems Inc. v. Innovative Computing Systems Inc., No. 13-1044, W.D. Texas; 2015 U.S. Dist. LEXIS 10792).

    Mealey's IP/Tech - Recruiting Firm Awarded $206,000 For Ex-Employees' Unauthorized Network Access

    DALLAS - In accordance with a jury verdict, a Texas federal judge on Jan. 30 awarded a plaintiff firm $206,000 for two employees' intentional accessing of its computer network without authorization under Texas law, resulting in the copying of hundreds of proprietary files (Merritt Hawkins & Associates LLC v. Larry Scott Gresham, et al., No. 3:13-cv-00312, N.D. Texas).

    Mealey's IP/Tech - Kansas Federal Magistrate Judge Won't Quash Subpoena In Copyright Case

    KANSAS CITY, Kan. - A discovery request by a copyright owner for information relating to communications between a defendant and various nonparty corporations can proceed, a Kansas federal magistrate judge ruled Jan. 28 (Joseph R. Tomelleri v. Zazzle Inc., No. 13-2576, D. Kan.).

    Mealey's IP/Tech - TracFone To Pay $40 Million Over FTC's Data-Throttling Complaint

    SAN FRANCISCO - In a stipulated order filed simultaneously with its complaint in California federal court on Jan. 28, the Federal Trade Commission stated that wireless service provider TracFone Wireless Inc. has agree to pay $40 million to settle the FTC's claim of deceptive acts related to the company's purported "data-throttling" practices (Federal Trade Commission v. TracFone Wireless Inc., No. 3:15-cv-00392, N.D. Calif.).

    Mealey's IP/Tech - Expert's Reliance On Other Settlements Excluded In Microsoft Office Suite Suit

    SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).

    Mealey's IP/Tech - Reverse-Payment Challengers Survive Summary Judgment

    PHILADELPHIA - Citing the recently articulated standard in Federal Trade Commission v. Actavis Inc. (133 S. Ct. 2223 [2013]), a Pennsylvania federal judge on Jan. 28 found that myriad plaintiffs challenging a reverse-payment settlement as anti-competitive adequately pleaded their claims to survive a defense motion for summary judgment (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).

    Mealey's IP/Tech - Minnesota Federal Judge Stands By Denial Of Attorney Fees

    MINNEAPOLIS - Acting on remand from the Federal Circuit U.S. Court of Appeals, a Minnesota federal judge on Jan. 27 again rejected a request by three prevailing corporate defendants for an award of attorney fees and expenses in a patent and Lanham Act dispute (Aviva Sports Inc. v. Fingerhut Direct Marketing Inc., et al., No. 09-1091, D. Minn.; 2015 U.S. Dist. LEXIS 9108).

    Mealey's IP/Tech - California Federal Judge Denies Relief In Trademark Case

    LOS ANGELES - A dispute over the "Capella" trademark as it is used in connection with luxury hotels will proceed without a temporary restraining order (TRO) or preliminary injunction in place, a California federal judge ruled Jan. 26 (Hoteles Del Cabo S. De R.L. De C.V. v. Cappella Hotel Group LLC, No. 15-408, C.D. Calif.; 2015 U.S. Dist. LEXIS 8710).

    Mealey's IP/Tech - Kansas Federal Judge Allows Bulk Of Trademark Case To Proceed

    KANSAS CITY, Kan. - A defendant's request for dismissal of trademark infringement and unfair competition allegations was denied Jan. 27 by a Kansas federal judge (Marten Transport Ltd. v. Plattform Advertising Inc., No. 14-2464, D. Kan.; 2015 U.S. Dist. LEXIS 8985).

    Mealey's IP/Tech - Judge Strikes Patent Damages Expert Testimony In Content-Sharing Software Case

    SAN FRANCISCO - Finding a proposed damages expert's testimony on proposed royalty rates to be a "black box" that does not fully explain its conclusions, a California federal judge on Jan. 23 granted a motion to exclude by the defendants in a software patent lawsuit (Open Text S.A. v. Box Inc., et al., No. 13-cv-04910, N.D. Calif.; 2015 U.S. Dist. LEXIS 8783).

    Mealey's IP/Tech - Federal Circuit Affirms: Patent Claims Would Not Have Been Obvious

    WASHINGTON, D.C. - The U.S. Patent and Trademark Office Patent Trial and Appeal Board properly affirmed an examiner's decision not to reject as obvious 15 claims of a paint-mixing patent, the Federal Circuit U.S. Court of Appeals ruled Jan. 27 (Plas-Pak Industries Inc. v. Sulzer Mixpac AG, No. 14-1447, Fed. Cir.).

    Mealey's IP/Tech - Texas Federal Judge Severs, Transfers Patent Claims

    MARSHALL, Texas - A Texas federal judge on Jan. 26 severed and transferred patent infringement allegations against Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America LLC (Samsung, collectively) in what he deemed a "complicated" case (Vantage Point Technology Inc. v. Amazon.com Inc. et al., No. 13-909, E.D. Texas; 2015 U.S. Dist. LEXIS 8335).

    Mealey's IP/Tech - Judge Allows Patentee To Supplement Previously Excluded Damages Testimony

    OMAHA, Neb. - A technology firm may supplement evidence of its damages and patent validity experts in light of the firm's settlement and licensing agreement with one of the original defendants, a Nebraska federal judge ruled Jan.23 in four related suits over two wireless network authorization patents (Prism Technologies LLC v. Sprint Spectrum L.P., et al., Nos. 8:12-cv-00123, 8:12-cv-00124, 8:12-cv-00125 and 8:12-cv-00126, D. Neb.; 2015 U.S. Dist. LEXIS 8062).

    Mealey's IP/Tech - Washington Federal Magistrate Judge Dismisses Copyright Case

    SEATTLE - Allegations of copyright infringement by BWP Media USA Inc., doing business as Pacific Coast News, were rejected by a Washington federal magistrate judge on Jan. 23 (BWP Media USA Inc., d/b/a Pacific Coast News v. Rich Kids Clothing Company, No. 13-1975, W.D. Wash.; 2015 U.S. Dist. LEXIS 8034).

    Mealey's IP/Tech - Texas Federal Judge Denies JMOL In Trade Secret, Copyright Case

    HOUSTON - A trade secret and copyright plaintiff failed to persuade a Texas federal judge on Jan. 22 to revisit her March 2014 take-nothing judgment (Ultraflo Corporation v. Pelican Tank Parts Inc., et al., No. 09-782, S.D. Texas; 2015 U.S. Dist. LEXIS 6975).

    Mealey's IP/Tech - Supreme Court Vacates Judgments In Trio Of Patent Cases

    WASHINGTON, D.C. - Petitions for certiorari in three patent disputes were granted Jan. 26 by the U.S. Supreme Court for the limited purpose of vacating and remanding to the Federal Circuit U.S. Court of Appeals (Gevo Inc. v. Butamax Advanced Biofuels, No. 13-1286; Lighting Ballast Control v. Universal Lighting Technologies, No. 131536; Shire Development LLC v. Watson Pharmaceuticals, No. 14-206, U.S. Sup.).

    Mealey's IP/Tech - Arizona Federal Judge Awards $1.8 Million On Trademark Claims

    PHOENIX - An Arizona federal judge on Jan. 22 granted Estee Lauder Cosmetics Ltd. and Makeup Cosmetics Inc. (M.A.C) summary judgment on their allegations of trademark infringement, also awarding $1,862,604 in damages and a permanent injunction (Estee Lauder Cosmetics Ltd., et al. v. Get Your Mac On LLC, et al., No. 13-634, D. Ariz.; 2015 U.S. Dist. LEXIS 7286).