LexisNexis® Legal Newsroom
    Mealey's IP/Tech - 9th Circuit Affirms Dismissal Of 'Terminator' Copyright Case

    SAN FRANCISCO - A third copyright infringement lawsuit by an author against director James Cameron was properly dismissed by a California federal judge on the basis of res judicata, the Ninth Circuit U.S. Court of Appeals ruled July 25 (Neil B. Goldberg v. James Cameron, et al., No. 15-16827, 9th Cir., 2017 U.S. App. LEXIS 13440).

    Mealey's IP/Tech - Texas Federal Judge: Applicability Of On-Sale Bar In Question

    SHERMAN, Texas - A request by two defendants for partial summary judgment that five patents are invalid under the on-sale bar articulated in Section 102(b) of the Patent Act, 35 U.S.C. 102(b), was denied July 24 by a Texas federal judge (Tech Pharmacy Services LLC v. Alixa Rx LLC, et al., No. 15-766, E.D. Texas, 2017 U.S. Dist. LEXIS 114726).

    Mealey's IP/Tech - Microsoft Seeks Inter Partes Review Of Image Optimization Patent

    ALEXANDRIA, Va. - A patent directed to methods and systems for receiving and responding to a request for image data would have been obvious to a person of skill in the art, Microsoft Corp. contends in a July 20 petition for inter partes review by the Patent Trial and Appeal Board (Microsoft Corp. v. Bradium Technologies LLC, No. IPR2017-01818, PTAB).

    Mealey's IP/Tech - Wire Transfer Theft Covered Under Computer Fraud Policy Clause, Judge Rules

    NEW YORK - A firm's loss due to a fraudulent wire transfer scheme constituted computer fraud even though the thief used email spoofing rather than hacking into the company's system, a New York federal judge ruled July 21, finding that coverage for the multimillion dollar loss existed under the computer fraud provision of the company's executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 1:15-cv-00907, S.D. N.Y.).

    Mealey's IP/Tech - North Carolina Federal Judge Denies Motion Challenging Copyright Ownership

    CHARLOTTE, N.C. - A request for summary judgment by a copyright infringement defendant was denied July 21 by a North Carolina federal judge, who found that material issues of factual dispute remain with regard to whether a plaintiff qualifies as an author or co-author of disputed architectural plans (Brookwood Remodeling and Homebuilding LLC v. Landis Reed Homes LLC, No. 16-186, W.D. N.C., 2017 U.S. Dist. LEXIS 113629).

    Mealey's IP/Tech - FitBit Prevails Before Patent Board Following Inter Partes Review

    ALEXANDRIA, Va. - The three remaining claims of a patent covering a system for monitoring health, wellness and fitness were deemed unpatentable pursuant to Sections 102 of the Patent Act, 35 U.S.C. 102, on July 19 by the Patent Trial and Appeal Board (FitBit Inc. v. BodyMedia Inc., No. IPR2016-00545, PTAB).

    Mealey's IP/Tech - Washington Federal Judge Stands By Denial Of Motion To Dismiss Patent Claims

    SEATTLE - A request by a patent infringement defendant for reconsideration of a June ruling that denied dismissal of the dispute was denied July 20 by a Washington federal judge (Westech Aerosol Corporation v. ITW Polymers Sealants North America Inc., No. 17-5068, W.D. Wash., 2017 U.S. Dist. LEXIS 113323).

    Mealey's IP/Tech - 11th Circuit Upholds Rejection Of Copyright, Trademark Claims

    ATLANTA - Allegations that a copyright and trademark infringement defendant befriended a plaintiff under false pretenses in order to misappropriate portions of her autobiography for a line of perfumes were properly rejected by a Georgia federal judge, the 11th Circuit U.S. Court of Appeals ruled July 18 (Daisy Byrd Mobley v. Claire Fermont-Langlais, et al., No. 16-12340, 11th Cir., 2017 U.S. App. LEXIS 12841).

    Mealey's IP/Tech - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

    SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose the IRS's summons (United States v. Coinbase Inc., No. 3:17-cv-01431, N.D. Calif., 2017 U.S. Dist. LEXIS 111756).

    Mealey's IP/Tech - Appeals Court: Federal Judge Construed Patent Claims Erroneously

    WASHINGTON, D.C. - A jury verdict of patent infringement was reversed and remanded by a divided Federal Circuit U.S. Court of Appeals on July 19 after the majority found that a Texas federal judge erroneously construed the disputed claim terms "replacement telephone number," "modify caller identification data of the call originator" and "outbound call" according to their plain and ordinary meaning (NobelBiz Inc. v. Global Connect, L.L.C., et al., Nos. 16-1104, -1105, Fed. Cir., 2017 U.S. App. LEXIS 12946).

    Mealey's IP/Tech - Federal Circuit Sides With Licensee, Deems Velcade Patent Valid

    WASHINGTON, D.C. - A Delaware federal judge's determination of invalidity with regard to various claims of a patented product for the treatment of multiple myeloma and mantle cell lymphoma was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 17 (Millennium Pharmaceuticals Inc. v. Sandoz Inc., et al., Nos. 2015-2066, 2016-1008, -1009, -1010, -1109, -1110, -1283, Fed. Cir., 2017 U.S. App. LEXIS 12702).

    Mealey's IP/Tech - Judge Partially Dismisses Claims Against Google In Trade Secrets Suit

    SAN JOSE, Calif. - A federal judge in California on July 14 granted in part and denied in part Google's motion to dismiss state and federal misappropriation of trade secrets claims from a lawsuit, ruling that a wireless services and solutions firm has failed to show how Google's actions violated the terms of a nondisclosure agreement (Space Data Corp. v. Alphabet Inc., et al., No. 5:16-cv-03260, N.D. Calif., 2017 U.S. Dist. LEXIS 109842).

    Mealey's IP/Tech - Patent Owner: Apparatus Claims Erroneously Deemed Indefinite

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 13 heard oral arguments in a dispute in which Microsoft Corp. prevailed on allegations that two data-mining patents are indefinite (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir.).

    Mealey's IP/Tech - House Subcommittee Holds Hearing On Impact Of 'Bad' Patents, Trolls

    WASHINGTON, D.C. - U.S. Rep. Darrel Issa, R-Calif., on July 13 deemed "reprehensible" a recent interpretation by U.S. Judge J. Rodney Gilstrap of the Eastern District of Texas of the U.S. Supreme Court's holding in TC Heartland LLC v. Kraft Foods Grp. Brands LLC during a meeting of the House Judiciary Committee Subcommittee on Courts, Intellectual Property and the Internet.

    Mealey's IP/Tech - IT Firm Asserts No Liability For Ex-Employee's Hacking Of Columbia Sportswear

    PORTLAND, Ore. - A Washington state tech firm moved for summary judgment in Oregon federal court July 10 on Columbia Sportswear Co.'s computer fraud and wiretap claims against it, arguing that it cannot be held vicariously liable for the hacking activities of a man who was previously employed by both companies (Columbia Sportswear Co. v. 3MD Inc., et al., No. 3:17-cv-00342, D. Ore.).

    Mealey's IP/Tech - Text Entry Method Patent Challenged By Microsoft In New PTAB Petition

    ALEXANDRIA, Va. - In a July 11 petition for inter partes review filed with the Patent Trial and Appeal Board, Microsoft Corp. and Microsoft Mobile Inc. allege that a patent that claims a method of text entry on devices such as handheld computers would have been obvious as of the patent's priority date of June 2001 (Microsoft Corporation, et al. v. Koninklijke Philips Electronics N.V., No. IPR2017-01766, PTAB).

    Mealey's IP/Tech - Sony Digital Signal Patent Challenged In New Inter Partes Review Petition

    ALEXANDRIA, Va. - A patent covering a system that supplies digital signals in a variety of formats to accommodate different types of external units, assigned by its inventors to Sony Corp., would have been obvious to a person of ordinary skill in the art, several petitioners allege in a July 11 filing with the Patent Trial and Appeal Board (ARRIS International plc, et al. v. Sony Corporation, No. IPR2017-01699, PTAB).

    Mealey's IP/Tech - Delaware Federal Judge Won't Dismiss Patent Claim On Section 101 Grounds

    WILMINGTON, Del. - An effort by a defendant to obtain dismissal of allegations that it infringed a patented invention that - among other things - would purportedly replace human meter readers was unsuccessful July 11, when a Delaware federal judge ruled that the case should proceed (Smart Meter Technologies Inc. v. Duke Energy Corporation, No. 16-208, D. Del., 2017 U.S. Dist. LEXIS 106493).

    Mealey's IP/Tech - Federal Circuit Holds Oral Arguments In Apple, Rembrandt Patent Case

    WASHINGTON, D.C. - A panel of Federal Circuit U.S. Judges Sharon Prost, Raymond T. Chen and Todd M. Hughes heard oral argument on July 10 in a case that asserts that a California federal judge erroneously granted defendant Apple Inc. summary judgment on allegations of patent infringement (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).

    Mealey's IP/Tech - Dungaree Maker Tells 2nd Circuit 2003 Agreement Bars Trademark Claims

    NEW YORK - A New Jersey-based dungaree manufacturer argues in a July 10 brief in the Second Circuit U.S. Court of Appeals that a 2003 agreement that settled a previous trademark dispute with a rival clothier serves to bar the present trademark claims brought against it by that same company (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).

    Mealey's IP/Tech - Twitter Users Sue Trump, Allege 1st Amendment Violation In Account Blocking

    NEW YORK - The blocking of Twitter users from President Donald J. Trump's account violates the First Amendment to the U.S. Constitution, a group of blocked users and a free speech advocacy organization assert in a complaint filed against the president and two of his staffers July 11 in New York federal court (Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al., No. 1:17-cv-05205, S.D. N.Y.).

    Mealey's IP/Tech - Federal Circuit Vacates Denial Of Injunction In Patent Dispute

    WASHINGTON, D.C. - A Texas federal judge's decision to deny a patent plaintiff permanent injunctive relief, following a jury verdict of infringement, was vacated by the Federal Circuit U.S. Court of Appeals on July 11 (Genband US LLC v. Metaswitch Networks Corp., et al., No. 17-1148, Fed. Cir., 2017 U.S. App. LEXIS 12233).

    Mealey's IP/Tech - Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling

    LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

    Mealey's IP/Tech - Claim Constructions Debated In New Patent Appeal To Federal Circuit

    WASHINGTON, D.C. - In a July 6 reply brief, a patent owner disputes assertions by the U.S. Patent and Trademark Office that the patent owner's appeal of an adverse inter partes review (IPR) outcome seeks a narrower claim construction of a temperature limitation that would render various dependent claims superfluous (ZoomEssence Inc. v. Joseph Matal, Acting Director of the U.S. Patent and Trademark Office, No. 17-1581, Fed. Cir.).

    Mealey's IP/Tech - New York Federal Copyright Claim Against Associated Press Survives Motion

    NEW YORK - A request by The Associated Press and Hearst Communications Inc. for judgment on the pleadings on allegations that they committed copyright infringement was denied July 7 by a New York federal judge, who found that material issues of disputed fact exist with regard to the date the infringement first took place (Michael Grecco v. The Associated Press, et al., No. 16-6240, S.D. N.Y., 2017 U.S. Dist. LEXIS 105264).