LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Dispute Over Trademark Investigation Can Proceed, Federal Magistrate Rules

    BATON ROUGE, La. - A plaintiff's motion to compel certain documents and records compiled during a trademark investigation was granted, in part, by a Louisiana federal magistrate judge on May 19 (Michael Swoboda v. Continental Incorporated Inc., No. 14-19, M.D. La.; 2016 U.S. Dist. LEXIS 65790).

    Mealey's IP/Tech - Federal Judge Grants Dismissal Of Patent Case On Jurisdiction Grounds

    OMAHA, Neb. - Although finding that the act of "friending" and inviting Nebraska residents to like a business page on Facebook appear to be activities purposefully directed at Nebraska, a federal judge on May 20 nonetheless deemed jurisdiction lacking over a patent infringement action (HVLPO2 LLC v. Oxygen Frog LLC, et al., No. 15-176, D. Neb.; 2016 U.S. Dist. LEXIS 66758).

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

    WASHINGTON, D.C. - An August 2015 ruling by the Federal Circuit U.S. Court of Appeals that relied upon the "change of law" exception to invalidate two patents as indefinite will stand, thanks to a May 23 denial of certiorari by the U.S. Supreme Court (Dow Chemical Co. v. Nova Chemicals Corp., No. 15-1160, U.S. Sup.).

    Mealey's IP/Tech - Ohio Federal Magistrate Rejects Copyright Claims As Time-Barred

    DAYTON, Ohio - An assertion of authorship of the copyrighted poem "Footprints" by a plaintiff proceeding in forma pauperis was levied nearly three decades too late, an Ohio federal magistrate judge concluded May 19 (Bruce Anthony Lewis v. Carolyn Carty, et al., No. 16-189, S.D. Ohio.; 2016 U.S. Dist. LEXIS 65492).

    Mealey's IP/Tech - Request For Fees In Trademark Case Denied By Minnesota Federal Judge

    MINNEAPOLIS - In what she described as a "vigorously litigated" trademark case, a Minnesota federal judge on May 19 denied an infringement defendant's request for just over $400,000 in attorney fees (Mountain Marketing Group LLC, et al. v. Heimerl & Lammers LLC, No. 14-846, D. Minn.; 2016 U.S. Dist. LEXIS 65607).

    Mealey's IP/Tech - Documents To Be Unsealed In 'Signal Abstracting' Patent Case Per EFF's Motion

    TYLER, Texas - In response to a motion by intervenor Electronic Frontier Foundation (EFF), a Texas federal magistrate judge on May 17 ordered certain documents in a patent infringement case over "signal abstracting" anti-piracy technology to be unsealed in light of the presumption of public access to court filings, while permitting the parties to submit redacted copies of the documents in question related to legitimate confidential material (Blue Spike LLC v. Audible Magic Corp., No. 6:15-cv-00584, E.D. Texas; 2016 U.S. Dist. LEXIS 63956).

    Mealey's IP/Tech - 2nd Circuit Vacates Nominative Fair Use Finding In Trademark Case

    NEW YORK - A Connecticut federal judge erroneously considered source confusion to be the only relevant type of confusion when assessing the merits of an infringement claim surrounding use of a certification mark, the Second Circuit U.S. Court of Appeals ruled May 18, reversing and remanding a grant of summary judgment (International Information Systems Security Certification Consortium Inc. v. Security University, et al., No. 14-3456, 2nd Cir.; 2016 U.S. App. LEXIS 9045).

    Mealey's IP/Tech - Panel: Sale Of Counterfeit Fendi Products Not An Advertising Injury; No Coverage

    NEW YORK - The Second Circuit U.S. Court of Appeals on May 17 affirmed a lower federal court's ruling that an insurer has no duty to indemnify the $34.9 million awarded against its insureds in two underlying lawsuits because the insureds' liability was based upon the sale of counterfeit Fendi products and not upon an "advertising injury" pursuant to the policies (United States Fidelity & Guaranty Co. v. Fendi Adele, et al., Nos. 14-3435 and 14-3474, 2nd Cir.; 2016 U.S. App. LEXIS 8973).

    Mealey's IP/Tech - Magistrate Orders Discovery In Wiretap Act Suit Over Campaign's Stolen Emails

    ALBUQUERQUE, N.M. - Two purported journalists must respond to most of the discovery interrogatives and requests served on them in a lawsuit brought against them for allegedly participating in the disclosure of stolen emails, with a New Mexico federal magistrate judge on May 13 finding that the defendants largely failed to support their objections under the First Amendment to the U.S. Constitution and certain asserted privileges afforded to members of the press (Crystal Amaya, et al. v. Sam Bregman, et al., No. 1:14-cv-00599, D. N.M.; 2016 U.S. Dist. LEXIS 63588).

    Mealey's IP/Tech - Networks Argue To 9th Circuit That Internet Rebroadcaster Is Not A Cable Company

    SAN FRANCISCO - In a May 16 reply brief in the Ninth Circuit U.S. Court of Appeals, a group of television networks seek reversal of a lower court ruling that deemed an Internet rebroadcaster of their programs to potentially be a "cable system" that is eligible for compulsory copyright licenses under Section 111 of the Copyright Act (Fox Television Stations Inc., et al. v. Aereokiller LLC, et al., No. 15-56420, 9th Cir.).

    Mealey's IP/Tech - Google Argues For Certiorari To Determine Class Damage Calculations In AdWords Suit

    WASHINGTON, D.C. - In a May 16 reply brief supporting its petition for certiorari, Google Inc. argues that the U.S. Supreme Court needs to review an underlying grant of class certification in a suit over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve 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 - 7th Circuit Reverses, Remands Dismissal Of Trademark Case

    CHICAGO - An Illinois federal judge "jumped the gun" in dismissing a trademark infringement dispute between two food distribution companies at the pleading stage, the Seventh Circuit U.S. Court of Appeals ruled May 16 (Hyson USA Inc. v. Hyson 2U Ltd., No. 14-3261, 7th Cir.; 2016 U.S. App. LEXIS 8898).

    Mealey's IP/Tech - Federal Circuit Partly Reverses, Partly Affirms Patent Obviousness Ruling

    WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board (PTAB, or board) was only partly correct, the Federal Circuit U.S. Court of Appeals ruled May 18, reversing a determination by the PTAB that two claims of a motor mounting patent would have been obvious (Black & Decker Inc. v. Positec USA Inc., et al., Nos. 15-1646, -1647, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms: Patentee Status Not Conferred On Plaintiff

    WASHINGTON, D.C. - A California federal judge did not err in dismissing a patent infringement action on jurisdiction grounds because he properly concluded that the plaintiff in the action never received patentee status from an assignee, the Federal Circuit U.S. Court of Appeals ruled May 17 (Diamond Coating Technologies LLC v. Hyundai Motor America et al., Nos. 15-1844, -1861, Fed. Cir.; 2016 U.S. App. LEXIS 8971).

    Mealey's IP/Tech - Federal Circuit Reverses Invalidation Of Patents Under Section 101

    WASHINGTON, D.C. - Although Microsoft Corp. was properly determined to have not infringed one claim of a software patent, the Federal Circuit U.S. Court of Appeals on May 12 nonetheless reversed a California federal judge's findings that the patent and another that shares the same written description are directed to an abstract idea and therefore invalid under 35 U.S. Code Section 101 (Enfish LLC v. Microsoft Corp., et al., No. 15-2444, Fed. Cir.; 2016 U.S. App. LEXIS 8699).

    Mealey's IP/Tech - 2nd Circuit Rejects Antitrust, Lanham Act Claims Involving Drug

    NEW YORK - A false advertising and antitrust dispute between two drug makers over the efficacy of tablets and capsules in controlling somnolence - a common side effect for users of the anti-spasticity drug tizanidine - was properly resolved by two New York federal judges, the Second Circuit U.S. Court of Appeals concluded May 16 (Apotex Inc. v. Acorda Therapeutics Inc., No. 14-4353, 2nd Cir.; 2016 U.S. App. LEXIS 8915).

    Mealey's IP/Tech - Federal Judge Says Navajo Trademarks Lack Fame For Dilution Claims

    ALBUQUERQUE, N.M. - The trademarks for Navajo products are not famous enough to be diluted by tarnishment or blurring by the sale of nontribal goods with the same name, a New Mexico federal judge ruled May 13 in granting partial summary judgment to trademark infringement defendant companies (The Navajo Nation, et al. v. Urban Outfitters, Inc., et al., No. 12-195, D. N.M.; 2016 U.S. Dist. LEXIS 63599).

    Mealey's IP/Tech - 9th Circuit Reverses, Remands Trade Dress Preemption Ruling

    SAN FRANCISCO - A California federal judge erroneously deemed an allegation of trade dress infringement preempted by the Copyright Act, the Ninth Circuit U.S. Court of Appeals concluded May 13 (Mercado Latino Inc. v. Indio Products Inc., No. 13-57009, 9th Cir.; 2016 U.S. App. LEXIS 8846).

    Mealey's IP/Tech - Federal Circuit Affirms Trademark Board Refusal To Register Mark

    WASHINGTON, D.C. - Finding "no harmful legal error" in a decision by the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) that upheld a refusal to register a stylized form of the "Churrascos" trademark, the Federal Circuit U.S. Court of Appeals on May 13 affirmed, deeming the mark generic (In re: Cordua Restaurants Inc., No. 15-1432, Fed. Cir.; 2016 U.S. App. LEXIS 8783).

    Mealey's IP/Tech - Split High Court Remands Fair Credit Reporting Act Suit For 'Concreteness' Finding

    WASHINGTON, D.C. - A U.S. Supreme Court majority on May 16 reversed a ruling by the Ninth Circuit U.S. Court of Appeals related to class claims against an online data aggregator under the Fair Credit Reporting Act (FCRA), finding that although the appeals court considered whether a lead plaintiff alleged an injury in fact that was sufficiently particularized to establish standing under Article III of the U.S. Constitution, the court did not properly weight the claims' concreteness under the act (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.; 2016 U.S. LEXIS 3046).

    Mealey's IP/Tech - Investor's Defamation Suit Over Postings Survives Dismissal, Removal Motions

    NEW HAVEN, Conn. - A Connecticut investment expert has sufficiently stated his libel and defamation claims against two defendants that were purportedly involved in an online smear campaign against him, a Connecticut federal judge ruled May 10, denying a motion to dismiss (Gregory Imbruce v. Teri Buhl, et al., No. 3:15-cv-00554, D. Conn.; 2016 U.S. Dist. LEXIS 61533).

    Mealey's IP/Tech - Alcatel-Lucent Seeks Inter Partes Review Of Adaptix Patent

    ALEXANDRIA, Va. - In a petition for inter partes review filed May 11 with the Patent Trial and Appeal Board, Alcatel-Lucent USA Inc. takes aim at a patent directed to the allocation of frequency channels, called "subcarriers," to subscribers (Alcatel-Lucent USA Inc. v. Adaptix Inc., No. IPR2016-01030, PTAB).

    Mealey's IP/Tech - Federal Circuit Affirms Noninfringement Findings In Patent Dispute

    WASHINGTON, D.C. - Arguments by two patent plaintiffs that a New Jersey federal judge erroneously construed various disputed terms in a hip implant socket assembly patent were rejected May 12 by the Federal Circuit U.S. Court of Appeals (Howmedica Osteonics Corp., et al. v. Zimmer Inc., et al., Nos. 15-1232, -1234, -1239, Fed. Cir.; 2016 U.S. App. LEXIS 8701).

    Mealey's IP/Tech - Cisco Hit With $23.7M Verdict In Network Surveillance Patent Suit

    WILMINGTON, Del. - A federal jury in Delaware on May 12 found that Cisco Systems Inc. willfully infringed two patents related to network security and surveillance, awarding the plaintiff $23.7 million in "reasonable royalty" damages, while also deeming the patents in suit to be valid (SRI International Inc. v. Cisco Systems Inc., No. 1:13-cv-01534, D. Del.).

    Mealey's IP/Tech - PTAB Partly Reverses, Partly Affirms Patent Examiner's Rejection

    ALEXANDRIA, Va. - Seven claims of a patent that discloses a system that provides a personalized messaging advertisement service by using information stored in a smart card were erroneously rejected as anticipated, the Patent Trial and Appeal Board ruled May 11 (Ex parte Seung Hwan Kim, Appeal No. 2013-009202, PTAB).