LexisNexis® Legal Newsroom
    Mealey's IP/Tech - University, Publishers Argue Fair Use In Electronic Works Posting In 11th Circuit

    ATLANTA - On the second appeal regarding the alleged copyright infringement of educational materials by electronic posting of their excerpts by Georgia State University (GSU) faculty, the university argues in a Feb. 6 appellee brief that a trial court judge correctly determined fair use of the works at issue by finding that the postings had not led to market substitution of the works (Cambridge University Press, et al. v. Georgia State University, et al., No. 16-15726, 11th Cir.).

    Mealey's IP/Tech - 2nd Circuit Partly Vacates Dismissal Of Antitrust Claims In Patent Dispute

    NEW YORK - A New York federal judge's decision to dismiss allegations that Takeda America Holdings Inc., Takeda Pharmaceuticals U.S.A. Inc., Takeda Development Center Americas Inc. and Takeda Pharmaceuticals Co. Ltd. (Takeda, collectively) violated state law analogs of the Sherman Act, 15 U.S.C. 2, by preventing competitors from marketing a generic version of the diabetes drug ACTOS was partly vacated by the Second Circuit U.S. Court of Appeals Feb. 8 (In re: ACTOS End-Payor Antitrust Litigaiton, No. 15-3364, 2nd Cir., 2017 U.S. App. LEXIS 2291).

    Mealey's IP/Tech - Federal Circuit Vacates Patent Board Rulings, Citing Covenant Not To Sue

    WASHINGTON, D.C. - In a Feb. 9 holding, the Federal Circuit U.S. Court of Appeals found that a party seeking re-examination of two can coating patents did have standing to appeal a final decision by the Patent Trial and Appeal Board because there was an Article III case or controversy between the parties at the time the appeal was filed (PPG Industries Inc. v. Valspar Sourcing Inc., Nos. 16-1406, -1409, Fed. Cir.).

    Mealey's IP/Tech - Counterclaims Did Not Allege Advertising Injury, 10th Circuit Affirms

    ATLANTA - The 10th Circuit U.S. Court of Appeals on Feb. 8 found that underlying counterclaims against an insured failed to assert facts that constituted an "advertising injury" under general liability and excess insurance policies, affirming a lower federal court's finding that the insurer did not have a duty to defend its insured (IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., No. 16-15127, 11th Cir., 2017 U.S. App. LEXIS 2218).

    Mealey's IP/Tech - California Federal Judge: Plaintiff Not Barred From Calling Products Similar

    LOS ANGELES - A defense motion in limine seeking to prevent a plaintiff from referring to an allegedly infringing jewelry line as "similar" to a jewelry line made by the plaintiff was denied Feb. 6 by a California federal judge (Brighton Collectibles LLC v. Believe Production Inc., No. 15-579, C.D. Calif., 2017 U.S. Dist. LEXIS 16594).

    Mealey's IP/Tech - Texas Federal Judge Adopts Report, Grants Relief In Patent Case

    MARSHALL, Texas - Findings by a Texas federal magistrate judge that Mylan Institutional LLC and Apicore US LLC (Mylan, collectively) are entitled to a preliminary injunction barring competitors from making and selling generic isosulfan blue were adopted in full Feb. 7 by a Texas federal judge (Mylan Institutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd., et al., No. 16-491, E.D. Texas, 2017 U.S. Dist. LEXIS 16797).

    Mealey's IP/Tech - In Final Decision, Patent Board Upholds Rejection Of Patent Claims

    ALEXANDRIA, Va. - A patent examiner properly rejected 20 claims of an invention relating to a touch pad enablement in an information handling system as unpatentable under the Patent Act, 35 U.S.C. 103(a), the Patent Trial and Appeal Board ruled Feb. 7 (Ex parte Erin K. Walline and Robert C. Nerhood II, No. 2016-002625, PTAB).

    Mealey's IP/Tech - Complaint Fails To Allege Personal, Advertising Injury, Federal Judge Rules

    CHICAGO - In granting an insurer's motion for summary judgment, California federal judge on Feb. 2 held that underlying claims that an insured violated the Uniform Trade Secrets Act, intentionally inferred with contractual relations and prospective business advantage and engaged in unfair competition and civil conspiracy fail to trigger an insurance policy's "personal and advertising injury" coverage (Sentinel Insurance Co. v. Yorktown Industries Inc., No. 14-4212, N.D. Ill., 2017 U.S. Dist. LEXIS 14439).

    Mealey's IP/Tech - Patent Board Turns Away Fujitsu Patent Challenge

    ALEXANDRIA, Va. - In a ruling issued Jan. 31, the Patent Trial and Appeal Board rejected assertions by Fujitsu Network Communication Inc. that a patented cross-polarization interference canceler (XPIC) is unpatentable under the Patent Act, 35 U.S.C. 103(a) (Fujitsu Network Communication Inc. v. Core Optical Technologies LLC, No. IPR2016-01618, PTAB).

    Mealey's IP/Tech - California Federal Magistrate Judge Won't Allow Amended Patent Complaint

    SAN FRANCISCO - Efforts by a plaintiff to file an amended complaint to address an adverse claim construction ruling were rejected Jan. 30 by a California federal magistrate judge (VIA Technologies Inc. v. Asus Computer International, No. 14-3586, N.D. Calif., 2017 U.S. Dist. LEXIS 12614).

    Mealey's IP/Tech - Patent Claims Against Automakers Dismissed By New York Federal Judge

    NEW YORK - Allegations that myriad automakers - including Ford Motor Co., Toyota Motor Corp. and General Motors LLC - infringed a patented book holder were dismissed Feb. 1 by a New York federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6) (Chikezie Ottah v. BMW, et al., No. 15-2465, S.D. N.Y., 2017 U.S. Dist. LEXIS 14074).

    Mealey's IP/Tech - $500M Verdict Returned In Trade Secrets Trial Involving Virtual Reality Software

    DALLAS - A Texas federal jury on Feb. 1 ordered four defendants - including Facebook Inc. - to pay a combined $500 million in actual damages to two virtual reality (VR) technology companies for copyright and trademark infringement, conversion, violations of a nondisclosure agreement and false designation (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div.).

    Mealey's IP/Tech - Sony Tells Patent Board Fujifilm Patent Is Obvious, Anticipated By Prior Art

    ALEXANDRIA, Va. - Six claims of a Fujifilm Corp. patent are unpatentable under the Patent Act, 35 U.S.C. 102(b) and 103(a), Sony Corp. alleges in a Jan. 30 petition for inter partes review by the Patent Trial and Appeal Board (Sony Corporation v. Fujifilm Corporation, No. IPR2017-00809, PTAB).

    Mealey's IP/Tech - Lanham Act Claims Over Political Ad Dismissed, Copyright Claims Survive

    WASHINGTON, D.C. - A District of Columbia federal judge on Jan. 31 refused to decide the question of whether inclusion of an altered, copyrighted song in a 30-second advertisement critical of former Wisconsin Sen. Russ Feingold qualifies as a fair use under the Copyright Act, 17 U.S.C. 107, deeming such a determination inappropriate in response to a motion to dismiss (Roger Nichols, et al. v. Club for Growth Action, No. 16-220, D. D.C., 2017 U.S. Dist. LEXIS 12820).

    Mealey's IP/Tech - Following Bench Trial, Delaware Federal Judge Deems Patents Invalid

    WILMINGTON, Del. - In a consolidated patent dispute over plans by myriad defendants to market and sell generic Copaxone, a Delaware federal judge on Jan. 30 deemed the four patents that cover the brand-name drug invalid under the Patent Act, 35 U.S.C. 103(a) (In re: Copaxone Consolidated Cases, No. 14-1171, D. Del., 2017 U.S. Dist. LEXIS 12168).

    Mealey's IP/Tech - Michigan Federal Judge Overturns Verdict In Favor Of False Advertising Plaintiff

    GRAND RAPIDS, Mich. - A May 2016 jury verdict that a defendant committed false advertising and corresponding $3.8 million award were thrown out on Jan. 30 by a Michigan federal judge (A.L.S. Enterprises Inc. v. Robinson Outdoor Products LLC, No. 14-500, W.D. Mich., 2017 U.S. Dist. LEXIS 11946).

    Mealey's IP/Tech - Video-Streaming Company Tells 9th Circuit Its Movie-Filtering Service Is Fair Use

    SAN FRANCISCO - Appealing a trial court injunction preventing it from providing content-filtered copies of four movie studios' films to its customers, a video-on-demand (VOD) provider told the Ninth Circuit U.S. Court of Appeals in a Jan. 27 brief that its services constitute fair use under the Copyright Act and are specifically protected by the Family Home Movie Act (FMA) (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).

    Mealey's IP/Tech - Florida Federal Judge Sides With Ford In Trade Dress, Infringement Case

    ORLANDO, Fla. - Allegations that Ford Motor Co. committed tortious interference were rejected Jan. 30 by a Florida federal judge, who found that trademark and trade dress-related demand letters sent by the automaker to distributors of allegedly infringing products were not objectively baseless (Silverhorse Racing LLC v. Ford Motor Company, No. 16-53, M.D. Fla., 2017 U.S. Dist. LEXIS 12213).

    Mealey's IP/Tech - 7th Circuit Affirms: Shape, Design Of Bag Are Functional

    CHICAGO - Allegations of trade dress infringement by the maker of personal care kits were properly rejected by an Illinois federal judge, the Seventh Circuit U.S. Court of Appeals concluded Jan. 27 (Arlington Specialties Inc. v. Urban Aid Inc., No. 14-3416, 7th Cir., 2017 U.S. App. LEXIS 1506).

    Mealey's IP/Tech - 9th Circuit: Insurer Has Duty To Defend Against Product Disparagement Claims

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Jan. 27 affirmed a lower federal court's judgment against an insurer on an insured's breach of contract and bad faith claims, finding that the insurer has a duty to defend its insured against two underlying product disparagement lawsuits brought by competitors (Millennium Laboratories, Inc. v. Darwin Select Insurance Co., No. 15-55227, 9th Cir., 2017 U.S. App. LEXIS 1533).

    Mealey's IP/Tech - Apple Seeks Rehearing In 9th Circuit IPhone App Store Antitrust Class Action

    SAN FRANCISCO - In a Jan. 26 brief, Apple Inc. asks the Ninth Circuit U.S. Court of Appeals to rehear, or rehear en banc, a putative class action alleging price fixing and monopolization related to the selling of iPhone apps in its App Store, arguing that a panel decision did not properly apply controlling case law and unnecessarily created a circuit split (In re Apple iPhone Antitrust Litigation, No. 14-15000, 9th Cir.).

    Mealey's IP/Tech - Illinois Federal Judge: Australian Must Defend Trademark Claims In United States

    CHICAGO - Efforts by an individual defendant accused of trademark infringement to obtain dismissal on jurisdictional grounds were rejected Jan. 25 by an Illinois federal judge, who noted that the person - as owner and director of a co-defendant corporation - would be "be significantly involved in the case regardless of the claims against him personally" (Deckers Outdoor Corporation v. Australian Leather Pty. Ltd., et al., No. 16-3676, N.D. Ill.; 2017 U.S. Dist. LEXIS 11087).

    Mealey's IP/Tech - Federal Circuit Vacates Injunction, Claim Construction In Patent Case

    WASHINGTON, D.C. - A preliminary injunction granted by an Illinois federal judge was premised on an erroneous construction of the disputed claim term "controller" as it appears in a patent relating to garage door openers, the Federal Circuit U.S. Court of Appeals ruled Jan. 25 (The Chamberlain Group Inc. v. Techtronic Industries North America Inc., et al., Nos. 16-2713, 17-1220, Fed. Cir.; 2017 U.S. App. LEXIS 1294).

    Mealey's IP/Tech - Federal Circuit Upholds Denial Of Damages Claim In Patent Dispute

    WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded Jan. 26 (Securus Technologies Inc. v. Global Tel*Link Corporation, Nos. 16-1470, -1506, Fed. Cir.; 2017 U.S. App. LEXIS 1376).

    Mealey's IP/Tech - Patent Board Affirms: Genetically Modified Plant Patent Is Obvious

    ALEXANDRIA, Va. - An examiner's rejection on obviousness grounds of a method for genetically modifying plants was not erroneous, the Patent Trial and Appeal Board ruled Jan. 26 (Ex parte Monika Liljedahl, et al., No. 2014-009486, PTAB).