LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Professional Services Exclusion Does Not Apply, Federal Judge Reiterates

    CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use the competitor's copyrighted material and other confidential information (Caveo, LLC v. Citizens Insurance Company of America, Inc., et al., No. 15-6200, N.D. Ill., 2017 U.S. Dist. LEXIS 95432).

    Mealey's IP/Tech - Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act

    SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement in relation to certain designs significantly threatened or harmed competition (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist. LEXIS 95000).

    Mealey's IP/Tech - Delaware Federal Jury Awards $235 Million On Patent Infringement Claims

    WILMINGTON, Del. - A drug maker was ordered June 20 by a jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware to pay GlaxoSmithKline PLC (GSK) $235.5 million in damages in connection with its marketing of generic Coreg as a treatment for chronic heart failure (CHF) (GlaxoSmithKline PLC v. Teva Pharmaceuticals USA Inc., No. 14-877, D. Del.).

    Mealey's IP/Tech - Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict

    SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled June 20 (VHT Inc. v. Zillow Group Inc., No. 15-1096, W.D. Wash.; 2017 U.S. Dist. LEXIS 95010).

    Mealey's IP/Tech - High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit

    WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over him in a copyright infringement lawsuit brought by a group of record labels (Michael Robertson v. EMI Christian Music Group, et al., No. 16-1227, U.S. Sup., 2017 U.S. LEXIS 3969).

    Mealey's IP/Tech - Grant Of Priority By Patent Board Upheld By Federal Circuit

    WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that a high amount of experimentation is necessary to synthesize a claimed compound for treating hepatitis C and that a provisional application did not enable the interference subject matter were affirmed June 21 by the Federal Circuit U.S. Court of Appeals (Richard Storer, et al. v. Jeremy Clark, No. 15-1802, Fed. Cir.).

    Mealey's IP/Tech - Crossbow Assembly Targeted In New Petition For Inter Partes Review

    ALEXANDRIA, Va. - The Patent Trial and Appeal Board was asked June 19 to review the patentability of a release assembly for a crossbow on grounds that the assembly was anticipated by a prior art crossbow marketed as "Stryker" (Ravin Crossbows v. Precision Shooting Equipment Inc., No. IPR2017-01640, PTAB).

    Mealey's IP/Tech - Patent Board Enters Adverse Judgment, Cancels Claims

    ALEXANDRIA, Va. - At the request of a patent owner, the Patent Trial and Appeal Board on June 19 entered an adverse judgment, canceling eight claims of a semiconductor patent (Broadcom Limited v. Tessera Inc., No. IPR2017-00889, PTAB).

    Mealey's IP/Tech - California Federal Judge Won't Strike Patent Infringement Counterclaim

    SAN FRANCISCO - A motion by declaratory judgment plaintiff Comcast Cable Communications to strike with prejudice infringement contentions relating to five patents was denied June 20 by a California federal judge (Comcast Cable Communications v. OpenTV Inc. and Nagravision SA, No. 16-6180, N.D. Calif., 2017 U.S. Dist. LEXIS 94117).

    Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Case, Finds Jurisdiction Lacking

    WASHINGTON, D.C. - A Kansas federal judge's reliance, in dismissing on jurisdiction grounds, on a choice-of-law provision in a nondisclosure agreement (NDA) between a patent owner and a potential licensee was not erroneous, the Federal Circuit U.S. Court of Appeals ruled June 19 (NexLearn LLC v. Allen Interactions Inc., No. 16-2170, Fed. Cir., 2017 U.S. App. LEXIS 10735).

    Mealey's IP/Tech - Supreme Court Denies Review Of Patent Definiteness Standard

    WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court rejected a petition for certiorari in a case questioning the general rule that each element in a patent claim is material to an invention's scope when assessing definiteness under Section 112 of the Patent Act, 35 U.S. Code 112 (Cox Communications Inc., et al. v. Sprint Communications Company LP, et al., No. 16-1106, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In Copyright Preemption Case

    WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court announced that it will not review a Fifth Circuit U.S. Court of Appeals holding that Section 301(a) of the Copyright Act, 17 U.S.C. 301(a), preempts state law claims relating to ideas expressed in tangible media (Ultraflo Corp. v. Pelican Tank Parts Inc., et al., No. 16-1085, U.S. Sup.).

    Mealey's IP/Tech - Judge Refuses To Strike Answer To Tax Firm's Infringement, UCL Claims

    SAN FRANCISCO - A California federal judge on June 16 partially granted a tax firm's motion to strike parts of an answer to its complaint in which it asserts that various defendants infringed on its trademarks and violated California's unfair competition law (UCL), but refused to strike parts of the answer that assert an affirmative defense such as unclean hands or other equitable defense (Anderson Tax LLC v. Stephane Laffont-Reveilhac, et al., No. 17-cv-01311-EMC, N.D. Calif., 2017 U.S. Dist. LEXIS 93298).

    Mealey's IP/Tech - Federal Circuit Affirms: Method Of Testing Bodily Samples Not Patent Eligible

    WASHINGTON, D.C. - An Ohio federal judge did not err in deeming three patents for testing bodily samples for myeloperoxidase (MPO) ineligible for patent protection under the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled June 16 (Cleveland Clinic Foundation, et al. v. True Health Diagnostics LLC, No. 16-1766, Fed. Cir., 2017 U.S. App. LEXIS 10672).

    Mealey's IP/Tech - Supreme Court Denies Certiorari In Dancing Baby Copyright Case

    WASHINGTON, D.C. - Following a May amicus curiae brief from the U.S. government urging that certiorari be denied in a longstanding copyright dispute over a viral video, the U.S. Supreme Court on June 19 indicated that it will not hear the case (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Affirms: Disparagement Clause Violates The Constitution

    WASHINGTON, D.C. - In a ruling announced June 19, the U.S. Supreme Court agreed with the Federal Circuit U.S. Court of Appeals that the disparagement clause of the Lanham Act, 15 U. S. C. 1052(a), which bars registration of trademarks deemed disparaging, violates the free speech clause of the First Amendment because trademarks "are private, not government, speech" (Matal, Interim Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).

    Mealey's IP/Tech - Supreme Court Deems North Carolina Sex Offender Social Media Ban Unconstitutional

    WASHINGTON, D.C. - While acknowledging the importance of enacting laws to protect children from sexual predators online, the U.S. Supreme Court on June 19 issued majority and concurring opinions finding that a North Carolina sex offender registry law violates the First Amendment to the U.S. Constitution because it "impermissibly restricts lawful speech" and is not sufficiently tailored (Lester Gerard Packingham v. State of North Carolina, No. 15-1194, U.S. Sup., 2017 U.S. LEXIS 3871).

    Mealey's IP/Tech - Patent Board Deems 15 Claims Unpatentable As Anticipated, Obvious

    ALEXANDRIA, Va. - In a final written decision issued June 14, the Patent Trial and Appeal Board agreed with a petitioner that 15 claims of a patented subsea Christmas tree system for use in oil and gas wells are unpatentable pursuant to Section 102 and 103 of the Patent Act, 35 U.S.C. 1 et seq. (FMC Technologies Inc. v. OneSubsea IP UK Limited, No. IPR2016-00328, PTAB).

    Mealey's IP/Tech - 'Guppie' Trademark Owners Argue Reverse Confusion By Viacom To 6th Circuit

    CINCINNATI - A Michigan couple who sell the "Guppie Kid" children's clothing line argue in a June 14 brief in the Sixth Circuit U.S. Court of Appeals that clothing related to the Nickelodeon show "Bubble Guppies" infringed their trademarks by overwhelming their senior marks via reverse confusion (Debbie Rohn, et al. v. Viacom International Inc., et al., No. 17-1225, 6th Cir.).

    Mealey's IP/Tech - ARRIS Seeks Inter Partes Review Of Digital Broadcasting Patent

    ALEXANDRIA, Va. - Three claims of a Sony Corp. patented system for supplying digital signals are unpatentable as anticipated and obvious, a June 14 petition for inter partes review with the Patent Trial and Appeal Board asserts (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2017-01596, PTAB).

    Mealey's IP/Tech - Oregon Federal Judge Dismisses Willful Patent Infringement Claim

    PORTLAND, Ore. - In a June 12 ruling, an Oregon federal judge agreed with Skechers USA Inc. that a patent complaint by Adidas AG fails to adequately state a claim for willful infringement (Adidas AG v. Skechers USA Inc., No. 16-1400, D. Ore., 2017 U.S. Dist. LEXIS 89752).

    Mealey's IP/Tech - No Irreparable Harm Showing Leads To Denial Of Injunction In Trade Secrets Suit

    WEST PALM BEACH, Fla. - A software company has failed to show that it will suffer irreparable harm unless an injunction is issued preventing defendants in a misappropriation of trade secrets and copyright infringement lawsuit from continuing to misappropriate the company's confidential and proprietary information a federal judge in Florida ruled June 12 in denying the company's motion for preliminary injunction (Compulife Software Inc. v. Moses Newman, et al., No. 16-81942, S.D. Fla., 2017 U.S. Dist. LEXIS 89674).

    Mealey's IP/Tech - New York Federal Judge Rejects Bid For Dismissal Of Copyright Claims

    NEW YORK - Efforts by Justin Timberlake and other defendants to dismiss a request for copyright infringement damages occurring before Feb. 17, 2013, were denied June 13 by a New York federal judge (PK Music Performance Inc. v. Justin Timberlake, et al., No. 16-1215, S.D. N.Y., 2017 U.S. Dist. LEXIS 90562).

    Mealey's IP/Tech - Copyright Claim Over Reposted Skyline Photo Dismissed Against Government Official

    INDIANAPOLIS - A photographer failed to establish any individual liability against the director of a government agency related to the unauthorized posting of a copyrighted photograph, an Indiana federal judge ruled June 12, granting dismissal of infringement and unfair competition claims against the official (Richard N. Bell v. David N. Powell, et al., No. 1:16-cv-02491, S.D. Ind., 2017 U.S. Dist. LEXIS 89587).

    Mealey's IP/Tech - Judge Deems Winn-Dixie's Website Not Accessible To The Blind Under The ADA

    MIAMI - Ruling in favor of a legally blind man, a Florida federal judge on June 13 found that a supermarket chain's website was not accessible to visually impaired patrons and ordered the chain to undertake remediation measures to bring its site in compliance with the guidelines of the Americans with Disabilities Act (ADA) (Juan Carlos Gil v. Winn-Dixie Stores Inc., No. 1:16-cv-23020, S.D. Fla., 2017 U.S. Dist. LEXIS 90204).