LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent

WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it "failed to articulate a reason why" a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art...

Mealey's IP/Tech - Supreme Court Vacates Patent Judgment, Cites Samsung Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 remanded a dispute over the patented ornamental design of a lip and hinge plate for a dock leveler to the Federal Circuit U.S. Court of Appeals, in light of the Supreme Court's Dec. 6 ruling in Samsung Electronics Co. Ltd., et al. v. Apple Inc...

Mealey's IP/Tech - Federal Circuit Partly Affirms, Vacates In Dispute Over Patented Power Chips

WASHINGTON, D.C. - Citing a Delaware federal judge's incorrect instruction to jurors regarding the law on inducement, the Federal Circuit U.S. Court of Appeals on Dec. 12 vacated a verdict of infringement of two patents (Power Integrations Inc. v. Fairchild Semiconductor International Inc., et al...

Mealey's IP/Tech - Video-Streaming Firm Enjoined From Editing Movies In Copyright Suit

LOS ANGELES - A video-on-demand (VOD) provider was hit with a preliminary injunction by a California federal judge Dec. 12 that prevents the firm from streaming, copying or editing works owned by the plaintiff movie studios, which accuse the company of infringement and circumventing their works'...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Cancellation Of Service Marks By Board

WASHINGTON, D.C. - In a ruling issued Dec. 12, the Federal Circuit U.S. Court of Appeals indicated its disagreement with the "approach" taken by the Trademark Trial and Appeal Board when it required a service mark owner to demonstrate use of its marks in connection with personnel placement...

Mealey's IP/Tech - 6th Circuit: Trademark Claims By Disc Jockey Against Rapper, Others Fail

CINCINNATI - A Michigan federal judge did not err in rejecting allegations of trademark infringement levied in connection with a rapper's use of the stage name "Logic" because a plaintiff disc jockey operating as "DJ Logic" failed to demonstrate that consumers would likely be...

Mealey's IP/Tech - California High Court: Online Travel Firms Are Not 'Operators' In Tax Dispute

SAN DIEGO - Affirming two lower courts' rulings, the California Supreme Court on Dec. 12 determined that online travel companies (OTCs) do not meet the definition of hotel "operators" in a San Diego tax ordinance and, thus, are not liable for paying transient occupancy tax amounts assessed...

Mealey's IP/Tech - Cisco's Ethernet Copyright, Patent Claims Defeated In California Federal Verdict

SAN JOSE, Calif. - Claims of copyright and patent infringement brought by Cisco Systems Inc. against a competitor in the Ethernet switch market were rejected in a California federal jury's verdict Dec. 14, with the jury deeming the material not copyright protectable as scenes a faire and finding...

Mealey's IP/Tech - Supreme Court To Hear Case On Patent Infringement Action Venue Statutes

WASHINGTON, D.C. - In a Dec. 14 order list, the U.S. Supreme Court granted certiorari to a patent infringement defendant to decide the standard for determining the proper venue for such infringement suits to be brought against a corporate entity (TC Heartland LLC d/b/a Heartland Food Products Group v...

Mealey's IP/Tech - California Federal Jury: Apple Infringed Valid Patents, Owes $7.3 Million

SAN FRANCISCO - A jury empaneled before U.S. Magistrate Judge Nathaniel M. Cousins of the Northern District of California sided squarely against Apple Inc. on Dec. 15, deeming the tech giant an infringer of two valid patents and awarding Core Wireless Licensing S.a.r.L. $7.3 million in reasonable royalty...

Mealey's IP/Tech - Federal Circuit: Inherent Anticipation Ruling In Patent Case Was Erroneous

WASHINGTON, D.C. - A Wisconsin federal judge's finding that two patents were inherently anticipated by prior art was vacated Dec. 15 by the Federal Circuit U.S. Court of Appeals on the basis that genuine disputes of material fact should have precluded summary judgment (U.S. Water Services Inc., et...

Mealey's IP/Tech - Patent Injunction, Default Judgment Upheld By Federal Circuit

WASHINGTON, D.C. - A permanent injunction barring an infringement and unfair competition defendant from using a washer mold as well as various images of a plaintiff's patented products was not overly broad, the Federal Circuit U.S. Court of Appeals concluded Dec. 15 (United Construction Products...

Mealey's IP/Tech - Record Labels Ask High Court To Hear Dispute On DMCA Immunity For Pre-1972 Works

WASHINGTON, D.C. - In a Dec. 14 petition for certiorari, a group of record labels ask the U.S. Supreme Court to decide whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA) provides for internet service providers apply to sound recordings...

Mealey's IP/Tech - Ashley Madison Operator, FTC Agree To $8.75M Judgment On Deceptive Acts Claims

WASHINGTON, D.C. - On Dec. 14, the Federal Trade Commission and the operator of the Ashley Madison website filed a joint motion in District of Columbia federal court, seeking entry of a stipulated order on claims over the site operator's lapses in security that led to a 2015 data breach and its practice...

Mealey's IP/Tech - New York Appeals Court: No Common-Law Public Performance Right

ALBANY, N.Y. - A divided New York Court of Appeals on Dec. 20 answered "no" to the question of whether a right of public performance exists for creators of pre-1972 sound recordings under New York common law (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 172, N.Y. App.).

Mealey's IP/Tech - 4th Circuit Upholds Enhanced Award For DirecTV In Trademark Case

RICHMOND, Va. - A North Carolina federal judge did not err in rejecting a jury award of $760,000 in favor of a marketing company that had accused DirecTV LLC of violating the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), the Fourth Circuit U.S. Court of Appeals ruled Dec. 29 (Exclaim...

Mealey's IP/Tech - Judge Declines To Stay Injunction On Video-Streaming Service Pending Appeal

LOS ANGELES - A California federal judge on Dec. 29 declined to stay pending appeal a preliminary injunction issued against a video on demand (VOD) provider, finding that the balance of hardships weighed in favor of the plaintiff movie studios that have demonstrated a likelihood of success on their copyright...

Mealey's IP/Tech - Federal Circuit Will Rehear Patent Dispute Between Wi-Fi One, Broadcom

WASHINGTON, D.C. - The continued viability of Achates Reference Publishing Inc. v. Apple Inc. (803 F.3d 652 [Fed. Cir. 2015]) will soon be debated in light of a Jan. 4 decision by the Federal Circuit U.S. Court of Appeals to rehear, en banc, a dispute involving a data transmission patent (Wi-Fi One LLC...

Mealey's IP/Tech - Federal Circuit Upholds Rejection, Says Stent Patent Is Obvious

WASHINGTON, D.C. - Finding no error in a ruling by the Patent Trial and Appeal Board that invalidated, on obviousness grounds, 22 claims of a patented method of maintaining drugs delivered via drug-eluting stent, a divided Federal Circuit U.S. Court of Appeals on Jan. 3 affirmed (In re: Ethicon Inc....

Mealey's IP/Tech - Chief Justice Issues Post-Argument Recusal In Patent Case

WASHINGTON, D.C. - In a letter sent to counsel on Jan. 4, Chief Justice G. John Roberts Jr. revealed that despite his December participation in oral arguments, he will take no part in the U.S. Supreme Court's upcoming decision in the patent dispute between Life Technologies Corp. and Promega Corp...

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case

WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications...

Mealey's IP/Tech - Texas Magistrate Judge Largely Rules Against Google In Chrome Patent Case

MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology...

Mealey's IP/Tech - Federal Circuit Upholds Stipulations Of Patent Invalidity, Noninfringement

WASHINGTON, D.C. - A Delaware federal judge did not err in construing "seal," "prevent" and other phrases of four patents relating to vehicular tilt control apparatuses, the Federal Circuit U.S. Court of Appeals ruled Jan. 9 (Cloud Farm Associates LP v. Volkswagen Group of America...

Mealey's IP/Tech - 5th Circuit Affirms: State Law Claim Preempted By Copyright Act

NEW ORLEANS - In a Jan. 11 ruling, the Fifth Circuit U.S. Court of Appeals upheld a Texas federal judge's determination that a state law claim of unfair competition by misappropriation - levied in connection with allegations of stolen instructional drawings - is preempted by the Copyright Act (Ultraflo...

Mealey's IP/Tech - Federal Circuit Says Patent Challenger Lacks Standing To Appeal

WASHINGTON, D.C. - An appellant seeking to challenge a final written decision by the Patent Trial and Appeal Board that confirmed the validity of a conjugated antibody patent was turned away on Jan. 9 by the Federal Circuit U.S. Court of Appeals (Phigenix Inc. v. ImmunoGen Inc., No. 16-1544, Fed. Cir...