LexisNexis® Legal Newsroom
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...

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...

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...

Mealey's IP/Tech - Federal Circuit Vacates Claim Construction By Patent Board

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various claims of two patents covering a computer memory module are unpatentable were vacated and remanded July 25 by the Federal Circuit U.S. Court of Appeals (Netlist Inc. v. Diablo Technologies Inc., Nos. 16-1742, -1743, -1744 Fed...

Mealey's IP/Tech - Google Seeks Ruling Canadian Global Injunction Is Not Enforceable In United States

SAN JOSE, Calif. - A recent Canadian Supreme Court ruling requiring Google Inc. to remove from all of its worldwide sites links to a trade secret infringer's websites cannot be enforced in the United States, the internet giant argues in a July 24 complaint, asking a California federal court to grant...

Mealey's IP/Tech - Federal Circuit Affirms Obviousness Finding By Patent Board

WASHINGTON, D.C. - A patent owner on July 25 failed to persuade the Federal Circuit U.S. Court of Appeals to overturn a determination of obviousness by the Patent Trial and Appeal Board (Spherix Inc. v. U.S. Patent and Trademark Office, No. 16-1790, Fed. Cir., 2017 U.S. App. LEXIS 13357).

Mealey's IP/Tech - Texas Federal Judge Grants Motion To Amend Restaurant Franchisor's Trademark Suit

AUSTIN, Texas - A Texas federal judge on July 31 granted a motion to file a second amended complaint requested by restaurant franchisors and denied a restaurant group's motion to dismiss the trademark infringement lawsuit, saying that the defendant would not suffer undue prejudice and that it did...

Mealey's IP/Tech - Federal Circuit Says Evidence Lacking That SanDisk Intended To Deceive

WASHINGTON, D.C. - A California federal judge properly granted SanDisk LLC summary judgment on allegations that SanDisk intended to deceive the U.S. Patent and Trademark Office when procuring two patents relating to flash memory, the Federal Circuit U.S. Court of Appeals ruled July 27 (Alfred T. Giuliano...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Trademark Board 'Earnhardt' Ruling

WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board (TTAB) that the mark "Earnhardt Collection" is not primarily merely a surname may have relied on an improper application of In re: Hutchinson Technology Inc., the Federal Circuit U.S. Court of Appeals ruled July 27 (Teresa...

Mealey's IP/Tech - Federal Circuit Upholds Rejection Of Patent Infringement Claims

WASHINGTON, D.C. - A Connecticut federal judge did not err in finding that no reasonable juror could find that accused products using direct DNA and RNA detection infringe a patent covering indirect DNA and RNA detection, even under the doctrine of equivalents, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Judge Says UPS Franchisees Lack Standing To Bring False Advertising Claims

NEW YORK - A New York federal judge on Aug. 2 granted summary judgment to The UPS Store Inc., United Parcel Service and owners of Manhattan UPS stores accused of false advertising under the Lanham Act, saying that UPS franchisees lacked standing to bring their claims (The UPS Store, Inc., et al. v. Robert...

Mealey's IP/Tech - Divided Federal Circuit Reverses Rejection Of Patent Validity Challenge

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that confirmed the validity of a household blender patent was reversed Aug. 4 by a divided Federal Circuit U.S. Court of Appeals (Homeland Housewares LLC v. Whirlpool Corporation, No. 16-1511, Fed. Cir., 2017 U.S. App. LEXIS 14332).

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Obviousness, Anticipation Holding

WASHINGTON, D.C. - The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier...

Mealey's IP/Tech - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369...

Mealey's IP/Tech - With Jurisdiction Lacking, Writ Compelling Discovery Denied In Patent Case

WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which...

Mealey's IP/Tech - Federal Circuit: No Right To Jury Trial In Section 285 Disputes

WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney...

Mealey's IP/Tech - 9th Circuit: Alleged Harm From Inaccurate Online Listing Is Concrete Injury

SAN FRANCISCO - Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged...

Mealey's IP/Tech - Divided Federal Circuit Says Patent Recites A Technological Improvement

WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual...

Mealey's IP/Tech - Web Host Opposes DOJ's Warrant To Seize User Records From Activist Website

WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad...

Mealey's IP/Tech - LinkedIn Enjoined From Blocking Analytics Firm's Access To Data

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud...

Mealey's IP/Tech - 6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers

CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal...

Mealey's IP/Tech - 7th Circuit Agrees With Jury Verdict Of No Trademark Infringement

CHICAGO - Allegations that a defendant violated the Lanham Act when operating a "painting night" business under the name "Wine & Canvas" were properly rejected by jurors, the Seventh Circuit U.S. Court of Appeals ruled Aug. 17 (Wine & Canvas Development LLC, et al. v. Christopher...

Mealey's IP/Tech - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc...

Mealey's IP/Tech - Federal Circuit Affirms: Oracle Did Not Infringe Middleware Patent

WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S....

Mealey's IP/Tech - 5th Circuit Finds Yahoo Owes $4.4 Million In NCAA Contest Dispute

NEW ORLEANS - Reversing a $550,000 judgment in favor of Yahoo! Inc., a Fifth Circuit U.S. Court of Appeals panel on Aug. 21 found instead that Yahoo owed $4.4 million for breaching the cancellation terms of its contract with a promotions firm related to an online NCAA contest (SCA Promotions Inc. v....