LexisNexis® Legal Newsroom
Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Affirms Noninfringement Judgment

WASHINGTON, D.C. - In a reversal of its previous findings, the Federal Circuit U.S. Court of Appeals on Nov. 13 upheld a Wisconsin federal judge's decision to deny a new trial on damages and infringement of various genetic testing kit patents (Promega Corporation v. Life Technologies Corp., No. 13...

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

NEW ORLEANS - An allegation of unfair competition by misappropriation under Texas law was properly rejected by a Texas federal judge on the basis of federal preemption under the Copyright Act, 17 U.S.C. 101 et seq., and Patent Act, 35 U.S.C. 1 et seq., the Fifth Circuit U.S. Court of Appeals ruled Nov...

Mealey's IP/Tech - Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits

HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits...

Mealey's IP/Tech - TC Heartland Represents Change Of Law, Federal Circuit Concludes

WASHINGTON, D.C. - In granting a petition for mandamus by Micron Technology Inc. on Nov. 14, the Federal Circuit U.S. Court of Appeals resolved lingering uncertainty following the May 2017 U.S. Supreme Court ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, deeming the case an intervening change...

Mealey's IP/Tech - Refusal To Register 'Sensi' Trademark Upheld By Federal Circuit

WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board that the "Sensi" trademark in Class 5 of the Trademark Classifications for Goods and Services for diapers would likely cause confusion with two previously registered marks for "Sensi-Care" for use in connection with...

Mealey's IP/Tech - 9th Circuit Affirms: Use Of 'Empire' Mark Protected By 1st Amendment

SAN FRANCISCO - Two broadcasters were properly granted a summary judgment that their use of the name "Empire" is protected under the First Amendment to the U.S. Constitution, the Ninth Circuit U.S. Court of Appeals ruled Nov. 16 (Twentieth Century Fox Television, et al. v. Empire Distribution...

Mealey's IP/Tech - Federal Circuit Affirms Delayed Motion To Amend Dooms Patent Complaint

WASHINGTON, D.C. - A Florida federal judge's decision to dismiss a patent infringement complaint without prejudice following a plaintiff's delayed efforts to add a co-inventor was upheld by the Federal Circuit U.S. Court of Appeals on Nov. 17 (Cobra International Inc. v. BCNY International Inc...

Mealey's IP/Tech - Federal Circuit: Patent Board Properly Rejected Application As Anticipated

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 17 turned away an inventor's challenge to a decision by the Patent Trial and Appeal Board that rejected - as anticipated - various claims of a patent application (In re: C. Douglass Thomas, No. 17-1100, Fed. Cir., 2017 U.S. App...

Mealey's IP/Tech - Federal Circuit Remands Indefiniteness Holding By Delaware Federal Judge

WASHINGTON, D.C. - A judgment of patent invalidity based upon findings that certain language in a patented catalytic conversion system is indefinite was reversed Nov. 20 by the Federal Circuit U.S. Court of Appeals (BASF Corporation v. Johnson Matthey Inc., No. 16-1770, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Vacates Relief, Orders New Trial On Patent Damages

WASHINGTON, D.C. - Although affirming a California federal judge's determination that various claims of a capacitor patent are not indefinite under Section 112 of the Patent Act, 35 U.S.C. 112, the Federal Circuit U.S. Court of Appeals on Nov. 21 reversed an award of lost profits and grant of permanent...

Mealey's IP/Tech - Company's Claims In Trade Secrets, Copyright Suit Survive Motion To Dismiss

SHERMAN, Texas - A company has properly stated a claim for relief in seeking declaratory relief against several former employees and its direct competitor for alleged trade secret misappropriation and patent and copyright infringement, among other things, and its claims under the Copyright Act provide...

Mealey's IP/Tech - Federal Circuit Sides With Apple, Affirms Patent Claim Construction

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 22 upheld the claim construction of various disputed terms proffered by a California federal judge in a win for Apple Inc. (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).

Mealey's IP/Tech - Constitutionality Of Inter Partes Review Procedure Debated By Supreme Court

WASHINGTON, D.C. - In a case that could upend the landscape for patent litigants globally, the U.S. Supreme Court heard oral arguments Nov. 27 in a dispute over the constitutionality of inter partes review (IPR) proceedings by the U.S. Patent and Trademark Office (PTO's) Patent Trial and Appeal Board...

Mealey's IP/Tech - Supreme Court Hears Arguments In Dispute Over Scope Of Inter Partes Review

WASHINGTON, D.C. - Once the Patent Trial and Appeal Board agrees to institute inter partes review (IPR), it must address in its final written decision all claims challenged in the underlying petition, an attorney for software developer SAS Institute Inc. told the U.S. Supreme Court Nov. 27 during oral...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Registrations For 'Magnesita' Trademarks

WASHINGTON, D.C. - A decision by the Trademark Trial and Appeal Board to deny two trademark registration applications for "Magnesita" on grounds that the marks are generic for refractory products was not erroneous, the Federal Circuit U.S. Court of Appeals concluded Nov. 27 (In re: Magnesita...

Mealey's IP/Tech - Federal Circuit Vacates Obviousness Holding By Board, Sides With Microsoft

WASHINGTON, D.C. - Although affirming a construction by the Patent Trial and Appeal Board of the claim term "request," the Federal Circuit U.S. Court of Appeals on Dec. 1 nonetheless vacated in full the board's determination that two patents are nonobvious and partly vacated the board's...

Mealey's IP/Tech - Adult Site Owner's Petition Over Vicarious, Direct Copyright Infringement Denied

WASHINGTON, D.C. - In its Dec. 4 order list, the U.S. Supreme Court denied certiorari to the operator of an adult website that had appealed a Ninth Circuit U.S. Court of Appeals ruling that a usenet provider was not liable for direct or vicarious infringement of its copyrighted images due to a lack of...

Mealey's IP/Tech - Federal Circuit Upholds Claim Constructions, Obviousness Holding

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various challenged patent claims would have been obvious to a person of skill in the art were affirmed Nov. 30 by the Federal Circuit U.S. Court of Appeals, which found no error in the board's differing construction of "internet...

Mealey's IP/Tech - Federal Circuit Largely Sides With Patent Board In Consolidated Appeal

WASHINGTON, D.C. - In a Dec. 5 ruling, the Federal Circuit upheld findings of patent invalidity by the Patent Trial and Appeal Board in two cases but ruled against the board - and in favor of three inter partes review (IPR) petitioners - in a third case, in which the board deemed the disputed technology...

Mealey's IP/Tech - Spokeo Seeks 2nd Certiorari Grant Over Injury-In-Fact Standing Requirement

WASHINGTON, D.C. - Less than two years after the U.S. Supreme Court ruled on the concrete injury requirement to establish standing under Article III of the U.S. Constitution in a lawsuit over alleged violation of the Fair Credit Reporting Act (FCRA), the data aggregator defendant filed a renewed petition...

Mealey's IP/Tech - Federal Circuit Vacates False Marking Judgment, Affirms In Other Respects

WASHINGTON, D.C. - A Florida federal judge's rejection of allegations a patent owner failed to mark its products was vacated Dec. 7 by the Federal Circuit U.S. Court of Appeals, which found that although it is an accused infringer's duty to produce evidence of unmarked products, it remains a...

Mealey's IP/Tech - Federal Circuit Denies Rehearing; Dissent Calls For Clarification On O2 Micro

WASHINGTON, D.C. - A divided en banc Federal Circuit U.S. Court of Appeals on Dec. 8 refused to rehear a dispute over two communication processing patents, leaving intact a July 2017 ruling that ordered a new trial in the case (NobelBiz Inc. v. Global Connect, L.L.C., et al., Nos. 16-1104, -1105, Fed...

Mealey's IP/Tech - Federal Circuit Partly Reverses Rejection Of Patent Application

WASHINGTON, D.C. - An examiner's rejection of six claims of a crossbar processing patent application as indefinite was reversed by the Federal Circuit U.S. Court of Appeals on Dec. 8 in light of a concession by the U.S. Patent and Trademark Office that the rejection was erroneous (In re: Blaise Laurent...

Mealey's IP/Tech - Federal Circuit Affirms: Post-Alice, Patent Case Lacked Merit

WASHINGTON, D.C. - A decision by a patent plaintiff to press on with its allegations in the wake of Alice Corp. v. CLS Bank International, despite knowledge that its claims lacked merit, entitled a defendant in the action to an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Dec...

Mealey's IP/Tech - Parties In Uber Trade Secrets Suit Won't Stipulate To Special Master Findings

SAN FRANCISCO - Parties in a trade secrets lawsuit alleging that a former employee of autonomous car development company Waymo LLC stole the company's trade secret information and provided it to his new employer, Uber Technologies Inc., on Dec. 7 refused to agree to stipulate to the findings of a...