LexisNexis® Legal Newsroom
Mealey's IP/Tech - New Patent Trial In Ohio Not Warranted, Federal Circuit Says

WASHINGTON, D.C. - In an April 26 decision, the Federal Circuit U.S. Court of Appeals rejected a patent owner's claim that it is entitled to a new trial because a defendant was improperly permitted to bypass a comparison of the patent and the accused product, instead allowing jurors to focus on similarities...

Mealey's IP/Tech - Attorney Fee Award Reversed By 8th Circuit In Trademark Case

ST. LOUIS - An award of attorney fees based, in part, on findings that a defendant had its counsel sign trademark applications that falsely swore that no other company was using the "Pakster" trademark despite knowledge to the contrary was reversed April 30 by the Eighth Circuit U.S. Court...

Mealey's IP/Tech - Federal Circuit Vacates Damages, Partly Affirms Trade Secret, Patent Verdicts

WASHINGTON, D.C. - A jury's finding of trade secret and patent infringement liability by a defendant stemming from failed merger negotiations was partly upheld May 1 by the Federal Circuit U.S. Court of Appeals, but the panel vacated the jury's award of $48 million in disgorged profits on behalf...

Mealey's IP/Tech - Magistrate Judge Recommends Copyright, Trade Secret Claims Not Be Dismissed

DAYTON, Ohio - A software company's claims for copyright infringement and trade secret misappropriation against its chief competitor in the quality control software industry have been stated with the required specificity, a federal magistrate judge in Ohio said in April 30 report and recommendation...

Mealey's IP/Tech - 9th Circuit Partly Upholds Fee Award In Trademark Dispute

SAN FRANCISCO - In a May 2 holding, the Ninth Circuit U.S. Court of Appeals found no error in a California federal judge's dismissal of allegations that an "08" trademark was infringed and subsequent finding that the case qualifies as "exceptional" (Ketab Corp.v. Mesriani &...

Mealey's IP/Tech - BladeRoom Allowed To Present Expert Opinion In Trade Secrets Suit

SAN JOSE, Calif. - The opinion of the damages expert for prefabricated data center manufacturer and installer BladeRoom Group Limited (BRG) is based on supported factual assumptions and the "relevant evidence of causation is not undisputed," a federal judge in California overseeing BRG's...

Mealey's IP/Tech - Federal Circuit Vacates Denial Of Fees In Fracking Patent Dispute

WASHINGTON, D.C. - In a May 4 holding, the Federal Circuit U.S. Court of Appeals affirmed findings by a North Dakota federal judge that a hydraulic fracturing patent is unenforceable due to an inventor's inequitable conduct before the U.S. Patent and Trademark Office (PTO) (Energy Heating LLC, et...

Mealey's IP/Tech - 1st Circuit Reverses Fee Award For Sony In Song Copyright Dispute

BOSTON - A panel of the First Circuit U.S. Court of Appeals on May 4 sided with a songwriter whose copyright infringement claims against Sony Corporation of America were dismissed with prejudice because the dismissal was premised on findings that the case was subject to mandatory arbitration, and not...

Mealey's IP/Tech - Federal Circuit: Patent Board Did Not Err In Finding No Privity

WASHINGTON, D.C. - Six final written decisions by the Patent Trial and Appeal Board declaring all claims for which inter partes review (IPR) was instituted unpatentable as anticipated or obvious will stand, in light of a May 7 ruling by the Federal Circuit U.S. Court of Appeals (WesternGeco LLC v. ION...

Mealey's IP/Tech - U.S. Government Urges High Court To Hear Apple App Store Antitrust Suit

WASHINGTON, D.C. - In a May 8 amicus curiae brief presenting the U.S. government's views, U.S. Solicitor General (SG) Noel J. Francisco asks the U.S. Supreme Court to grant certiorari to Apple Inc. in a lawsuit over alleged anti-competitive behavior related to Apple's App Store, arguing that...

Mealey's IP/Tech - Denying Mandamus, Federal Circuit Says Patent Case Can Proceed In Delaware

WASHINGTON, D.C. - In a 20-page precedential order issued May 9 the Federal Circuit U.S. Court of Appeals rejected claims by HTC Corp., a Taiwanese entity, that a Delaware federal judge erred in failing to apply the patent venue statute, 28 U.S.C. 1400(b), to its motion to dismiss for improper venue...

Mealey's IP/Tech - Jury Awards BladeRoom $30M In Data Center Trade Secrets Dispute

SAN JOSE, Calif. - A federal jury in California on May 10 awarded BladeRoom Group Limited (BRG) $30 million in damages in a trade secret misappropriation lawsuit, finding that defendant Emerson Electric Co. misappropriated BRG's trade secrets for its prefabricated data centers to obtain contracts...

Mealey's IP/Tech - Class Certification Denied In Suit Alleging IPhone Touchscreen Defects

SAN JOSE, Calif. - Although a California federal judge found that the named plaintiffs in a suit over purported touchscreen defects in two iPhone models had standing to pursue their claims against Apple Inc., the judge on May 8 ruled that they failed to establish predominance under Federal Rule of Civil...

Mealey's IP/Tech - Federal Circuit Partly Reverses, Says Claim Erroneously Deemed Valid

WASHINGTON, D.C. - Although affirming findings by the Patent Trial and Appeal Board that several claims of a method for remote monitoring and control of irrigation equipment with handheld devices would have been obvious to a person of skill in the art, the Federal Circuit U.S. Court of Appeals on May...

Mealey's IP/Tech - 11th Circuit: No Coverage For Debit Card Scam Under Computer Fraud Policy

ATLANTA - Concluding that a debit card firm's loss due to fraud did not result directly from computer fraud, even though computers were used by the fraudsters, an 11th Circuit U.S. Court of Appeals panel on May 10 ruled that there was no coverage for the firm's resulting loss under its computer...

Mealey's IP/Tech - Citing Lack Of Irreparable Harm, 9th Circuit Partly Reverses Trademark Relief

SAN FRANCISCO - Although agreeing with adidas America Inc. that Skechers USA Inc. likely infringed and diluted adidas' "Three-Stripe" trademark as applied to athletic shoes, a divided Ninth Circuit U.S. Court of Appeals on May 10 reversed an injunction entered against Skechers, citing adidas'...

Mealey's IP/Tech - Supreme Court Deems Covered Business Method Patent Dispute Moot

WASHINGTON, D.C. - In its May 14 orders list, the U.S. Supreme Court granted certiorari in a patent case, vacating a judgment by the Federal Circuit U.S. Court of Appeals as moot and instructing the Federal Circuit to remand to the Patent Trial and Appeal Board for dismissal (PNC Bank National Association...

Mealey's IP/Tech - Declaratory Judgment Standing Lacking In Dispute Over Generic AIDS Drugs

WASHINGTON, D.C. - A California federal judge did not err in finding that a nationwide provider of health care services for patients with AIDS lacks declaratory judgment standing to maintain an action against the brand name manufacturer of drugs containing tenofir alafenamide fumarate (TAF), the Federal...

Mealey's IP/Tech - In Granting Mandamus Petition, Federal Circuit Vacates Denial Of Dismissal

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on May 14 clarified two "basic" and "undecided" issues relating to "proper judicial administration in the wake of" TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017); according to the panel...

Mealey's IP/Tech - Federal Circuit Grants Mandamus, Remands Denied Transfer Request In Patent Case

WASHINGTON, D.C. - For the second day in a row, the Federal Circuit U.S. Court of Appeals on May 15 granted mandamus to overturn decisions by the Eastern District of Texas, which denied requests for dismissal or transfer of patent infringement allegations for improper venue under the patent venue statute...

Mealey's IP/Tech - Long-Running Digital Music Price-Fixing Class Action Voluntarily Dismissed

NEW YORK - A 12-year putative class action alleging antitrust violations in the form of price fixing for digital music concluded May 15 as a California federal judge approved a stipulation of dismissal reached by the music-purchasing plaintiffs and the record label defendants (In re Digital Music Antitrust...

Mealey's IP/Tech - Revised, Tentative Jury Instructions Issued In Apple, Samsung Damages Retrial

SAN FRANCISCO - U.S. Judge Lucy Koh of the Northern District of California on May 16 issued revised, tentative jury instructions one day after opening arguments were held in the retrial on damages due in connection with Samsung Electronics Co. Ltd.'s infringement of three Apple smartphone design...

Mealey's IP/Tech - U.S. Senate Passes Joint Resolution Disapproving FCC's Net Neutrality Repeal

WASHINGTON, D.C. - In a 52-47 vote, the U.S. Senate on May 16 passed Senate Joint Resolution 52, which expressed congressional disapproval of a February 2018 Federal Communications Commission rule that repealed the principle known as "net neutrality."

Mealey's IP/Tech - Federal Circuit Reinstates Verdict That Phone Relay System Patent Is Valid

WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant, post-trial, a defendant's motion for judgment as a matter of law (JMOL) that various claims of a patent directed to a telephone relay system (TRS) are invalid as obvious was erroneous, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - 5th Circuit Upholds Validity Of 'Krusty Krab' Trademark, Judgment

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 22 ruled that a Texas federal judge did not err in granting Viacom International Inc. summary judgment on its allegation that plans to name a restaurant "The Krusty Krab" would represent trademark infringement (Viacom International...