LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Upholds Judge's Refusal To Enter Judgment On Patent Verdict

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 19 rejected assertions by a patent defendant that a Texas federal judge erred in ordering jurors to take back their invalidity holding, while also rejecting claims by the patent owner that the same judge erred in granting a summary...

Mealey's IP/Tech - Montana, New York Governors Issue Statewide Net Neutrality Executive Orders

In a pair of executive orders issued Jan. 22 and 24, respectively, the governors of Montana and New York each established statewide requirements that government offices contract only with internet service providers (ISPs) that agree to abide by the "free and open internet" principles known...

Mealey's IP/Tech - Federal Circuit Upholds Texas Judge; Patents Survive Section 101 Challenge

WASHINGTON, D.C. - Four claims of two Core Wireless Licensing S.A.R.L. patents directed to a small screen display interface are patent-eligible under Section 101 of the Patent Act, 35 U.S.C. 101, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 25 (Core Wireless Licensing S.A.R.L. v. LG Electronics...

Mealey's IP/Tech - Federal Circuit: Patent Board Must Revisit Patentability Holding

WASHINGTON, D.C. - In a Jan. 25 ruling, the Federal Circuit U.S. Court of Appeals found that the Patent Trial and Appeal Board failed to address arguments regarding the patentability of various dependent patent claims separately from independent claims deemed unpatentable in a separate inter partes review...

Mealey's IP/Tech - Blind Man's ADA Suit Over Credit Union's Website Dismissed By Federal Judge

ALEXANDRIA, Va. - Because a blind man failed to establish that he was a member of a defendant credit union, a Virginia federal judge on Jan. 26 ruled that he failed to claim a concrete and particularized injury to support the claim that the credit union's website was inaccessible in violation of...

Mealey's IP/Tech - University Seeks Rehearing Of Decision To Deny Stay Of Inter Partes Review

ALEXANDRIA, Va. - The Regents of the University of California on Jan. 26 urged the Patent Trial and Appeal Board to revisit a Jan. 12 order that denied the university a third extension of its deadline to file preliminary response to two petitions for inter partes review (IPR) by St. Jude Medical LLC...

Mealey's IP/Tech - Federal Circuit: Patent Board Erred In Treatment Of Prior Art Reference

WASHINGTON, D.C. - In a Jan. 30 decision, the Federal Circuit U.S. Court of Appeals partly affirmed a rejection by the Patent Trial and Appeal Board of various claims of a reciprocating rotary arthroscopic instrument patent but reversed with regard to others, amid findings that the board erred in deeming...

Mealey's IP/Tech - 10-Year MP3tunes Copyright Suit Settles For $39 Million

NEW YORK - A New York federal judge on Jan. 26 approved an agreement and consent judgment, settling a decade-long copyright infringement lawsuit brought by a group of record labels and music publishers against the founder of now-defunct online music-sharing service MP3tunes LLC, assessing an agreed-upon...

Mealey's IP/Tech - 9th Circuit: Undelivered Apple Text Messages Did Not Violate Wiretap Act

SAN FRANCISCO - Affirming dismissal of a putative Wiretap Act class action against Apple Inc., a Ninth Circuit U.S. Court of Appeals panel on Jan. 29 held that certain misclassified and undelivered text messages from Apple iMessage users were not intercepted in transit and, thus, did not violate the...

Mealey's IP/Tech - 4th Circuit: Contributory Copyright Infringement Requires Proof Of Willful Blindness

RICHMOND, Va. - In a Feb. 1 ruling, the Fourth Circuit U.S. Court of Appeals upheld a Virginia federal judge's determination that two internet service providers (ISPs) are not entitled to a safe-harbor defense to allegations of contributory copyright infringement, but vacated and reversed a jury's...

Mealey's IP/Tech - On Remand From En Banc Court, Federal Circuit Panel Affirms Noninfringement Ruling

WASHINGTON, D.C. - In a Feb. 6 decision, the Federal Circuit U.S. Court of Appeals agreed with a Delaware federal judge that two patents relating to the injectable bivalirudin drug Angiomax are not infringed by a series of abbreviated new drug applications (ANDAs) but remanded the case for a determination...

Mealey's IP/Tech - Federal Circuit Affirms Patent Board's Finding Of Nonobviousness

WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that various claims of a motion-tracking patent would not have been obvious to a person of skill in the art was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Feb. 6 (Elbit Systems of America LLC v. Thales...

Mealey's IP/Tech - 9th Circuit: Dolphin Drawing Is An Unprotectable Idea First Found In Nature

SAN FRANCISCO - A California federal judge properly granted a defendant summary judgment on allegations that a pen and ink depiction of two dolphins crossing underwater was infringed, the Ninth Circuit U.S. Court of Appeals ruled Feb. 2 (Peter A. Folkens v. Wyland Worldwide LLC, et al., No. 16-15882...

Mealey's IP/Tech - Federal Circuit Vacates Allowance Of Some Patent Claims, Upholds Others

WASHINGTON, D.C. - The Patent Trial and Appeal Board's allowance of various claims of a swimming pool water pump patent following inter partes re-examination (IPX) must be revisited in light of its analysis of a prior art reference, the Federal Circuit U.S. Court of Appeals ruled Feb. 7 (Hayward...

Mealey's IP/Tech - Amazon Sues Tech Firm Over Patent Suits Targeting Amazon Cloud Customers

SAN FRANCISCO - In the wake of at least 50 federal patent infringement lawsuits filed against its cloud-computing customers, Amazon.com Inc. on Feb. 5 sued the plaintiff in those suits in California federal court, seeking declarations of noninfringement and claim preclusion due to a previous judgment...

Mealey's IP/Tech - Waymo, Uber Reach Settlement In Trade Secrets Lawsuit

SAN FRANCISCO - Waymo LLC and Uber Technologies Inc. on Feb. 9 agreed to settle their trade secrets misappropriation lawsuit, five days after the case went to trial on claims that a former Waymo employee stole the company's trade secret information and provided it to Uber in violation of state and...

Mealey's IP/Tech - Patent Ineligibility Findings Partly Affirmed, Partly Vacated By Federal Circuit

WASHINGTON, D.C. - An Illinois federal judge erred in granting summary judgment that four claims of a digital file archival system are ineligible for patent protection under Section 101 of the Patent Act, 35 U.S.C. 101, but properly rejected four other claims, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Federal Circuit Lacks Jurisdiction Over Walker Process Patent Fraud Claim

WASHINGTON, D.C. - Allegations that a patent owner violated Section 2 of the Sherman Act, 15 U.S.C. 2, and Sections 4 and 6 of the Clayton Act, 15 U.S.C. 4, 6, by committing fraud upon the U.S. Patent and Trademark Office (PTO) should proceed in the Fifth Circuit U.S. Court of Appeals, the Federal Circuit...

Mealey's IP/Tech - Federal Circuit Upholds Noninfringement Finding In Nasonex Patent Case

WASHINGTON, D.C. - A Delaware federal judge did not err in denying Merck Sharp & Dohme Corp. a new trial on allegations that a proposed generic mometasone furoate nasal spray would infringe Merck's patent covering the nasal spray Nasonex, the Federal Circuit U.S. Court of Appeals ruled Feb. 9...

Mealey's IP/Tech - Rhode Island City Sues Intel For Meltdown, Spectre Security Vulnerabilities

SAN JOSE, Calif. - The city of Providence, R.I., on Feb. 12 filed a consumer protection class action complaint against Intel Corp. in California federal court, charging the microprocessor chip manufacturer with unfair competition and warranty violations related to the recently discovered "Meltdown"...

Mealey's IP/Tech - Plaintiff Partly Prevails In New York Copyright Dispute Over Embedded Tweets

NEW YORK - Breitbart News Network, Time Inc. and other online publishers were dealt a blow Feb. 15 when a New York federal judge ruled that tweets embedded in news stories can form the basis of a copyright infringement claim (Justin Goldman v. Breitbart News Network Inc., et al., No. 17-3144, S.D. N...

Mealey's IP/Tech - Disputed Claim Construed By Federal Circuit; Validity Of Patent Confirmed

WASHINGTON, D.C. - In a Feb. 16 holding, the Federal Circuit U.S. Court of Appeals found that although the Patent Trial and Appeal Board erred in omitting the word "average" from its claim construction of a disputed limitation, the board nonetheless correctly deemed three patents nonobvious...

Mealey's IP/Tech - Federal Circuit Sides With Coca-Cola, Deems Claims Patent-Ineligible

WASHINGTON, D.C. - In a Feb. 16 ruling, four patents directed to a specialized radio frequency identification (RFID) were confirmed by the Federal Circuit U.S. Court of Appeals as unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (Automated Tracking Solutions LLC v. The Coca-Cola...

Mealey's IP/Tech - Divided 2nd Circuit: Assignment Did Not Confer Standing In Copyright Case

NEW YORK - Allegations that John Wiley & Sons Inc. exceeded the terms of its license to use certain photographs in textbooks and other educational materials were properly rejected on summary judgment because the plaintiff in the action - a purported assignee of the photographers' rights to sue...

Mealey's IP/Tech - In Upholding Patent Board, Federal Circuit Sides With Google, Motorola

WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board (PTAB) that canceled all 79 patent claims as obvious was affirmed Feb. 20 by the Federal Circuit U.S. Court of Appeals, marking a win for Google LLC and Motorola Mobility LLC (Arendi S.A.R.L. v. Google LLC, et al., No. 16...