LexisNexis® Legal Newsroom
Mealey's IP/Tech - On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA...

Mealey's IP/Tech - Divided FCC Announces Repeal Of 2015 Net Neutrality Order

WASHINGTON, D.C. - In what it described as a restoration of internet freedom, the Federal Communications Commission on Dec. 14 announced the repeal its 2015 order that had established rules protecting what has become popularly known as "net neutrality." The newly adopted framework, which was...

Mealey's IP/Tech - Federal Circuit: Bar On Registration Of Immoral Marks Is Unconstitutional

WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board (TTAB) correctly found that a proposed "fuct" trademark comprises immoral or scandalous material under the Lanham Act, 15 U.S.C. 1052(a), (Section 2(a)), the immoral and scandalous marks provision constitutes an unconstitutional...

Mealey's IP/Tech - Federal Circuit Upholds Validity Of Stem Cell Production Patent

WASHINGTON, D.C. - A Delaware federal judge did not err in deeming a three-step method for stimulating and harvesting stem cells non-obvious, the Federal Circuit U.S. Court of Appeals ruled Dec. 18 in a win for Genzyme Corp. and Sanofi-Aventis U.S. LLC (Genzyme, collectively) (Genzyme Corporation, et...

Mealey's IP/Tech - Federal Circuit Affirms Patent Board Claim Construction, Decision

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 18 affirmed a determination of patentability by the Patent Trial and Appeal Board in a dispute over a method of improved message transmission (HTC Corporation, et al., v. Cellular Communications Equipment LLC, No. 16-1880, Fed. Cir...

Mealey's IP/Tech - Claims Court Finding Of Obviousness Not Clearly Erroneous, Federal Circuit Says

WASHINGTON, D.C. - In what it deemed a "case specific" ruling, the Federal Circuit U.S. Court of Appeals on Dec. 19 upheld a determination by the Court of Federal Claims that various claims of an allegedly infringed patent are obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (American...

Mealey's IP/Tech - Federal Circuit Vacates Judgment, Dismisses As Moot Appeal Of Denied Fees

WASHINGTON, D.C. - A New York federal judge's grant of summary judgment in favor of a patent infringement defendant was vacated Dec. 19 by the Federal Circuit U.S. Court of Appeals, which found that genuine disputes of material fact exist regarding whether the defendant directs or controls the performance...

Mealey's IP/Tech - 9th Circuit Reverses As 'Unreasonable' Fee Award In Copyright Case

SAN FRANCISCO - In a Dec. 19 holding, the Ninth Circuit U.S. Court of Appeals upheld a California federal judge's denial of summary judgment on copyright infringement claims but vacated and remanded an award of attorney fees on behalf of a prevailing defendant (Anthony Johnson v. Storix Inc., No...

Mealey's IP/Tech - Sandoz, Others Prevail In California Patent Dispute Over Biosimilar Treatment

SAN FRANCISCO - A California federal judge on Dec. 19 granted four defendants summary judgment of noninfringement with regard to a patent covering the neutropenia treatments Neupogen and Neulasta (Amgen Inc. v. Sandoz Inc., et al., No. 14-4741, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit Partly Reverses Prior Art Holding By Patent Board

WASHINGTON, D.C. - Although agreeing with the Patent Trial and Appeal Board that a grandparent patent application provides sufficient disclosure to satisfy the written disclosure requirement, the Federal Circuit U.S. Court of Appeals on Dec. 27 reversed and remanded findings that a working prototype...

Mealey's IP/Tech - Music Publisher Sues For $1.6 Billion For Unpaid Songwriter Royalties

LOS ANGELES - A music publishing firm on Dec. 29 sued Spotify USA Inc. for $1.6 billion in California federal court, asserting that the online music-streaming provider has failed to obtain proper licenses to cover royalties to songwriters who hold the copyrights in the compositions for songs that Spotify...

Mealey's IP/Tech - Government Stance On Registration Vs. Application Sought By Supreme Court

WASHINGTON, D.C. - In its Jan. 8 orders list, the U.S. Supreme Court moved one step closer to resolving a circuit split on whether a copyright infringement lawsuit may commence only upon receipt of a copyright registration or earlier, when an application for copyright is filed (Fourth Estate Public Benefit...

Mealey's IP/Tech - 5th Circuit Affirms: Assignment Extinguishes Standing In Copyright Case

NEW ORLEANS - A Texas federal judge did not err in dismissing, on standing grounds, counterclaims of copyright infringement by various Tejano recording artists, the Fifth Circuit U.S. Court of Appeals ruled Jan. 4 (Hacienda Records L.P. v. Ruben Ramos, et al., No. 16-41180, 5th Cir., 2018 U.S. App. LEXIS...

Mealey's IP/Tech - Overturning Achates, Federal Circuit Says Time-Bar Rulings Are Appealable

WASHINGTON, D.C. - In a divided Jan. 8 ruling, an en banc Federal Circuit U.S. Court of Appeals found that the bar on judicial review of decisions to institute inter partes review (IPR) does not extend to determinations that a petition for IPR is time-barred under the America Invents Act (AIA), 35 U...

Mealey's IP/Tech - Federal Circuit Vacates Finding Apotex Infringed Drug Delivery Patents

WASHINGTON, D.C. - A Delaware federal judge erred by failing to construe "extended release coating" as the term appears in two drug delivery patents as requiring a continuous outer film, in light of intrinsic evidence, the Federal Circuit U.S. Court of Appeals ruled Jan. 4 (Aptalis Pharmatech...

Mealey's IP/Tech - 9th Circuit Partly Affirms, Partly Reverses In Oracle, Rimini Copyright Case

SAN FRANCISCO - In a Jan. 8 decision, the Ninth Circuit U.S. Court of Appeals upheld a Nevada federal judge's determination that a third-party software support company committed copyright infringement when it relied on a license granted to one customer to copy software from the Oracle USA Inc. website...

Mealey's IP/Tech - 11th Circuit Affirms: Former Member Has No Right To 'Commodores' Mark

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 9 found that when Thomas McClary departed the Grammy Award-winning band The Commodores in 1984, he forfeited his common-law rights to use and profit from "The Commodores" trademark (Commodores Entertainment Corporation v. Thomas McClary...

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

WASHINGTON, D.C. - A final decision by the Patent Trial and Appeal Board (PTAB) that upheld an examiner's rejection of various claims of a patented process for crossing, or mating, two parent soybean lines was affirmed Jan. 8 by the Federal Circuit U.S. Court of Appeals (Monsanto Technology LLC v...

Mealey's IP/Tech - Federal Circuit Affirms: Malware Detection Patent Is Patent-Eligible

WASHINGTON, D.C. - Although upholding a California federal judge's determination of patent eligibility, the Federal Circuit U.S. Court of Appeals on Jan. 10 deemed a defendant entitled to judgment as a matter of law (JMOL) with regard to a separate patent on grounds that an accused malware detection...

Mealey's IP/Tech - 6th Circuit Reinstates Dispute Over Riflescope Trade Dress Protection

CINCINNATI - A rejection on summary judgment of allegations that a riflescope maker committed trade dress infringement through the design of its knurling was erroneous, the Sixth Circuit U.S. Court of Appeals ruled Jan. 10 (Leapers Inc. v. SMTS LLC, et al., No. 17-1007, 6th Cir., 2018 U.S. App. LEXIS...

Mealey's IP/Tech - Supreme Court Grants Certiorari In Dispute Over Patent Lost Profit Awards

WASHINGTON, D.C. - In its Jan. 12 order list, the U.S. Supreme Court granted certiorari for a second time in a dispute over the availability of lost profits awards in cases of infringement under Section 271(f) of the Patent Act, 35 U.S.C. 271(f), where the profits arose from prohibited combinations occurring...

Mealey's IP/Tech - Supreme Court Will Consider Enforceability Of South Dakota Internet Sales Tax Law

WASHINGTON, D.C. - In its Jan. 12 order list, the U.S. Supreme Court granted certiorari to South Dakota in its challenge of the continued applicability of a 25-year-old case that bars the state's ability to enforce a new law requiring certain out-of-state internet retailers to collect and remit sales...

Mealey's IP/Tech - Divided 1st Circuit Limits Trademark Licensee To Prepetition Damages

BOSTON - In what it deemed a case of first impression, a divided First Circuit U.S. Court of Appeals on Jan. 12 found that a trademark licensee retains only the right to seek prepetition damages following a Chapter 11 debtor-in-possession's rejection of the underlying license agreement (Mission Product...

Mealey's IP/Tech - Enhanced Damages, Willfulness Finding Vacated By Federal Circuit

WASHINGTON, D.C. - A jury verdict of willful patent infringement and corresponding $24,280,330 compensatory damages award, along with a Nebraska federal judge's subsequent doubling of that sum, were vacated and remanded Oct. 12 by the Federal Circuit U.S. Court of Appeals (Exmark Manufacturing Company...

Mealey's IP/Tech - Federal Circuit Vacates Denial Of Relief In Hair Treatment Patent Case

WASHINGTON, D.C. - In a Jan. 16 ruling, the Federal Circuit U.S. Court of Appeals found that a Delaware federal judge erred in basing her decision to deny a patent assignee and licensee injunctive relief on an erroneous claim construction that excluded various accused L'Oreal USA Inc. products (Liqwd...