LexisNexis® Legal Newsroom
Mealey's IP/Tech - Supreme Court Rules Against Lexmark, Says Patent Rights Exhausted

WASHINGTON, D.C. - In a ruling May 30, the U.S. Supreme Court found that Lexmark International Inc. exhausted its domestic and international patent rights "the moment it sold" certain refillable printer cartridges in the United States (Impression Products Inc. v. Lexmark International Inc....

Mealey's IP/Tech - Federal Circuit Cites Claim Construction, Vacates Board Ruling

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to deem eight claims of a spinal implant patent obvious under the Patent Act, 35 U.S.C. 103, was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 31 (In re: NuVasive Inc., No. 15-1841, Fed. Cir., 2017 U.S. App...

Mealey's IP/Tech - 2nd Circuit Affirms Conviction, Life Sentence Of Silk Road Creator

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 31 affirmed a seven-count criminal conviction against Ross William Ulbricht, the founder of online criminal marketplace Silk Road, and upheld a trial court's imposition of a life sentence, finding that it was not unreasonable given the...

Mealey's IP/Tech - Board Erred In Prior Conception Analysis, Federal Circuit Rules

WASHINGTON, D.C. - A determination by the Patent Trial and Appeal Board that various claims of a challenged wireless hotspot patent are invalid was remanded May 31 by the Federal Circuit U.S. Court of Appeals, which found that the board improperly rejected a patent owner's assertion of prior conception...

Mealey's IP/Tech - Deeply Divided Federal Circuit Denies Rehearing In Dispute Over CBM Scope

WASHINGTON, D.C. - In a June 6 order, the Federal Circuit U.S. Court of Appeals announced it will not rehear - en banc, or by the original three-judge panel - a dispute over what constitutes a covered business method (CBM) patent (Secure Axcess LLC v. PNC Bank National Association, et al., No. 16-1353...

Mealey's IP/Tech - Federal Circuit Says Fee Award In Patent Case Was Erroneous

WASHINGTON, D.C. - In its second ruling in a longstanding dispute over patented anti-theft tags, the Federal Circuit U.S. Court of Appeals on June 5 again rejected a Pennsylvania federal judge's determination that the case qualifies as exceptional (Checkpoint Systems Inc. v. All-Tag Security S.A...

Mealey's IP/Tech - Denial Of Fee Award In Patent Case Reversed, Remanded By Federal Circuit

WASHINGTON, D.C. - A Texas federal judge's determination that a patent infringement plaintiff's decision to voluntarily withdraw its complaint within the safe-harbor period removed the dispute from the realm of an "exceptional" case, thereby extinguishing a defendant's entitlement...

Mealey's IP/Tech - 7th Circuit Affirms: House Plans Dissimilar, Access Not Proven

CHICAGO - A Wisconsin federal judge did not err in granting a copyright infringement defendant summary judgment in connection with allegations that it infringed four copyrighted house designs, the Seventh Circuit U.S. Court of Appeals ruled June 6 (Design Basics LLC v. Lexington Homes, Inc., No. 16-3817...

Mealey's IP/Tech - Voluntary Dismissal Of Xbox Class Action Barred Appellate Review, High Court Rules

WASHINGTON, D.C. - The voluntary dismissal with prejudice of class claims against Microsoft Corp. over allegedly defective Xbox 360 gaming consoles deprived an appeals court of jurisdiction under 28 U.S. Code Section 1291, a U.S. Supreme Court majority ruled June 12, reversing a ruling of the Ninth Circuit...

Mealey's IP/Tech - Supreme Court: BPCIA Provision Not Enforceable With Federal Injunction

WASHINGTON, D.C. - The requirement of Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262(k), that a biologic applicant provide a sponsor with its applications and manufacturing information is not enforceable with a federal injunction, the U.S. Supreme...

Mealey's IP/Tech - Constitutionality Of Inter Partes Review To Be Decided By Supreme Court

WASHINGTON, D.C. - The U.S. Supreme Court granted certiorari on June 12 in a dispute over the constitutionality of inter partes review (IPR) by the Patent Trial and Appeal Board (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).

Mealey's IP/Tech - Federal Circuit Affirms: Patents Lack Written Description Support

WASHINGTON, D.C. - Efforts by Purdue Pharma L.P. to overturn a Patent Trial and Appeal Board holding that myriad claims of two patent applications are unpatentable for lack of written description support failed June 13, when the Federal Circuit U.S. Court of Appeals instead upheld the board's rejection...

Mealey's IP/Tech - Judge Deems Winn-Dixie's Website Not Accessible To The Blind Under The ADA

MIAMI - Ruling in favor of a legally blind man, a Florida federal judge on June 13 found that a supermarket chain's website was not accessible to visually impaired patrons and ordered the chain to undertake remediation measures to bring its site in compliance with the guidelines of the Americans...

Mealey's IP/Tech - No Irreparable Harm Showing Leads To Denial Of Injunction In Trade Secrets Suit

WEST PALM BEACH, Fla. - A software company has failed to show that it will suffer irreparable harm unless an injunction is issued preventing defendants in a misappropriation of trade secrets and copyright infringement lawsuit from continuing to misappropriate the company's confidential and proprietary...

Mealey's IP/Tech - Supreme Court Deems North Carolina Sex Offender Social Media Ban Unconstitutional

WASHINGTON, D.C. - While acknowledging the importance of enacting laws to protect children from sexual predators online, the U.S. Supreme Court on June 19 issued majority and concurring opinions finding that a North Carolina sex offender registry law violates the First Amendment to the U.S. Constitution...

Mealey's IP/Tech - Supreme Court Affirms: Disparagement Clause Violates The Constitution

WASHINGTON, D.C. - In a ruling announced June 19, the U.S. Supreme Court agreed with the Federal Circuit U.S. Court of Appeals that the disparagement clause of the Lanham Act, 15 U. S. C. 1052(a), which bars registration of trademarks deemed disparaging, violates the free speech clause of the First Amendment...

Mealey's IP/Tech - Supreme Court Denies Certiorari In Dancing Baby Copyright Case

WASHINGTON, D.C. - Following a May amicus curiae brief from the U.S. government urging that certiorari be denied in a longstanding copyright dispute over a viral video, the U.S. Supreme Court on June 19 indicated that it will not hear the case (Stephanie Lenz v. Universal Music Corp., et al., No. 16...

Mealey's IP/Tech - Federal Circuit Affirms: Method Of Testing Bodily Samples Not Patent Eligible

WASHINGTON, D.C. - An Ohio federal judge did not err in deeming three patents for testing bodily samples for myeloperoxidase (MPO) ineligible for patent protection under the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled June 16 (Cleveland Clinic Foundation, et al. v. True...

Mealey's IP/Tech - Supreme Court Denies Certiorari In Copyright Preemption Case

WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court announced that it will not review a Fifth Circuit U.S. Court of Appeals holding that Section 301(a) of the Copyright Act, 17 U.S.C. 301(a), preempts state law claims relating to ideas expressed in tangible media (Ultraflo Corp. v....

Mealey's IP/Tech - Supreme Court Denies Review Of Patent Definiteness Standard

WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court rejected a petition for certiorari in a case questioning the general rule that each element in a patent claim is material to an invention's scope when assessing definiteness under Section 112 of the Patent Act, 35 U.S. Code 112...

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Case, Finds Jurisdiction Lacking

WASHINGTON, D.C. - A Kansas federal judge's reliance, in dismissing on jurisdiction grounds, on a choice-of-law provision in a nondisclosure agreement (NDA) between a patent owner and a potential licensee was not erroneous, the Federal Circuit U.S. Court of Appeals ruled June 19 (NexLearn LLC v....

Mealey's IP/Tech - Grant Of Priority By Patent Board Upheld By Federal Circuit

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that a high amount of experimentation is necessary to synthesize a claimed compound for treating hepatitis C and that a provisional application did not enable the interference subject matter were affirmed June...

Mealey's IP/Tech - High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit

WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over...

Mealey's IP/Tech - Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict

SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled...

Mealey's IP/Tech - Delaware Federal Jury Awards $235 Million On Patent Infringement Claims

WILMINGTON, Del. - A drug maker was ordered June 20 by a jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware to pay GlaxoSmithKline PLC (GSK) $235.5 million in damages in connection with its marketing of generic Coreg as a treatment for chronic heart failure (CHF) (GlaxoSmithKline...