LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Grants Mandamus Petition, Directs Transfer Of Patent Case

WASHINGTON, D.C. - In rejecting a Texas federal judge's interpretation of In re: Cordis Corp., 769 F.2d 733 (Fed. Cir. 1985), the Federal Circuit U.S. Court of Appeals on Sept. 21 granted a petition for mandamus and ordered a district court to determine on remand whether the case should proceed in...

Mealey's IP/Tech - California Anti-Spam Law Applies To Advertiser, Not Sender, Judge Rules

SAN FRANCISCO - A California law that prohibits the sending of fraudulent, unsolicited emails provides for liability only against the advertisers whose ads are contained in the messages, not the entity that sent them, a California federal judge ruled Sept. 22, granting a Nevada firm's motion to dismiss...

Mealey's IP/Tech - High Court Won't Hear Trademark Dilution Suit Over Parody Louis Vuitton Handbags

WASHINGTON, D.C. - Louis Vuitton Malletier S.A. (LV) won't have the opportunity to present arguments before the U.S. Supreme Court that a parody tote bag maker violated the Trademark Dilution Revision Act (TDRA); the high court denied the luxury goods maker's petition for certiorari in its Oct...

Mealey's IP/Tech - Megaupload Executives Denied Certiorari In Fugitive Disentitlement Dispute

WASHINGTON, D.C. - A group of former executives of the now-defunct file-sharing service Megaupload who were convicted for criminal copyright convictions won't have their questions about fugitive disentitlement of assets heard by the U.S. Supreme Court, as their petition for certiorari was denied...

Mealey's IP/Tech - Supreme Court Denies 2nd Certiorari Petition In Case Over Online Threats

WASHINGTON, D.C. - A Pennsylvania man convicted for making threats against co-workers and others on social media saw his second bid at a petition for certiorari denied Oct. 2 when the U.S. Supreme Court declined to consider his questions related to a reasonableness standard and mens rea in reaching such...

Mealey's IP/Tech - Federal Circuit Affirms Vacatur Of Jury Verdict Of Patent Infringement

WASHINGTON, D.C. - A Texas federal judge's decision to vacate a jury's finding of patent infringement with regard to the "Express" coronary stent was affirmed by the Federal Circuit U.S. Court of Appeals on Sept. 29 (G. David Jang, M.D. v. Boston Scientific Corp., et al., No. 16-1275...

Mealey's IP/Tech - 11th Circuit Reverses Rejection Of Service Mark Infringement Claim

ATLANTA - A Georgia federal judge's grant of summary judgment on behalf of a service mark infringement defendant was reversed and remanded Oct. 3 by the 11th Circuit U.S. Court of Appeals, which deemed controlling a 1975 case that extended protection for federally registered service marks to goods...

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

WASHINGTON, D.C. - Citing the doctrine of collateral estoppel, the Federal Circuit U.S. Court of Appeals on Oct. 3 found that an inventor is barred from challenging a decision by the Patent Trial and Appeal Board that various claims of her patent are anticipated or obvious (In re: Lakshmi Arunachalam...

Mealey's IP/Tech - Trial Date In Uber Trade Secrets Suit Moved To Early December

SAN FRANCISCO - In an Oct. 4 order, the federal judge overseeing the trade secrets and patent infringement lawsuit against Uber Technologies Inc. granted plaintiff Waymo LLC's motion for a continuance and delayed the start of trial until early December (Waymo LLC v. Uber Technologies Inc., et al...

Mealey's IP/Tech - Injunction Barring Drug Sales Vacated By Federal Circuit, New Trial Ordered

WASHINGTON, D.C. - A Delaware federal judge erred by excluding priority date evidence and by instructing jurors that written description can be satisfied by the disclosure of a newly characterized antigen, the Federal Circuit U.S. Court of Appeals ruled Oct. 5 in a patent dispute over the cholesterol...

Mealey's IP/Tech - Bill Unveiled In Senate To Bar Tribal Sovereign Immunity Defense For Patent Review

WASHINGTON, D.C. - A democratic U.S. senator from Missouri introduced a bill on Oct. 5 that would strip patent holders of the ability to avoid inter partes review by the Patent Trial and Appeal Board (PTAB) by claiming tribal sovereign immunity.

Mealey's IP/Tech - Patent Board Turns Away Challenge To Cancer Drug In Final Decision

ALEXANDRIA, Va. - A consolidated challenge to 22 claims of the patented cancer drug Alimta was rejected Oct. 5 by the Patent Trial and Appeal Board, which found that various petitions for inter partes review (IPR) failed to demonstrate that the claimed invention would have been obvious to a person of...

Mealey's IP/Tech - Supreme Court Denies Social Media Aggregator's Petition Challenging CFAA Ruling

WASHINGTON, D.C. - In its Oct. 10 order list, the U.S. Supreme Court denied a petition for certiorari by an online social media aggregator, which insisted that it had accessed users' data on Facebook Inc.'s social network with their consent and, thus, did not exceed authorization under the Computer...

Mealey's IP/Tech - Ex-Employee Denied Bid To Argue Computer Fraud Case In Supreme Court

WASHINGTON, D.C. - A man convicted for computer fraud and misappropriation of his former employer's trade secrets saw his petition for certiorari denied Oct. 10, as the U.S. Supreme Court declined to consider his question about what constitutes access to a computer "without authorization"...

Mealey's IP/Tech - Federal Circuit Says Jurisdiction Lacking Over Patent, Trademark Claims

WASHINGTON, D.C. - An appeal by pro se plaintiffs of a dismissal by the U.S. Court of Federal Claims of his allegations that the U.S. government committed patent and trademark infringement was turned away on Oct. 6 by the Federal Circuit U.S. Court of Appeals, which found that the patent claims were...

Mealey's IP/Tech - 1st Circuit Affirms: Copyrights Conveyed To Gripe Website

BOSTON - The First Circuit U.S. Court of Appeals on Oct. 11 upheld findings by a Massachusetts federal judge that a disgruntled civil litigant conveyed a nonexclusive license to the "Ripoff Report" website when he clicked a box acknowledging that a user who posts on the site agrees to give...

Mealey's IP/Tech - Federal Circuit Upholds PTO Decision To Exclude Attorney From Practice

WASHINGTON, D.C. - A determination by the U.S. Patent and Trademark Office (PTO) - later upheld by a Virginia federal judge - that an attorney should be excluded from practicing before the PTO in light of his disbarment in North Carolina was itself upheld on Oct. 12 by the Federal Circuit U.S. Court...

Mealey's IP/Tech - Trade Secrets, Other Claims Not Plausible On Face, Former Business Partner Says

CHICAGO - A company has failed to show that its trade secrets misappropriation, trademark infringement, breach of contract and other claims against its former business partner are plausible on their face and, thus, dismissal of those claims is warranted, the former business partner argues in an Oct....

Mealey's IP/Tech - High Court Won't Hear Suit Over Whether 'Google' Trademark Is Generic

WASHINGTON, D.C. - In its Oct. 16 order list, the U.S. Supreme Court denied a petition for certiorari in which two men asserted that the term "google" has become generic and, thus, is no longer entitled to trademark protection (David Elliott, et al. v. Google Inc., No. 17-258, U.S. Sup.).

Mealey's IP/Tech - Federal Circuit Affirms: Mail Barcode Patents Claim Ineligible Matter

WASHINGTON, D.C. - A California federal judge did not err in dismissing an infringement action because the patents in suit are directed to patent-ineligible subject matter under Section 101 of the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled Oct. 16 (Secured Mail Solutions...

Mealey's IP/Tech - Tribal Sovereign Immunity Defense For Patent Review Questioned By Judge

MARSHALL, Texas - Out of an abundance of caution, and with "serious concerns" about a drugmaker's attempt at shielding its patents from review by using an Indian tribe's sovereign immunity, a Texas federal judge on Oct. 16 joined the tribe as a plaintiff in the drugmaker's infringement...

Mealey's IP/Tech - 11th Circuit Upholds Denial Of Injunction In Trademark Case

ATLANTA - A Florida federal judge's decision to deny a preliminary injunction barring an infringement defendant from using the "HealthPrint" trademark was affirmed Oct. 17 by the 11th Circuit U.S. Court of Appeals, which found that evidence of actual confusion is lacking in the case (Superior...

Mealey's IP/Tech - Exclusion Order Barring Importation Of Infringing Products Affirmed

WASHINGTON, D.C. - A limited exclusion order entered by the International Trade Commission (ITC) against Arista Networks Inc. based upon findings that Arista infringed three Cisco Systems Inc. patents was upheld Oct. 18 by the Federal Circuit U.S. Court of Appeals, which found no error in the ITC's...

Mealey's IP/Tech - Divided Federal Circuit Upholds Patent Ineligibility Findings

WASHINGTON, D.C. - An Illinois federal judge did not err in declaring four patents ineligible under Section 101 of the Patent Act, 35 U.S.C. 101, because the invention is directed to the abstract idea of paying for public transportation with a credit card and lacks a sufficiently inventive concept, the...

Mealey's IP/Tech - After Receiving Patents, Tribe Files Infringement Action Against Amazon

ALEXANDRIA, Va. - A Native American tribe filed a 12-count patent infringement lawsuit Oct. 18 against Amazon.com Inc. in Virginia federal court relating to six patents that had been transferred to the tribe by a computer technology company two months earlier (SRC Labs, LLC, et al. v. Amazon Web Services...