LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit: Patent Owner Estopped From Asserting Certain Claims

WASHINGTON, D.C. - A summary affirmance upholding invalidity findings by the Patent Trial and Appeal Board that was issued the same day, and involves the same patent claims, collaterally estops a patent owner from asserting the patent "in any further proceedings," a divided Federal Circuit...

Mealey's IP/Tech - Apple's Award Increased To $538 Million Following Smartphone Patent Retrial

SAN FRANCISCO - Following five days of deliberation, jurors empaneled before U.S. Judge Lucy Koh of the Northern District of California on May 24 returned a verdict in favor of Apple Inc., awarding the software giant $538,641,616 in connection with infringement of three design and two utility patents...

Mealey's IP/Tech - 6th Circuit Turns Away Appeal Of Denied Dismissal Of Trademark Claims

CINCINNATI - A Michigan federal judge's order denying dismissal of trademark infringement allegations will not be reviewed by the Sixth Circuit U.S. Court of Appeals at this time, the court announced May 23 (In re: MovingSites LLC, No. 18-102, 6th Cir., 2018 U.S. App. LEXIS 13716).

Mealey's IP/Tech - Hotel Franchisor Awarded More Than $900,000 In Franchisee Profit Dispute

HOUSTON - A Texas federal judge on May 22 awarded a hotel franchisor more than $900,000 on its unopposed motion for damages and attorney fees against a former franchisee that continued to use registered trademarks after its franchise agreement was terminated and now must remit profits during that time...

Mealey's IP/Tech - Federal Circuit Clarifies Construction, But Upholds Noninfringement Judgment

WASHINGTON, D.C. - A Delaware federal judge's grant of summary judgment on behalf of Microsoft Corp. will stand, but the Federal Circuit U.S. Court of Appeals on May 23 ruled that the judge erroneously construed disputed patent claim terms "file" and "dynamic license database"...

Mealey's IP/Tech - 4th Circuit Adopts Octane Evidence Standard For Fee Awards In Lanham Act Cases

RICHMOND, Va. - In a May 29 ruling, the Fourth Circuit U.S. Court of Appeals held that a prevailing party under the Lanham Act, 15 U.S.C. 1117(a), is entitled to an award of attorney fees upon establishing exceptionality by a preponderance of the evidence (Verisign Inc. v. XYZ.com LLC, et al., No. 17...

Mealey's IP/Tech - Divided Federal Circuit Reverses Patent Board's Finding Of Validity

WASHINGTON, D.C. - A panel majority of the Federal Circuit U.S. Court of Appeals on May 29 reversed findings of patent validity by the Patent Trial and Appeal Board (PTAB), but a dissenting judge argued that the court "contravenes" precedent and "improperly substitutes its own factual...

Mealey's IP/Tech - Divided, En Banc Federal Circuit Denies Rehearing In 2 Patent Cases

WASHINGTON, D.C. - In two separate orders issued May 31, the Federal Circuit U.S. Court of Appeals refused to revisit February findings that whether a claim element or combination of elements would have been well-understood, routine and conventional to a skilled artisan in the relevant field at a particular...

Mealey's IP/Tech - 9th Circuit Judge Issues Sua Sponte Request To Rehear Copyright Case

SAN FRANCISCO - In a May 25 order, the Ninth Circuit U.S. Court of Appeals announced that an unidentified judge of the court has requested, sua sponte, a vote on en banc rehearing of an April ruling that a monkey lacks standing under the Copyright Act, 17 U.S.C. 101 et seq., to maintain an action for...

Mealey's IP/Tech - 7th Circuit Affirms: Defendant Authored Work Before Copyright Plaintiff

CHICAGO - An Illinois federal judge did not err in granting a romance novelist summary judgment on allegations of copyright infringement, in view of undisputed evidence that the accused work was completed before the plaintiff's, the Seventh Circuit U.S. Court of Appeals ruled June 1 (Kelly Rucker...

Mealey's IP/Tech - 6th Circuit: Injunction Properly Denied In 'Trick Pony' Trademark Case

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 31 found that a Tennessee federal judge properly concluded that a trademark infringement plaintiff is not entitled to a preliminary injunction barring the band "Trick Pony" from touring under its name (PGP LLC v. TPII LLC, et al.,...

Mealey's IP/Tech - Jay-Z, Others Prevail In Appeal Of 'Big Pimpin'' Copyright Judgment

SAN FRANCISCO - Allegations by the heir of an Egyptian composer that rapper Jay-Z, also known as Shawn Carter, improperly copied from "Khosara Khosara" in the "hook" of the hit song "Big Pimpin'" were properly rejected by a California federal judge, the Ninth Circuit...

Mealey's IP/Tech - Means-Plus-Function Findings Not Adequately Supported, Federal Circuit Says

WASHINGTON, D.C. - A California federal judge's determination that three claims of two patents are invalid as indefinite, based upon findings that the claims recite means-plus-function terms without sufficient corresponding structure, were vacated June 1 by the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - 9th Circuit Again Reverses Trade Dress Functionality Finding

SAN FRANCISCO - For the second time in three years, the Ninth Circuit U.S. Court of Appeals on June 5 vacated and remanded a California federal judge's finding that the use of the color bright green for foam ear plugs is functional and thus unprotectable as trade dress (Moldex-Metrix Inc. v. McKeon...

Mealey's IP/Tech - Washington AG Sues Facebook, Google Over Campaign Finance Disclosure

SEATTLE - Washington Attorney General (AG) Robert W. Ferguson on June 4 filed complaints on behalf of the state against Facebook Inc. and Google Inc. in the King County Superior Court, asserting that both firms failed to comply with record-keeping and reporting requirements of Washington's campaign...

Mealey's IP/Tech - Obviousness Finding Upheld, But Federal Circuit Won't Review Noninstituted Claims

WASHINGTON, D.C. - In a June 7 ruling, the Federal Circuit U.S. Court of Appeals rejected assertions by a patent owner that the Patent Trial and Appeal Board erred in finding a motivation to combine two prior art references in a dispute over a marine seismic surveying patent (PGS Geophysical AS v. Andrei...

Mealey's IP/Tech - Settlement In Principle Reached In Long-Running YouTube Fair Use Case

OAKLAND, Calif. - One year after a YouTube user was denied certiorari on questions of fair use and good faith surrounding the takedown provisions of the Digital Millennium Copyright Act (DMCA), a California federal magistrate judge announced in a June 6 minute entry that the parties in the 11-year old...

Mealey's IP/Tech - Federal Circuit Upholds Fee Award, Summary Judgment In Patent Case

WASHINGTON, D.C. - A Texas federal judge did not err in granting Huawei Technologies Co. Ltd. summary judgment, nor in awarding Huawei attorney fees incurred in defending allegations that it infringed three semiconductor patents, the Federal Circuit U.S. Court of Appeals concluded June 8 (Xiaohua Huang...

Mealey's IP/Tech - Dispute Over Patented Spinal Column Deviation Treatment Remanded

WASHINGTON, D.C. - In a June 11 decision, the Federal Circuit U.S. Court of Appeals partly affirmed and partly vacated findings of patentability by the Patent Trial and Appeal Board with regard to methods and systems for ameliorating aberrant spinal column deviations (Medtronic Inc. v. Mark A. Barry...

Mealey's IP/Tech - Despite Remand, Federal Circuit Won't Require Board To Consider Fraud Claim

WASHINGTON, D.C. - In a June 11 order, the Federal Circuit U.S. Court of Appeals granted a joint motion to remand to the Patent Trial and Appeal Board an inter partes review (IPR) of an animal litter patent but declined a petitioner's request that the court order the board to address allegations...

Mealey's IP/Tech - Supreme Court To Hear Apple App Store Antitrust Standing Dispute

WASHINGTON, D.C. - At the federal government's suggestion, the U.S. Supreme Court in its June 18 order list granted certiorari to Apple Inc. to decide a question of when consumers are direct or indirect purchasers related to their standing to sue a manufacturer for monopolization under the Sherman...

Mealey's IP/Tech - 6th Circuit Affirms: Trademark Use Was In Good Faith, Descriptive

CINCINNATI - A Kentucky federal judge did not err in finding that two distillery operators adopted the "Old Taylor" name descriptively and in good faith, thus entitling them to a fair use defense to allegations of trademark infringement, the Sixth Circuit U.S. Court of Appeals ruled June 14...

Mealey's IP/Tech - RICO Claims Dismissed In Trade Secret Lawsuit Against Google, Others

SAN JOSE, Calif. - A federal judge in California on June 13 ruled that an architect and his firm have not shown that they have standing to bring claims for violation of the Racketeer Influenced and Corrupt Organizations Act in a trade secret misappropriation and RICO lawsuit by failing to provide sufficient...

Mealey's IP/Tech - Rehearing Denied In Dispute Over Alleged False Statements Made To PTO

WASHINGTON, D.C. - In a June 15 order, the Federal Circuit U.S. Court of Appeals announced that it will not rehear a dispute over whether it or the Fifth Circuit U.S. Court of Appeals has jurisdiction to decide a dispute over antitrust violations stemming from fraud before the U.S. Patent and Trademark...

Mealey's IP/Tech - 9th Circuit Reverses Finding Of 'Mastermind' Trademark Invalidity

SAN FRANCISCO - A California federal judge erred when dismissing a trademark infringement complaint on grounds of trademark invalidity, as well as in his subsequent order canceling the "Mastermind" trademark, the Ninth Circuit U.S. Court of Appeals ruled June 15 (Raul Caiz v. William Leonard...