LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Reverses Judgment In Colon Purging Patent Case

WASHINGTON, D.C. - A New York federal judge erred in granting a defendant summary judgment that it did not directly infringe or induce others to infringe various claims of a patent directed to methods and compositions for purging a colon, the Federal Circuit U.S. Court of Appeals ruled May 5 (Braintree...

Mealey's IP/Tech - 4th Circuit Affirms: Confusion Unlikely In '450' Trademark Case

RICHMOND, Va. - A North Carolina federal judge did not err in concluding that consumers were unlikely to be confused between the use of "450" in connection with competing hair care products, the Fourth Circuit U.S. Court of Appeals affirmed May 5 (Grayson O Company v. Agadir International LLC...

Mealey's IP/Tech - Government Opposes Certiorari In Dispute Over YouTube Video Takedown

WASHINGTON, D.C. - In a May 4 amicus curiae brief in the U.S. Supreme Court, the U.S. government voiced its opposition to a YouTube user's petition for certiorari, opining that a Ninth Circuit U.S. Court of Appeals ruling on good faith related to a copyright holder's Digital Millennium Copyright...

Mealey's IP/Tech - Federal Circuit: No Due Process Violation In Bandwidth Patents Case

WASHINGTON, D.C. - A decision, upon inter partes review (IPR), that deemed various claims of two bandwidth selection patents anticipated or obvious over prior art was not a violation of the patent owner's due process rights, the Federal Circuit U.S. Court of Appeals ruled May 8 (Intellectual Ventures...

Mealey's IP/Tech - In Partial Reversal, Federal Circuit Says Claims Lack Descriptive Support

WASHINGTON, D.C. - A holding by the Patent Trial and Appeal Board that confirmed the patentability of five claims of a fiber optic patent was reversed May 10 by the Federal Circuit U.S. Court of Appeals (Cisco Systems Inc. v. Cirrex Systems LLC, Nos. 16-1143, -1144, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Agrees With Examiner, Board: Patent Is Obvious

WASHINGTON, D.C. - A patent application covering an apparatus for engaging in wireless commercial transactions was properly rejected by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled May 9 (In re: Paul Poniatowski, No. 17-1346, Fed. Cir., 2017 U.S. App. LEXIS 8185...

Mealey's IP/Tech - Company's Trade Secrets Misappropriation Claims Survive Dismissal Motion

DALLAS - Defendants in a misappropriation of trade secrets and intellectual property lawsuit have failed to show that a plaintiff failed to state its claims for violation of the Texas Uniform Trade Secrets Act (TUTSA), as well as several common-law claims, a federal magistrate judge in Texas ruled May...

Mealey's IP/Tech - Federal Circuit: Board Within Its Authority In Granting Patent Review

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to proceed with an inter partes review (IPR) after the petitioner requested that the petition be denied was not outside the board's statutory authority, the Federal Circuit U.S. Court of Appeals ruled May 10 (In re: AT&T Intellectual...

Mealey's IP/Tech - Court Lacks Jurisdiction Over Defendant In Trade Secrets Suit, Judge Rules

HOUSTON - A federal district court lacks personal jurisdiction over a defendant in a patent infringement and misappropriation of trade secrets lawsuit because the plaintiff failed to show that the defendant had any contacts with the forum state, a federal judge in Texas ruled May 8 in granting the defendant's...

Mealey's IP/Tech - Indiana Magistrate Judge Orders Discovery Of Franchise Pacts In Restaurant Row

HAMMOND, Ind. - An Indiana magistrate judge on May 10 granted a Texas grill and saloon franchisor's motion to compel discovery of franchise agreements of a western-style restaurant franchisor that is accusing it of trademark and trade dress infringement, but limited it to production of U.S. franchise...

Mealey's IP/Tech - Federal Circuit Denies En Banc Hearing In Challenge To AIA

WASHINGTON, D.C. - A request by a patent licensee for en banc hearing of an appeal over the right of third parties to challenge patents in a petition for inter partes review (IPR) before the Patent Trial and Appeal Board was denied May 11 by the Federal Circuit U.S. Court of Appeals (Cascades Projection...

Mealey's IP/Tech - Twitter Prevails Before Federal Circuit In Patent Eligibility Dispute

WASHINGTON, D.C. - A New York federal judge properly granted Twitter Inc. a summary judgment that five direct message publishing patents claim ineligible subject matter, the Federal Circuit U.S. Court of Appeals ruled May 12 (EasyWeb Innovations LLC v. Twitter Inc., No. 16-2066, Fed. Cir., 2017 U.S....

Mealey's IP/Tech - Federal Circuit Affirms Exceptionality Finding, Fee Award In Patent Case

WASHINGTON, D.C. - A Delaware federal judge's award of $2.5 million in attorney fees in connection with a successful defense of an equity action alleging fraud upon the court was not an abuse of discretion, the Federal Circuit U.S. Court of Appeals ruled May 11 (NOVA Chemicals Corp., et al. v. Dow...

Mealey's IP/Tech - 9th Circuit Sides With Google In Genericide Dispute

SAN FRANCISCO - An Arizona federal judge did not err in concluding that a plaintiff failed to establish that the primary significance of the word "google" to the relevant public is as a generic name for internet search engines, instead of as a trademark identifying the Google Inc. search engine...

Mealey's IP/Tech - New York Federal Judge Says Trademark Complaint States Claim For Relief

NEW YORK - A New York federal judge on May 16 denied a defendant restaurateur's motion to dismiss a complaint that its use of trademarks infringes a pizza franchisor's trademark that predates the restaurateur's mark, finding that the complaint states a claim upon which relief can be granted...

Mealey's IP/Tech - Federal Circuit Affirms Invalidation Of 2 Reissue Patent Claims

WASHINGTON, D.C. - In a divided May 16 ruling, the Federal Circuit U.S. Court of Appeals found no error in a Delaware federal judge's decision to invalidate two claims of a reissue patent directed to a boron-containing steel sheet (ArcelorMittal, et al. v. AK Steel Corp., et al., No. 16-1357, Fed...

Mealey's IP/Tech - Indiana Federal Judge Dismisses Franchise Fraud Claims Against Publisher

INDIANAPOLIS - An Indiana federal judge on May 16 granted third-party defendants' motion to dismiss franchise fraud claims against them in a trademark infringement case, saying counterclaimants failed to plead their claim with sufficient particularity (Britt Interactive LLC, et al. v. A3 Media LLC...

Mealey's IP/Tech - 11th Circuit Weighs In On Copyright Registration Requirement

ATLANTA - In a May 18 ruling, the 11th Circuit U.S. Court of Appeals concluded that copyright registration occurs when the Register of Copyrights registers a work, and not merely when an application for a registration is filed (Fourth Estate Public Benefit Corporation v. Wall-Street.com LLC, No. 16-13726...

Mealey's IP/Tech - Panel Upholds Minor's Criminal Threats Conviction Based On Facebook Post

LOS ANGELES - A California appeals panel on May 16 found that a junior high student's violent Facebook post was properly deemed a criminal threat under state law because it reasonably communicated a threat of death or bodily injury to identified targets, leading it to affirm a juvenile court's...

Mealey's IP/Tech - Supreme Court: 'Reside' In Patent Venue Statute Not Amended By Congress

WASHINGTON, D.C. - Changes by Congress to the general venue statute, 28 U.S.C. 1391(c), did not modify the meaning of the patent venue statute, 28 U.S.C. 1400(b), as interpreted in Fourco Glass Co. v. Transmirra Products Corp., 353 U. S. 222, 226 (1957), to mean that a domestic corporation "resides"...

Mealey's IP/Tech - Certiorari Granted In Dispute Over Scope Of IPR Final Decisions

WASHINGTON, D.C. - A divided June 2016 ruling by the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board need not address in a final written decision the patentability of all claims identified in a petition for inter partes review (IPR) will be reviewed, the U.S. Supreme Court...

Mealey's IP/Tech - Federal Circuit Partly Reverses Injunction In Equivalents Case

WASHINGTON, D.C. - Although a Texas federal judge erred in barring the manufacture and sale of an accused generic form of the lymph-node-mapping dye isosulfan blue (ISB) with regard to two patents, relief was proper with regard to a third patent, the Federal Circuit U.S. Court of Appeals ruled May 19...

Mealey's IP/Tech - Federal Circuit: Patent, Copyright, Trademark Claims Properly Rejected

WASHINGTON, D.C. - A Washington federal judge did not err in rejecting allegations that Amazon.com Inc. infringes the intellectual property of others through its online marketplace and "Fulfillment by Amazon" service, the Federal Circuit U.S. Court of Appeals ruled May 23 (Milo & Gabby...

Mealey's IP/Tech - Federal Circuit Lacks Jurisdiction In Dispute Over Prejudgment Interest

WASHINGTON, D.C. - A Nevada federal judge's decision to award Halo Electronics Inc. prejudgment interest in a patent dispute is not appealable, because a final judgment has not yet been entered in the case, the Federal Circuit U.S. Court of Appeals ruled May 26 (Halo Electronics Inc. v. Pulse Electronics...

Mealey's IP/Tech - Federal Circuit Remands For Redetermination Of Mark Cancellation Petition

WASHINGTON, D.C. - A rejection by the Trademark Trial and Appeal Board (TTAB) of a petition for cancellation of the "Alec Bradley Star Insignia" trademark was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 24 (Joseph Phelps Vineyards LLC v. Fairmont Holdings LLC, No...