LexisNexis® Legal Newsroom
Mealey's IP/Tech - 6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers

CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal...

Mealey's IP/Tech - 7th Circuit Agrees With Jury Verdict Of No Trademark Infringement

CHICAGO - Allegations that a defendant violated the Lanham Act when operating a "painting night" business under the name "Wine & Canvas" were properly rejected by jurors, the Seventh Circuit U.S. Court of Appeals ruled Aug. 17 (Wine & Canvas Development LLC, et al. v. Christopher...

Mealey's IP/Tech - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc...

Mealey's IP/Tech - Federal Circuit Affirms: Oracle Did Not Infringe Middleware Patent

WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S....

Mealey's IP/Tech - 5th Circuit Finds Yahoo Owes $4.4 Million In NCAA Contest Dispute

NEW ORLEANS - Reversing a $550,000 judgment in favor of Yahoo! Inc., a Fifth Circuit U.S. Court of Appeals panel on Aug. 21 found instead that Yahoo owed $4.4 million for breaching the cancellation terms of its contract with a promotions firm related to an online NCAA contest (SCA Promotions Inc. v....

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Inter Partes Review Findings

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in determining that a patented heating, ventilating and air conditioning (HVAC) system is invalid as anticipated or obvious, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Nidec Motor Corporation v. Zhongshan Broad Ocean Motor...

Mealey's IP/Tech - Federal Circuit Says 'Block-Like' Claim Term Renders Patent Indefinite

WASHINGTON, D.C. - An ex parte re-examination of a patent claiming an artificial reef ended correctly with a finding by the Patent Trial and Appeal Board that the term "block-like" is indefinite, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (In re: David Walter, No. 16-2256, Fed...

Mealey's IP/Tech - 9th Circuit Finds VidAngel's Filtering Service Infringing, Affirms Injunction

SAN FRANCISCO - Four movie studio plaintiffs are likely to succeed on the merits of their copyright infringement claims against a video-streaming service that provides filtered, family-friendly copies of movies, a Ninth Circuit U.S. Circuit Court of Appeals panel ruled Aug. 24, affirming a preliminary...

Mealey's IP/Tech - Attorney Fee Award Upheld By Federal Circuit In Longstanding Patent Case

WASHINGTON, D.C. - An award of $1.6 million in attorney fees in a patent dispute that made its way to the U.S. Supreme Court in 2014 was affirmed Aug. 25 by the Federal Circuit U.S. Court of Appeals (ICON Health & Fitness Inc. v. Octane Fitness LLC, No. 16-1047, Fed. Cir.).

Mealey's IP/Tech - 11th Circuit Says Dismissal Of Lanham Act Dispute Over Ownership Was Proper

ATLANTA - An Alabama federal judge did not err in dismissing allegations of Lanham Act violations stemming from representations by five defendants that they are the true owner of coal and timber collected on a plaintiff's land, the 11th Circuit U.S. Court of Appeals ruled Aug. 24 (Black Diamond Management...

Mealey's IP/Tech - Divided Federal Circuit: Postal Service Can Seek Patent Review Under AIA

WASHINGTON, D.C. - In an Aug. 28 ruling, a divided Federal Circuit U.S. Court of Appeals upheld findings by the Patent Trial and Appeal Board that a mail-processing patent is directed to ineligible subject matter after agreeing that a governmental agency - the U.S. Postal Service (USPS) -may initiate...

Mealey's IP/Tech - 6th Circuit: Dismissal Of Declaratory Judgment Copyright Claim Was Proper

CINCINNATI - An Ohio federal magistrate judge did not err in dismissing, as redundant, a declaratory judgment counterclaim of noninfringement filed by an alleged downloader of various copyrighted films, the Sixth Circuit U.S. Court of Appeals ruled Aug. 28 (Malibu Media LLC v. David Ricupero, No. 16...

Mealey's IP/Tech - Federal Circuit Grants Rehearing In Dispute Over Patent Office Fee Award

WASHINGTON, D.C. - In an en banc, sua sponte order issued Aug. 31, the Federal Circuit U.S. Court of Appeals announced that it will rehear a dispute over the U.S. Patent and Trademark Office (PTO)'s entitlement to attorney fees upon a successful defense of a rejected patent application (NantKwest...

Mealey's IP/Tech - Federal Circuit Won't Rehear Dispute Over Apportioned Patent Damages

WASHINGTON, D.C. - A deeply divided Federal Circuit U.S. Court of Appeals on Sept. 1 rejected a request for panel rehearing and rehearing en banc of a March ruling that upheld a $36 million lost profits award in a patent case (Mentor Graphics Corp. v. Synopsys Inc., et al., Nos. 2015-1470, -1554, -1556...

Mealey's IP/Tech - Federal Circuit Panel Upholds $91M Verdict In Trade Secrets Lawsuit

WASHINGTON, D.C. - A federal district court did not err in denying a company's motion for a new trial following a jury's award of a $70 million verdict on claims for misappropriation of trade secrets and a federal judge's order requiring the company to pay an additional $21 million because...

Mealey's IP/Tech - Federal Circuit: Protocol Processing Patent Properly Held Obvious

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 6 upheld findings by the Patent Trial and Appeal Board that a patented apparatus and method for cryptographic processing with the serial advanced technology attachment (SATA) protocol is unpatentable under Section 103 of the Patent...

Mealey's IP/Tech - 2nd Circuit Affirms Trademark Ownership, Laches Determinations

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 8 upheld findings by a New York federal judge that a dispute over the "Kehot" trademark and a related logo is barred by the doctrine of laches, citing a 16-year delay between when the trademark owner learned of the unauthorized use...

Mealey's IP/Tech - Trademark, Patent Infringement Judgment Upheld By Federal Circuit

WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion or err in entering a final judgment of trademark and patent infringement against a defendant accused of selling a competing, knockoff hydradermabrasion system, the Federal Circuit U.S. Court of Appeals held Sept. 8 (Edge Systems...

Mealey's IP/Tech - Federal Circuit Affirms That Eyewear Retainer Patent Is Obvious

WASHINGTON, D.C. - The Patent Trial and Appeal Board, following inter partes review (IPR), did not err in deeming all 17 claims of a patented eyewear retention device obvious to a person of skill in the art, the Federal Circuit U.S. Court of Appeals ruled Sept. 12 (Cablz Inc. v. Chums Inc., et al., No...

Mealey's IP/Tech - Federal Circuit Affirms: Jurisdiction Lacking In Patent Ownership Case

WASHINGTON, D.C. - A concession by two declaratory judgment defendants that they currently hold no title to a patent portfolio and that they will not hold title until a court determines otherwise are fatal to two declaratory judgment plaintiffs' assertion of federal subject matter jurisdiction over...

Mealey's IP/Tech - Judgment Premised On Erroneous Claim Construction, Federal Circuit Says

WASHINGTON, D.C. - A Michigan federal judge did not abuse her discretion in dismissing patent invalidity defenses and counterclaims in a dispute over soffit panels but did err in granting the patent owner a summary judgment of infringement and permanent injunction, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - 9th Circuit Reverses, Remands Trade Dress Functionality Ruling

SAN FRANCISCO - A California federal judge erred in holding that the overall configuration of a live auction television show is functional, the Ninth Circuit U.S. Court of Appeals ruled Sept. 15, reversing and remanding the denial of preliminary injunctive relief in a trade dress infringement and trade...

Mealey's IP/Tech - 2nd Circuit Affirms Denial Of Request To Disqualify Trademark Counsel

NEW YORK - Although vacating and remanding a permanent injunction, the Second Circuit U.S. Court of Appeals on Sept. 19 affirmed a New York federal judge's decision to deny a request for disqualification of Locke Lord in a dispute over the Swiss Army knife trade dress (Victorinox AG, et al. v. The...

Mealey's IP/Tech - Patent Board's Inurement Determination Reversed, Remanded By Federal Circuit

WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of assertions by an appellant that it created a prototype embodying a claimed invention before the priority date of a cited prior art reference was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 20 (NFC Technology...

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...