LexisNexis® Legal Newsroom
Mealey's IP/Tech - University, Publishers Argue Fair Use In Electronic Works Posting In 11th Circuit

ATLANTA - On the second appeal regarding the alleged copyright infringement of educational materials by electronic posting of their excerpts by Georgia State University (GSU) faculty, the university argues in a Feb. 6 appellee brief that a trial court judge correctly determined fair use of the works...

Mealey's IP/Tech - Panel Upholds Lanham Act Judgment Without Expert Testimony On Actual Injury

RICHMOND, Va. - Without expert testimony, a seller of internet domain names could not establish the elements of its Lanham Act claim, the Fourth Circuit U.S. Court of Appeals ruled Feb. 8, finding that there was no evidence that the seller suffered an actual injury as a direct result of a competitor's...

Mealey's IP/Tech - 9th Circuit: Computer Program Copyright Does Not Extend To Program Output

SAN FRANCISCO - A California federal judge properly rejected claims by the owner of a copyrighted computer-aided design (CAD) program that its copyright extends to images and files produced by the program, the Ninth Circuit U.S. Court of Appeals ruled Feb. 9 (Design Data Corp. v. Unigate Enterprise Inc...

Mealey's IP/Tech - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist...

Mealey's IP/Tech - Federal Judge Refuses To Dismiss Insurers' Claim Under Defend Trade Secrets Act

TRENTON, N.J. - A New Jersey federal judge on Feb. 7 refused to dismiss insurers' federal claims under the Defend Trade Secrets Act of 2016 (DTSA) and the Computer Fraud and Abuse Act (CFAA) in their lawsuit alleging that the defendant competitors "willfully and maliciously" targeted and...

Mealey's IP/Tech - Patent Board Denies Review Of Immune System Boosting Patent

ALEXANDRIA, Va. - A request by Forty Seven Inc. for inter partes review (IPR) of a single claim of a patent relating to a method of boosting the immune system was denied by the Patent Trial and Appeal Board on Feb. 9 (Forty Seven Inc. v. Stichting Sanquin Bloedvoorziening, No. IPR2016-01529, PTAB).

Mealey's IP/Tech - Arizona Federal Judge Transfers Patent Dispute To Florida Court

PHOENIX - Allegations that two defendants infringed three patents relating to a process known as "singulation" will proceed in Florida federal court, where a separate case implicating the same three patents is already pending, an Arizona federal judge ruled Feb. 8 (ON Semiconductor Corporation...

Mealey's IP/Tech - Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products

SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized...

Mealey's IP/Tech - Federal Circuit: Proposed Generic Drug Does Not Meet Patent Limitations

WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson...

Mealey's IP/Tech - Texas Federal Judge: Design Patent Case Should Proceed In New York Court

HOUSTON - A dispute over two design patents covering ornamental women's sandals should be litigated in the U.S. District Court for the Southern District of New York where an infringement defendant is headquartered, a Texas federal judge concluded Feb. 10 (JPT Group LLC v. Balenciaga America Inc....

Mealey's IP/Tech - Patent Board Reverses Rejection Of Proposed Link Aggregation Patent

ALEXANDRIA, Va. - An examiner's rejection of 24 claims of a patent application directed to a technique for ensuring link aggregation congruency was reversed by the Patent Trial and Appeal Board on Feb. 10 (Ex parte Janos Farkas, et al., No. 2016-006007, PTAB).

Mealey's IP/Tech - Video-Streaming Firm's Filtering Service Violates DMCA, Studios Tell 9th Circuit

SAN FRANCISCO - Several movie studios tell the Ninth Circuit U.S. Court of Appeals in a Feb. 8 appellee brief that a video-streaming service provider blatantly violated the Digital Millennium Copyright Act (DMCA) by circumventing the technological protection measures (TPMs) on DVD and Blu-ray copies...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Finding Of Nonobviousness

WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of patent invalidity allegations with regard to 16 claims of a system and method for gathering website feedback was affirmed Feb. 13 by the Federal Circuit U.S. Court of Appeals (Qualtrics LLC v. OpinionLab Inc., No. 16-1177, Fed. Cir...

Mealey's IP/Tech - Patent Board Denies Roxane Request For Inter Partes Review

ALEXANDRIA, Va. - A Novartis AG patent covering a tumor treatment will not be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Feb. 13 (Roxane Laboratories Inc. v. Novartis AG, No. IPR2016-01461, PTAB).

Mealey's IP/Tech - Oracle Appeals Java Fair Use Ruling To Federal Circuit In Google Copyright Suit

WASHINGTON, D.C. - In a Feb. 10 appellant brief in the Federal Circuit U.S. Court of Appeals, Oracle America Inc. asserts error in a trial court's finding that Google Inc.'s copying of certain elements of its Java technology constituted fair use, arguing that the court failed to consider Google's...

Mealey's IP/Tech - Patent Owner: Rehearing Of Federal Circuit Summary Affirmance Is Warranted

WASHINGTON, D.C. - A January affirmance without opinion of the Patent Trial and Appeal Board by the Federal Circuit U.S. Court of Appeals in a dispute over the results of an inter partes review should be reheard, the patent owner told the Federal Circuit Feb. 9 (Leak Surveys Inc. v. FLIR Systems Inc...

Mealey's IP/Tech - Federal Judge Remands Company's UCL Claims Related To Trademark

OAKLAND, Calif. - A California federal judge on Feb. 10 granted an exclusive licensee's motion to remand its claims for violation of California's unfair competition law (UCL) and other claims related to the alleged unauthorized use of a trademark, finding that it did not waive its right to remand...

Mealey's IP/Tech - District Of Columbia Federal Judge Awards $3 Million In Copyright Case

WASHINGTON, D.C. - Following a December ruling that Poland's national public television broadcasting company committed copyright infringement, a District of Columbia federal judge on Feb. 14 ordered the defendant to pay $3.06 million in damages (Spanski Enterprises Inc. v. Telewizja Polska S.A.,...

Mealey's IP/Tech - Judge Dismisses Software Diagnostic Hacking Claims For Lack Of Jurisdiction

DETROIT - A Michigan federal judge on Feb. 13 granted a motion filed by the CEO of an electronic company and a Chinese corporation to dismiss claims for copyright infringement and trade secret misappropriation, finding that the court lacked jurisdiction over them because their conduct did not constitute...

Mealey's IP/Tech - Lenovo Spyware Class Defends Standing To Bring New York Consumer Claim

SAN JOSE, Calif. - Opposing a motion for partial dismissal by computer manufacturer Lenovo (United States) Inc. in a Feb. 10 brief, the plaintiffs in a class action over purported laptop spyware told a California federal court that they had standing to bring a New York law deceptive acts claim based...

Mealey's IP/Tech - Judge Says Trade Secret Damages Valuation Expert Testimony Will Be Allowed

DETROIT - A federal judge in Michigan on Feb. 13 adopted a special master's recommendation that the testimony of a certain expert should not be excluded from a trade secrets damages suit (MSC.Software Corporation v. Altair Engineering, Inc., et al., No. 07-cv-12807, E.D. Mich., 2017 U.S. Dist. LEXIS...

Mealey's IP/Tech - New York Magistrate Judge: Deny Sanctions In Copyright, Trademark Case

NEW YORK - A request for sanctions pursuant to 28 U.S.C. 1927 by a prevailing copyright and trade dress infringement defendant should be denied, according to a Feb. 13 ruling by a New York federal magistrate judge, who found that plaintiff's counsel did not commit fraud upon by failing to quickly...

Mealey's IP/Tech - 2nd Circuit Remands Dispute Over Pre-1972 Works, Orders Dismissal

NEW YORK - A December 2016 holding by the New York Court of Appeals that there is no right of public performance for creators of pre-1972 sound recordings under New York common law is determinative of claims that the subscription radio service Sirius XM Radio Inc. committed copyright infringement, the...

Mealey's IP/Tech - Judge: Misappropriation Of Trade Secrets Claims Against Samsung Are Time-Barred

SAN FRANCISCO - A California federal judge on Feb. 14 granted Samsung's motion to dismiss trade secret misappropriation claims in a lawsuit challenging the ownership of augmented reality technology, finding that these claims under California and New York law are barred by their respective statutes...

Mealey's IP/Tech - Apple Takes Aim At University's Channel Coding Patent

ALEXANDRIA, Va. - A patent issued to the California Institute of Technology covering channel coding and error-correcting codes would have been obvious to a person of ordinary skill in the art, Apple Inc. asserts in a Feb. 16 petition for inter partes review filed with the Patent Trial and Appeal Board...