LexisNexis® Legal Newsroom
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 - Apple, Samsung Brief On 'Article Of Manufacture' In Remanded Design Patent Case

SAN JOSE, Calif. - In briefs filed Sept. 8 in response to a California federal judge's directive after rulings and remand orders from the U.S. Supreme Court and the Federal Circuit U.S. Court of Appeals, Apple Inc. and Samsung Electronics Co. Ltd. address questions about how to determine what the...

Mealey's IP/Tech - Petitioner Tells Patent Board Semiconductor Testing Patent Is Obvious

ALEXANDRIA, Va. - In a Sept. 11 petition for inter partes review by the Patent Trial and Appeal Board, Mentor Graphics Corp. takes aim at a patent directed to a method and apparatus for semiconductor testing, asserting that generating test data and identifying an outlier in the test data "was well...

Mealey's IP/Tech - With Similarity Lacking, California Federal Judge Dismisses Copyright Case

LOS ANGELES - Allegations that the sponsor of a screenwriting contest misappropriated one of the submissions for use in the hit ABC sitcom "Black-ish" were rejected Sept. 13 by a California federal judge, who found no similarity between the sitcom and the submission as required to maintain...

Mealey's IP/Tech - Black & Decker Loses Out On $54M Trademark Verdict Due To Expert's Flawed Survey

CHICAGO - Two companies got a $54 million trademark infringement verdict against them tossed Sept. 11 when an Illinois federal judge granted them a new trial based on the unreliability and irrelevance of expert testimony regarding the likelihood of consumer confusion about the products at issue, which...

Mealey's IP/Tech - Patent Board Institutes Review Of System, Method For Controlling Trains

ALEXANDRIA, Va. - In a Sept. 14 ruling, the Patent Trial and Appeal Board found that Westinghouse Air Brake Technologies Corp. enjoys a reasonable likelihood of proving that various claims of a patented system and method of controlling a train are unpatentable (Westinghouse Air Brake Technologies Corp...

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 - New York Federal Judge Denies UMG's Motion To Dismiss Copyright Claim

BROOKLYN, N.Y. - Assertions by defendant Universal Music Group (UMG) Inc. that a copyright infringement action should be dismissed on jurisdiction grounds or for failure to state a claim were rejected as "legally insufficient" by a New York federal judge on Sept. 17 (Hypefortype Ltd v. Universal...

Mealey's IP/Tech - Gab App Maker Sues Google For Antitrust After Removal From Play Store

PHILADELPHIA - The operator of the conservative-leaning Gab social network claims that Google LLC removed its app from the Google Play Store under false "hate speech" pretenses, asserting in a Sept. 14 complaint that it was purely a move to squelch a potential rival, bringing antitrust claims...

Mealey's IP/Tech - Google AdWords User Opposes Dismissal Of Unfair Competition Claims

SAN JOSE, Calif. - In a Sept. 15 brief in California federal court, a customer of Google Inc.'s AdWords program argues that he sufficiently alleged unfair competition and false advertising claims based on click fraud charges he incurred due to Google's misrepresentations about the frequency of...

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 - Scholastic Wins Transfer Of Copyright Action To New York Federal Court

TRENTON, N.J. - Allegations that Scholastic Inc. exceeded the terms of a limited license to use a plaintiff's copyrighted photographs in its publications will proceed in New York federal court in light of Scholastic's forum-selection clause with a stock photography agency, a New Jersey federal...

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 - Jurisdiction Lacking Over Dutch Company Accused Of Copyright Infringement

COLUMBUS, Ohio - In a Sept. 19 ruling, an Ohio federal judge found that a corporation incorporated and operating in the Netherlands cannot be made to stand trial in the United States on allegations that it infringed a copyrighted psychological assessment (IDS Publishing Corporation v. Reiss Profile Europe...

Mealey's IP/Tech - Judge: Right Of Publicity Act Class Suit Fails Due To Express Consent

CHICAGO - The user of a photo mobile application who consented to sending invitations to all of his contacts in exchange for free storage space cannot now sue the app creator for using his name when contacting his contacts, an Illinois federal judge ruled Sept. 20, finding that the class complaint fails...

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 - Ex-Employee Defends Certiorari Petition In CFAA Unauthorized Access Suit

WASHINGTON, D.C. - In a Sept. 19 reply brief supporting his petition for certiorari, a man who was convicted for unauthorized access of his former employer's network under the Computer Fraud and Abuse Act (CFAA) tells the U.S. Supreme Court that a ruling by the Ninth Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Sony Files Petition For Inter Partes Review Of Electronic Chassis Patent

ALEXANDRIA, Va. - On Sept. 20, Sony Corp. asserted before the Patent Trial and Appeal Board that three claims of a patented electronic chassis and housing with an integrated forced air cooling system would have been obvious to a person of skill in the art in light of two prior art references (In re:...

Mealey's IP/Tech - Spacer Variation Patent Would Have Been Obvious, Petitioner Tells Board

ALEXANDRIA, Va. - In a Sept. 20 request for inter partes review, two petitioners took aim at a patented method of integrated circuit manufacturing including the formation of selectively sized spacers (Renesas Electronics Corporation and Renesas Electronics America Inc. v. Lone Star Silicon Innovations...

Mealey's IP/Tech - Oregon Federal Judge Partly Grants Motion To Stay Patent Litigation

PORTLAND, Ore. - An Oregon federal judge on Sept. 22 agreed to stay claim construction briefing in a patent case and strike a planned December claim construction hearing until the U.S. Patent and Trademark Office (PTO) agrees to grant or deny three petitions for inter partes review (IPR) of three patents...

Mealey's IP/Tech - Oracle's False Advertising Counterclaims Survive Motion To Dismiss

LAS VEGAS - A Nevada federal judge on Sept. 21 found that Lanham Act claims based upon a former copyright infringement defendant's alleged false representation that its revised software maintenance program was no longer infringing are not preempted by the Copyright Act, 17 U.S.C. 101 et seq. (Rimini...

Mealey's IP/Tech - Boat Maker Argues Rival Identified No Protectable Trade Dress, Trade Secrets

ATLANTA - A competing high-end boat manufacturer failed to identify any protectable, nonfunctional trade dress that was allegedly infringed, a craft designer tells the 11th Circuit U.S. Court of Appeals in a Sept. 20 appellee brief, also alleging that purportedly misappropriated confidential information...

Mealey's IP/Tech - Ohio Federal Judge Dismisses Accused Product From Patent Case

COLUMBUS, Ohio - Allegations that Rust-Oleum Corp. and other defendants infringed a patented method of vinyl siding restoration through their "NeverWet" product were dismissed by an Ohio federal judge on Sept. 21 (Alan K. Stuart, et al. v. Rust-Oleum Corporation, et al., No. 16-622, S.D. Ohio...