LexisNexis® Legal Newsroom
Mealey's IP/Tech - California Federal Judge Reduces Award In Hookah Copyright Suit

LOS ANGELES - A federal judge in California on July 11 partially granted a defense motion for a directed verdict, reducing by $800,000 a jury award against a retailer that sold a copyrighted hookah without the maker's permission because two of the flavors it sold were not counterfeited Kaloud Inc...

Mealey's IP/Tech - Federal Circuit Affirms Outcome Of Inter Partes Review Of Wireless Patent

WASHINGTON, D.C. - A patent examiner's rejection - later upheld by the Patent Trial and Appeal Board - of all asserted claims of a patented method and system for allocating access rights to channels in a wireless network was upheld July 11 by the Federal Circuit U.S. Court of Appeals (IPCom GmbH...

Mealey's IP/Tech - Federal Circuit Affirms: Payroll Patent Claims Ineligible Subject Matter

WASHINGTON, D.C. - An inventor's concession that the claims of his patent are directed to an abstract idea, combined with findings that the claims recite nothing more than conventional steps beyond that abstract idea, led the Federal Circuit U.S. Court of Appeals on July 13 to affirm a California...

Mealey's IP/Tech - Adidas Sues Skechers For Patent Infringement In Oregon Federal Court

PORTLAND, Ore. - A new athletic shoe by Skechers USA Inc. makes improper use of adidas AG's patented "Springblade" technology, adidas alleges in a July 11 complaint filed in the U.S. District Court for the District of Oregon (adidas AG v. Skechers USA Inc., No. 16-1400, D. Ore.).

Mealey's IP/Tech - Delaware Federal Judge Deems Drug Patents Valid, Infringed By ANDA

WILMINGTON, Del. - On the eve of the expiration of a 30-month stay of approval by the U.S. Food and Drug Administration of an abbreviated new drug application (ANDA) for generic Savella, a fibromyalgia drug, a Delaware federal judge on July 11 deemed the proposed generic an infringement of three patents...

Mealey's IP/Tech - Post-Grant Review Of Multiple Sclerosis Treatment Patent Sought

ALEXANDRIA, Va. - A claimed method of treating multiple sclerosis (MS) with the injection of 40 milligrams of glatiramer acetate (GA) thrice weekly should not have received federal patent protection, Amneal Pharmaceuticals LLC alleges in a July 12 petition for post-grant review before the Patent Trial...

Mealey's IP/Tech - Inter Partes Review Sought In Dispute Over Microchip Links

ALEXANDRIA, Va. - Claims 13 and 15 of a patented method for forming integrated circuit "interconnects" that link components in a microchip are unpatentable because the claims "recite well-known processes for making well-known structures," according to a July 12 petition for inter...

Mealey's IP/Tech - On Remand From Supreme Court, Parties, Amicus Brief On Concreteness Of FCRA Claim

PASADENA, Calif. - In response to a directive from a Ninth Circuit U.S. Court of Appeals panel, as well as remand instructions from the U.S. Supreme Court, a Virginia man and an online data aggregator offered briefs July 11 arguing whether the plaintiff's allegations of the aggregator publishing...

Mealey's IP/Tech - Ohio Federal Judge Enters Default, Awards Trebled Damages On Design Patent Claims

CINCINNATI - A retailer on the online auction website eBay was ordered by an Ohio federal judge on July 12 to pay The Gillette Co. $55,047.42 trebled in damages in connection with allegations of trademark and design patent infringement (The Gillette Company v. Save and Discount LLC, No. 15-635, S.D....

Mealey's IP/Tech - After 5th Circuit Ruling, Google Dismisses Suit Over Mississippi AG's Subpoena

JACKSON, Miss. - Three months after the Fifth Circuit U.S. Court of Appeals found a subpoena served on Google Inc. by Mississippi Attorney General Jim Hood to be not ripe for adjudication and an injunction preventing enforcement of the subpoena to be premature, Google on July 13 filed a stipulation of...

Mealey's IP/Tech - Federal Circuit Dismisses Appeal, Rejects Request For Corrected Construction

WASHINGTON, D.C. - A patent owner's efforts to have the Federal Circuit U.S. Court of Appeals correct a claim construction rendered by the Patent Trial and Appeal Board were unsuccessful on July 15, when the panel found that it lacks appellate jurisdiction (SkyHawke Technologies LLC v. Deca International...

Mealey's IP/Tech - New York Federal Judge Sides With Fashion Website In Copyright Dispute

NEW YORK - Applying Cartoon Network LP v. CSC Holdings, Inc. (536 F.3d 121, 130 [2nd Cir. 2008]) (Cablevision) and related cases, a New York federal judge on July 15 concluded that "no reasonable juror" could find that a defendant Internet service provider "acted volitionally" when...

Mealey's IP/Tech - Texas Federal Magistrate: Attorney Fees Not Warranted In Patent Case

MARSHALL, Texas - A defendant failed to prove that a patent plaintiff litigated its case in an unreasonable manner or that the claims presented "stand out" from others pursuant to Octane Fitness LLC v. ICON Health & Fitness Inc. (134 S. Ct. 1749, 1756 [2014]), a Texas federal magistrate...

Mealey's IP/Tech - Federal Judge Agrees: Unclean Hands, Estoppel Trademark Defenses Are Without Merit

SHERMAN, Texas - An infringement plaintiff's affirmative defenses of unclean hands and estoppel in response to a defendant's counterclaim for cancellation of various trademarks were properly rejected by a Texas federal magistrate judge, a Texas federal judge concluded July 16 (Neal Technologies...

Mealey's IP/Tech - Class Seeks Preliminary Approval For Antivirus Auto-Renewal Suit Settlement

SAN JOSE, Calif. - The plaintiffs in two putative class actions against antivirus software designer McAfee Inc. filed a motion in California federal court on July 14, seeking preliminary approval of a settlement of their claims related to the auto-renewal program associated with subscriptions for the...

Mealey's IP/Tech - Yahoo, Message Recipient Debate Article III Standing In TCPA Class Action

CHICAGO - Yahoo Inc. and the lead plaintiff in a lawsuit brought under the Telephone Consumer Protection Act (TCPA) filed simultaneous briefs in Illinois federal court July 15, debating whether the plaintiff had sufficiently pleaded damages to establish standing under Article III of the U.S. Constitution...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Denial Of Patent Injunction

WASHINGTON, D.C. - A Massachusetts judge did not err in enhancing a plaintiff's damage award for willful patent infringement but should have granted the plaintiff a permanent injunction, the Federal Circuit U.S. Court of Appeals ruled July 19 in a dispute over marine generators ("gen-sets"...

Mealey's IP/Tech - Oregon Federal Judge Denies Efforts To Transfer Trademark Dispute

PORTLAND, Ore. - Allegations of trademark infringement by adidas America Inc. and adidas AG will proceed in Oregon federal court, an Oregon federal judge ruled July 19 (adidas America Inc., et al. v. Athletic Propulsion Labs LLC, No. 16-415, D. Ore.; 2016 U.S. Dist. LEXIS 92770).

Mealey's IP/Tech - German Firm Says U.S. Navy Exceeded License For Virtual Reality Software

WASHINGTON, D.C. - A German-based software development firm filed suit against the U.S. government July 15 in the U.S. Court of Federal Claims, seeking almost $600 million in damages for the U.S. Navy's copyright infringement, which the firm says occurred when the Navy far exceeded a limited license...

Mealey's IP/Tech - Federal Circuit: No Nucleus Between State Claims, Patent Infringement Claims

WASHINGTON, D.C. - Although a California federal judge properly denied a motion for attorney fees by four prevailing patent infringement defendants, she improperly exercised supplemental jurisdiction over state law claims of breach of fiduciary duty, aiding and abetting and unfair competition because...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Dismissal Of Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge erred in finding that a Finland-based patent infringement defendant lacked sufficient minimum contacts with Delaware to support specific jurisdiction there, the Federal Circuit U.S. Court of Appeals ruled July 20 (Polar Electro Oy v. Suunto Oy, No. 15-1930...

Mealey's IP/Tech - 7th Circuit Partly Affirms Discovery Sanctions Against Attorney In File-Sharing Suit

CHICAGO - In a July 19 ruling, a Seventh Circuit U.S. Court of Appeals panel affirmed discovery sanctions against an attorney in a "porno-trolling collective" for what it called egregious and obstructive behavior in failing to comply with a trial court's sanctions awards against it in the...

Mealey's IP/Tech - 9th Circuit Affirms Pandora Privacy Suit Dismissal Per Michigan High Court Ruling

SAN FRANCISCO - Two weeks after the Michigan Supreme Court determined that the lead plaintiff in a putative class action against Pandora Media Inc. did not constitute a customer of Pandora's online streaming service per Michigan's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of...

Mealey's IP/Tech - 7th Circuit Affirms: Use Of Karaoke Tracks Unlikely To Confuse

CHICAGO - A plaintiff responsible for bringing more than 150 trademark lawsuits across the country was properly rebuffed in its effort to hold a pub and its owner liable for playing unauthorized digital copies of various karaoke tracks, the Seventh Circuit U.S. Court of Appeals ruled July 21 (Slep-Tone...

Mealey's IP/Tech - New York Federal Judge Allows Patent Case Against J.P. Morgan To Proceed

NEW YORK - Although arguments by J.P. Morgan Chase & Co. (JPMC) that an accused product does not include a patent claim limitation as construed and agreed upon by the parties "has merit," a New York federal judge on July 21 nonetheless denied summary judgment of noninfringement (Intellectual...