LexisNexis® Legal Newsroom
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...

Mealey's IP/Tech - Sua Sponte Rejection Of Copyright Claims Reversed By 9th Circuit

SAN FRANCISCO - A decision by a California federal judge to grant, sua sponte, summary judgment on behalf of myriad fashion industry defendants accused of infringing copyrighted textile designs was reversed by the Ninth Circuit U.S. Court of Appeals on Feb. 15 (Acmet Inc. v. The Wet Seal Inc., et al...

Mealey's IP/Tech - Federal Circuit Sides With Apple, Reverses Patent Board Ruling

WASHINGTON, D.C. - In a Feb. 17 ruling, the Federal Circuit U.S. Court of Appeals upheld findings by the Patent Trial and Appeal Board that two claims of a sound reproduction patent are unpatentable as obvious but also reversed the board's determination that a third claim would not have been obvious...

Mealey's IP/Tech - Federal Circuit Upholds Patent Ineligibility Ruling By Federal Court

WASHINGTON, D.C. - A California federal judge properly dismissed allegations that Sprint Nextel Corp., Apple Inc., Twitter Inc. and others infringed two patents directed to data processing on grounds that the patents in suit are invalid under the Patent Act, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Judge Finds Salesman Did Not Infringe On Trade Secret With Boat Design

TAMPA, Fla. - A Florida federal judge on Feb. 16 granted judgment in favor of a boat maker, finding that customer information did not constitute a trade secret and that a reasonable jury could not find that it infringed on another company's trade dress when it manufactured an allegedly similar boat...

Mealey's IP/Tech - Russian Railcar Firm Seeks Jurisdictional Discovery Over Trade Secret Defendant

SAN JOSE, Calif. - In conjunction with its pending motion for discovery to establish California jurisdiction over a former employee accused of trade secret violations, a Russian railcar company on Jan. 17 filed a proposed order in California federal court, permitting it to subpoena Google Inc. to obtain...

Mealey's IP/Tech - Supreme Court: Patent Liability Not Triggered By Single Component Supply

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals erred in finding that the supply of one component of a five-component genetic testing kit manufactured abroad triggers domestic patent liability under the Patent Act, 35 U.S.C. 271(f)(1), the U.S. Supreme Court ruled Feb. 22 (Life Technologies...

Mealey's IP/Tech - Federal Circuit: Covered Business Method Patent Review Was Error

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that a computer security patent is obvious never should have been reached because the board erroneously determined that the invention at issue qualifies as a covered business method (CBM), a divided Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Utah Federal Judge: No Copyright Preemption On Conspiracy Claim

SALT LAKE CITY - Allegations that a counterclaim defendant interfered with a counterclaimant's contractual rights and prospective business relations are sufficient to defeat the counterclaim defendant's effort to invoke copyright preemption, a Utah federal judge ruled Feb. 21 (Advanced Recovery...

Mealey's IP/Tech - Michigan Federal Judge Denies Relief, Dismisses False Advertising Case

DETROIT - A request for preliminary and permanent injunctive relief barring the host of a training program on tinnitus care from providing participants with a "Tinnitus Care Provider Certificate" upon completion of the program was rejected Feb. 21 by a Michigan federal judge, who found instead...

Mealey's IP/Tech - Judge Excludes Expert In Trademark Lawsuit For Lack Of Experience

GREENBELT, Md. - A federal judge in Maryland on Feb. 21 excluded the testimony of an expert in a trademark infringement lawsuit on grounds that his opinions were "non-substantiated proclamations on the ultimate questions of law and he lacked the requisite training education or experience in the...

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

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that eight claims of a patent directed to vehicles for drug delivery are unpatentable as obvious were upheld Feb. 21 by the Federal Circuit U.S. Court of Appeals (In re: Depomed Inc., No. 16-1378, Fed. Cir., 2017 U.S. App. LEXIS 2900).

Mealey's IP/Tech - Patent Board Grants Apple Petition For Inter Partes Review

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Feb. 22 found that Apple Inc. has established a likelihood that it will prevail on assertions that various claims of a virtual private network (VPN) patent would have been obvious to a person of ordinary skill in the art (Apple Inc. v. VirnetX Inc...