LexisNexis® Legal Newsroom
Mealey's IP/Tech - Hulu Hit With Class Suit Over Inaccessibility For Blind Customers

BOSTON - Two organizations for visually impaired people and two blind individuals filed a class complaint on Nov. 20 in the U.S. District Court for the District of Massachusetts accusing Hulu LLC, an online streaming company, of discrimination by failing to provide an audio description on any content...

Mealey's IP/Tech - Federal Magistrate Recommends Arbitration Of Barnes & Noble Data Privacy Class Suit

NEW YORK - The arbitration provision in Barnes & Noble Booksellers Inc.'s (B&N) terms of use (TOU) on its website is not unconscionable and therefore must be enforced in a class complaint filed by a customer who claims that information about her online purchase of a DVD was shared with Facebook...

Mealey's IP/Tech - Constitutionality Of Inter Partes Review Procedure Debated By Supreme Court

WASHINGTON, D.C. - In a case that could upend the landscape for patent litigants globally, the U.S. Supreme Court heard oral arguments Nov. 27 in a dispute over the constitutionality of inter partes review (IPR) proceedings by the U.S. Patent and Trademark Office (PTO's) Patent Trial and Appeal Board...

Mealey's IP/Tech - Supreme Court Hears Arguments In Dispute Over Scope Of Inter Partes Review

WASHINGTON, D.C. - Once the Patent Trial and Appeal Board agrees to institute inter partes review (IPR), it must address in its final written decision all claims challenged in the underlying petition, an attorney for software developer SAS Institute Inc. told the U.S. Supreme Court Nov. 27 during oral...

Mealey's IP/Tech - Patent Board Sides With Petitioner, Deems 10 Claims Unpatentable

ALEXANDRIA, Va. - A challenge by EMC Corp. of a multiprocessor system patent was successful on Nov. 24, when the Patent Trial and Appeal Board agreed in a final written decision that 10 claims would have been obvious to a person of skill in the art (EMC Corporation v. Intellectual Ventures II LLC, No...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Registrations For 'Magnesita' Trademarks

WASHINGTON, D.C. - A decision by the Trademark Trial and Appeal Board to deny two trademark registration applications for "Magnesita" on grounds that the marks are generic for refractory products was not erroneous, the Federal Circuit U.S. Court of Appeals concluded Nov. 27 (In re: Magnesita...

Mealey's IP/Tech - In Final Written Decision, Patent Board Sides With Patent Owners

ALEXANDRIA, Va. - Allegations that 19 claims of a patent covering "injectable suspensions having improved injectability" would have been obvious to a person of skill in the art were rejected Nov. 28 by the Patent Trial and Appeal Board (Luye Pharma Group Ltd., et al. v. Alkermes Pharma Ireland...

Mealey's IP/Tech - New Petition For Inter Partes Review Targets Seat Reservation Patent

ALEXANDRIA, Va. - The Patent Trial and Appeal Board was told Nov. 28 in a new petition for inter partes review (IPR) that a patented seat reservation method would have been obvious to a person of ordinary skill in the art (TicketNetwork Inc. v. CEATS Inc., No. IPR2018-00245, PTAB).

Mealey's IP/Tech - California Magistrate Judge Dismisses Trademark Claim, Trade Libel Claim Survives

SAN FRANCISCO - A dispute between two beauty product suppliers will proceed in California federal court but without a claim for trademark infringement against an individual defendant, a federal magistrate judge ruled Nov. 27 (BioZone Laboratories Inc. v. Next Step Laboratories Corporation and Richard...

Mealey's IP/Tech - Abandonment Of Mark Not Proven, Washington Federal Judge Rules

SEATTLE - Although denying a trademark infringement plaintiff summary judgment, a Washington federal judge on Nov. 29 rejected assertions by defendants in the case that they "strictly proved" trademark abandonment (Kische USA LLC v. Ali Simsek, et al., No. 16-168, W.D. Wash., 2017 U.S. Dist...

Mealey's IP/Tech - Federal Circuit Vacates Obviousness Holding By Board, Sides With Microsoft

WASHINGTON, D.C. - Although affirming a construction by the Patent Trial and Appeal Board of the claim term "request," the Federal Circuit U.S. Court of Appeals on Dec. 1 nonetheless vacated in full the board's determination that two patents are nonobvious and partly vacated the board's...

Mealey's IP/Tech - Adult Site Owner's Petition Over Vicarious, Direct Copyright Infringement Denied

WASHINGTON, D.C. - In its Dec. 4 order list, the U.S. Supreme Court denied certiorari to the operator of an adult website that had appealed a Ninth Circuit U.S. Court of Appeals ruling that a usenet provider was not liable for direct or vicarious infringement of its copyrighted images due to a lack of...

Mealey's IP/Tech - Citing Micron, Federal Circuit Grants Mandamus Petition In Patent Case

WASHINGTON, D.C. - In a Nov. 15 grant of mandamus released Dec. 1, the Federal Circuit U.S. Court of Appeals vacated a Minnesota federal judge's decision to transfer a patent case to the U.S. District Court for the Western District of Pennsylvania (In re: Cutsforth Inc., No. 17-135, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Upholds Claim Constructions, Obviousness Holding

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various challenged patent claims would have been obvious to a person of skill in the art were affirmed Nov. 30 by the Federal Circuit U.S. Court of Appeals, which found no error in the board's differing construction of "internet...

Mealey's IP/Tech - Cattle Insemination Method Patent Is Obvious, Challenger Tells Board

ALEXANDRIA, Va. - In a Dec. 4 petition for inter partes review (IPR), a bovine reproductive technology company argues to the Patent Trial and Appeal Board that using sex-sorted sperm to produce two or more embryos of a desired sex is unpatentable pursuant to Sections 102 and 103 of the Patent Act, 35...

Mealey's IP/Tech - Florida Federal Judge: Trademark Not Promoted In Unsolicited Facsimiles

WEST PALM BEACH, Fla. - Citing a lack of personal jurisdiction over two defendants accused of violating the Telephone Consumer Protection Act (TCPA), a Florida federal judge on Dec. 1 reversed course, vacating his earlier finding that unsolicited facsimile (fax) advertisements bearing the "Ulesfia"...

Mealey's IP/Tech - Federal Circuit Largely Sides With Patent Board In Consolidated Appeal

WASHINGTON, D.C. - In a Dec. 5 ruling, the Federal Circuit upheld findings of patent invalidity by the Patent Trial and Appeal Board in two cases but ruled against the board - and in favor of three inter partes review (IPR) petitioners - in a third case, in which the board deemed the disputed technology...

Mealey's IP/Tech - Trademark Dispute Over Literacy Program Survives Dismissal Request In Texas

DALLAS - Efforts by a defendant to obtain dismissal of trademark infringement allegations stemming from the use of - among other things - a million-dollar bill bookmark in connection with a literacy program were unsuccessful on Dec. 5, when a Texas federal judge denied the request (Springboards to Education...

Mealey's IP/Tech - Board Cancels Various Claims Of User ID, Access Control Code Tracking Patent

ALEXANDRIA, Va. - In a Dec. 5 final written decision, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that various claims of a patented system for conveying geographical information about a person or object to a group of users would have been obvious to a person...

Mealey's IP/Tech - Insurer Asks 2nd Circuit To Find Wire Transfer Theft Is Not Covered Under Policy

NEW YORK - An insurer asked the Second Circuit U.S. Court of Appeals on Dec. 5 to reverse a lower court's finding that coverage for a firm's multimillion-dollar loss due to a fraudulent wire transfer scheme existed under the computer fraud provision of the company's executive protection insurance...

Mealey's IP/Tech - Spokeo Seeks 2nd Certiorari Grant Over Injury-In-Fact Standing Requirement

WASHINGTON, D.C. - Less than two years after the U.S. Supreme Court ruled on the concrete injury requirement to establish standing under Article III of the U.S. Constitution in a lawsuit over alleged violation of the Fair Credit Reporting Act (FCRA), the data aggregator defendant filed a renewed petition...

Mealey's IP/Tech - Indiana Magistrate Judge Denies Wal-Mart Request To Transfer Trademark Case

SOUTH BEND, Ind. - Efforts by Wal-Mart.com USA LLC and a co-defendant to move allegations of trademark infringement to the U.S. District Court for the Northern District of California were unsuccessful Dec. 6, when an Indiana federal magistrate judge found that "the only factor that narrowly favors...

Mealey's IP/Tech - Pedometer Patent Singled Out For Inter Partes Review In New Petition

ALEXANDRIA, Va. - A fitness technology company took aim Dec. 5 at a patented pedometer in a petition for inter partes review (IPR) by the Patent Trial and Appeal Board, asserting that the straps, step-counters, heart-rate monitors, data processors, transmitters and receivers included in the invention...

Mealey's IP/Tech - Federal Circuit Vacates False Marking Judgment, Affirms In Other Respects

WASHINGTON, D.C. - A Florida federal judge's rejection of allegations a patent owner failed to mark its products was vacated Dec. 7 by the Federal Circuit U.S. Court of Appeals, which found that although it is an accused infringer's duty to produce evidence of unmarked products, it remains a...

Mealey's IP/Tech - Board Sides Partly With Petitioner In Covered Business Method Patent Review

ALEXANDRIA, Va. - The Patent Trial and Appeal Board in a Dec. 7 ruling deemed 32 claims of a method patent for "Click Based Trading with Intuitive Grid Display of Market Depth" unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (IBG LLC, et al. v. Trading Technologies International...