LexisNexis® Legal Newsroom
Mealey's IP/Tech - 'Guppie' Trademark Owners Argue Reverse Confusion By Viacom To 6th Circuit

CINCINNATI - A Michigan couple who sell the "Guppie Kid" children's clothing line argue in a June 14 brief in the Sixth Circuit U.S. Court of Appeals that clothing related to the Nickelodeon show "Bubble Guppies" infringed their trademarks by overwhelming their senior marks via...

Mealey's IP/Tech - Patent Board Deems 15 Claims Unpatentable As Anticipated, Obvious

ALEXANDRIA, Va. - In a final written decision issued June 14, the Patent Trial and Appeal Board agreed with a petitioner that 15 claims of a patented subsea Christmas tree system for use in oil and gas wells are unpatentable pursuant to Section 102 and 103 of the Patent Act, 35 U.S.C. 1 et seq. (FMC...

Mealey's IP/Tech - Supreme Court Deems North Carolina Sex Offender Social Media Ban Unconstitutional

WASHINGTON, D.C. - While acknowledging the importance of enacting laws to protect children from sexual predators online, the U.S. Supreme Court on June 19 issued majority and concurring opinions finding that a North Carolina sex offender registry law violates the First Amendment to the U.S. Constitution...

Mealey's IP/Tech - Supreme Court Affirms: Disparagement Clause Violates The Constitution

WASHINGTON, D.C. - In a ruling announced June 19, the U.S. Supreme Court agreed with the Federal Circuit U.S. Court of Appeals that the disparagement clause of the Lanham Act, 15 U. S. C. 1052(a), which bars registration of trademarks deemed disparaging, violates the free speech clause of the First Amendment...

Mealey's IP/Tech - Supreme Court Denies Certiorari In Dancing Baby Copyright Case

WASHINGTON, D.C. - Following a May amicus curiae brief from the U.S. government urging that certiorari be denied in a longstanding copyright dispute over a viral video, the U.S. Supreme Court on June 19 indicated that it will not hear the case (Stephanie Lenz v. Universal Music Corp., et al., No. 16...

Mealey's IP/Tech - Federal Circuit Affirms: Method Of Testing Bodily Samples Not Patent Eligible

WASHINGTON, D.C. - An Ohio federal judge did not err in deeming three patents for testing bodily samples for myeloperoxidase (MPO) ineligible for patent protection under the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled June 16 (Cleveland Clinic Foundation, et al. v. True...

Mealey's IP/Tech - Judge Refuses To Strike Answer To Tax Firm's Infringement, UCL Claims

SAN FRANCISCO - A California federal judge on June 16 partially granted a tax firm's motion to strike parts of an answer to its complaint in which it asserts that various defendants infringed on its trademarks and violated California's unfair competition law (UCL), but refused to strike parts...

Mealey's IP/Tech - Supreme Court Denies Certiorari In Copyright Preemption Case

WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court announced that it will not review a Fifth Circuit U.S. Court of Appeals holding that Section 301(a) of the Copyright Act, 17 U.S.C. 301(a), preempts state law claims relating to ideas expressed in tangible media (Ultraflo Corp. v....

Mealey's IP/Tech - Supreme Court Denies Review Of Patent Definiteness Standard

WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court rejected a petition for certiorari in a case questioning the general rule that each element in a patent claim is material to an invention's scope when assessing definiteness under Section 112 of the Patent Act, 35 U.S. Code 112...

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Case, Finds Jurisdiction Lacking

WASHINGTON, D.C. - A Kansas federal judge's reliance, in dismissing on jurisdiction grounds, on a choice-of-law provision in a nondisclosure agreement (NDA) between a patent owner and a potential licensee was not erroneous, the Federal Circuit U.S. Court of Appeals ruled June 19 (NexLearn LLC v....

Mealey's IP/Tech - California Federal Judge Won't Strike Patent Infringement Counterclaim

SAN FRANCISCO - A motion by declaratory judgment plaintiff Comcast Cable Communications to strike with prejudice infringement contentions relating to five patents was denied June 20 by a California federal judge (Comcast Cable Communications v. OpenTV Inc. and Nagravision SA, No. 16-6180, N.D. Calif...

Mealey's IP/Tech - Patent Board Enters Adverse Judgment, Cancels Claims

ALEXANDRIA, Va. - At the request of a patent owner, the Patent Trial and Appeal Board on June 19 entered an adverse judgment, canceling eight claims of a semiconductor patent (Broadcom Limited v. Tessera Inc., No. IPR2017-00889, PTAB).

Mealey's IP/Tech - Crossbow Assembly Targeted In New Petition For Inter Partes Review

ALEXANDRIA, Va. - The Patent Trial and Appeal Board was asked June 19 to review the patentability of a release assembly for a crossbow on grounds that the assembly was anticipated by a prior art crossbow marketed as "Stryker" (Ravin Crossbows v. Precision Shooting Equipment Inc., No. IPR2017...

Mealey's IP/Tech - Grant Of Priority By Patent Board Upheld By Federal Circuit

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that a high amount of experimentation is necessary to synthesize a claimed compound for treating hepatitis C and that a provisional application did not enable the interference subject matter were affirmed June...

Mealey's IP/Tech - High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit

WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over...

Mealey's IP/Tech - Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict

SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled...

Mealey's IP/Tech - Delaware Federal Jury Awards $235 Million On Patent Infringement Claims

WILMINGTON, Del. - A drug maker was ordered June 20 by a jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware to pay GlaxoSmithKline PLC (GSK) $235.5 million in damages in connection with its marketing of generic Coreg as a treatment for chronic heart failure (CHF) (GlaxoSmithKline...

Mealey's IP/Tech - Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act

SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement...

Mealey's IP/Tech - Professional Services Exclusion Does Not Apply, Federal Judge Reiterates

CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use...

Mealey's IP/Tech - Supreme Court Invites Government Views In Apple, Samsung Patent Case

WASHINGTON, D.C. - In its June 26 orders list, the U.S. Supreme Court invited the U.S. solicitor general to express the views of the federal government on whether an injunction in a patent case can be premised on findings of "some connection" between an infringing feature and alleged irreparable...

Mealey's IP/Tech - 5th Circuit Vacates Exemplary Damages In Computer Access Suit

NEW ORLEANS - Finding that a staffing firm failed to establish malice in a rival's hiring away one of its employees who was found to have accessed his former employer's computer network without authorization, a Fifth Circuit U.S. Court of Appeals panel on June 21 vacated a trial court's ...

Mealey's IP/Tech - Federal Circuit Rules Against Samsung, Confirms Validity Of Patents

WASHINGTON, D.C. - Samsung Electronics America Inc. and other appellants on June 23 failed to persuade the Federal Circuit U.S. Court of Appeals that three patents challenged through inter partes review were erroneously deemed valid by the Patent Trial and Appeal Board (Samsung Electronics America Inc...

Mealey's IP/Tech - Divided Federal Circuit: PTO Entitled To Fees When Defending Patent Denials

WASHINGTON, D.C. - A Virginia federal judge's decision to deny the U.S. Patent and Trademark Office (PTO) an award of attorney fees incurred in connection with defending the rejection of a patent application was reversed June 23 by a divided Federal Circuit U.S. Court of Appeals (Nantkwest Inc. v...

Mealey's IP/Tech - Microsoft Tells Patent Board: Dialect Translator Patent Is Obvious

ALEXANDRIA, Va. - Several months after Google Inc. failed to persuade the Patent Trial and Appeal Board to review various claims of a patent directed to the digital translation technique of "dialectal standardization" Microsoft Corp. requested inter partes review (IPR) of many of the same claims...

Mealey's IP/Tech - Patent Covering Diabetes Drug Fortamet At Issue In New Review Petition

ALEXANDRIA, Va. - In a June 23 petition for inter partes review (IPR), Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. (Aurobindo, collectively) took aim at the patented pharmaceutical formulation metformin hydrochloride, marketed as extended-release tablets by Andrx Corp. under the brand name Fortamet...