LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Upholds Construction, Stipulation Of Patent Infringement

WASHINGTON, D.C. - An Illinois federal judge properly construed various disputed terms of a patented method for creating custom footwear inserts for athletes, the Federal Circuit U.S. Court of Appeals concluded Oct. 26 (ProFoot Inc. v. Merck & Co. Inc., No. 16-1216, Fed. Cir.; 2016 U.S. App. LEXIS...

Mealey's IP/Tech - Government Invited To Weigh In Before Supreme Court In Copyright Fair Use Case

WASHINGTON, D.C. - In its Oct. 31 orders list, the U.S. Supreme Court invited the views of the solicitor general in a dispute over a YouTube user's claim that three music publishers should be subject to takedown notice liability under Section 512(f) of the Digital Millennium Copyright Act (DMCA)...

Mealey's IP/Tech - Supreme Court To Hear Challenge To Sex Offender Social Media Ban

WASHINGTON, D.C. - In its Oct. 28 order list, the U.S. Supreme Court granted certiorari to a registered sex offender who asserts that a North Carolina sex offender registry law's prohibition on access to social networking websites constitutes a violation of the First Amendment to the U.S. Constitution...

Mealey's IP/Tech - Federal Circuit Affirms Indefiniteness Holding For 1 Patent, Reverses Another

WASHINGTON, D.C. - An Ohio federal judge's conclusion that two patents directed to dissipating heat from light emitting diode lamps are invalid was partly affirmed and partly reversed Oct. 27 by the Federal Circuit U.S. Court of Appeals (GE Lighting Solutions v. Lights of America Inc., et al., Nos...

Mealey's IP/Tech - Oral Arguments Held In 'Useful Articles' Copyright Case

WASHINGTON, D.C. - Although a respondent's two-dimensional cheerleader uniform designs are themselves copyrightable, those copyrights do not extend to prevent others from making the useful article depicted in the two-dimensional designs, an attorney for cheerleading uniform manufacturer Star Athletica...

Mealey's IP/Tech - Laches Presumption In Patent Cases Debated Before Supreme Court

WASHINGTON, D.C. - A finding by the Federal Circuit U.S. Court of Appeals that the presumption of laches is applicable in a patent infringement action filed more than six years after a patentee discovered allegedly infringing products was proper, the U.S. Supreme Court was told Nov. 1 (SCA Hygiene Products...

Mealey's IP/Tech - 8th Circuit Upholds Injunction, Award In Copyright, Trademark Case

ST. LOUIS - A Missouri federal judge's decision to permanently enjoin four defendants from licensing images or phrases from the iconic films Gone with the Wind and The Wizard of Oz as well as images from the animated Tom and Jerry short films was affirmed Nov. 1 by the Eighth Circuit U.S. Court of...

Mealey's IP/Tech - 10th Circuit Finds Jurisdiction Lacking In Lanham Act, CDA Case

DENVER - A Colorado federal judge's determination that a defendant was not entitled to immunity under Section 230 of the Communications Decency Act (CDA) for allegations the defendant violated the Lanham Act will not be reviewed, in light of findings Nov. 1 by the 10th Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Divided Federal Circuit Reverses Determination Of Patent Ineligibility

WASHINGTON, D.C. - Four patents relating to a data mediation software program recite a series of limitations that, "when considered individually and as an ordered combination," provide an inventive concept "sufficient to confer eligibility" under 35 U.S. Code Section 101, a divided...

Mealey's IP/Tech - Divided 6th Circuit Reverses Denial Of Leave To Amend Trademark Claim

CINCINNATI - A Michigan federal judge erred in dismissing allegations of infringement levied in connection with use of the "Bar's Leaks" trademark, a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Nov. 2 (Bars Products Inc. v. Bar's Products International, No.14-1611...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Ruling In Favor Of Google

WASHINGTON, D.C. - Various asserted claims of a patent directed to a method of prioritizing search results based upon geographic location of a mobile device were properly deemed invalid as obvious, the Federal Circuit U.S. Court of Appeals concluded Nov. 15 (Unwired Planet LLC v. Google Inc., Nos. 15...

Mealey's IP/Tech - Movie Database Operator Says Age Discrimination Law Is Censorship

SAN FRANCISCO - In a Nov. 10 complaint filed against California Attorney General Kamala Harris in federal court, IMDb.com Inc., which operates the Internet Movie Database website, seeks injunctive and declaratory relief from a new California age discrimination law that it says constitutes "censorship...

Mealey's IP/Tech - Federal Circuit Affirms Patent Obviousness Holding By Board

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in concluding that it would have been obvious for a person of ordinary skill in the art to store information and data in separate memories when maintaining the information during a loss in power, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Federal Circuit Says Board Properly Deemed Patent Obvious, Anticipated

WASHINGTON, D.C. - Three final decisions by the Patent Trial and Appeal Board that invalidated a patented software application as obvious and anticipated were not erroneous, the Federal Circuit U.S. Court of Appeals ruled Nov. 17 (B.E. Technology LLC v. Microsoft Corp., No. 15-1828; B.E. Technology LLC...

Mealey's IP/Tech - Federal Circuit: Board Used Wrong Definition Of Covered Business Method

WASHINGTON, D.C. - A patent owner whose invention was invalidated under 35 U.S. Code Section 101 prevailed Nov. 21 before the Federal Circuit U.S. Court of Appeals, which found that the Patent Trial and Appeal Board "relied on an incorrect definition of covered business method ('CBM') patent"...

Mealey's IP/Tech - Terrorism Aiding Suit Against Twitter Again Dismissed By California Federal Judge

OAKLAND, Calif. - Dismissing terrorism aiding claims against Twitter Inc. under the Anti-Terrorism Act (ATA) for the second time, a California federal judge on Nov. 18 found that two terror victims' family members still sought to hold the social network operator "liable as a publisher of speaker...

Mealey's IP/Tech - Electronic Arts Prevails Before 9th Circuit In Copyright Dispute

SAN FRANCISCO - A California federal judge properly awarded Electronic Arts Inc. (EA) judgment as a matter of law (JMOL) that the videogame maker did not infringe the copyrighted computer code of the original John Madden Football series, the Ninth Circuit U.S. Court of Appeals ruled Nov. 22 (Robin Antonick...

Mealey's IP/Tech - Facebook Request For Covered Business Method Review Denied By Board

ALEXANDRIA, Va. - Assertions by Facebook Inc. that a patented method of wirelessly delivering digital audio and visual files claims ineligible subject matter pursuant to 35 U.S. Code Section 101 will not be reached in light of a Nov. 23 ruling by the Patent Trial and Appeal Board (Facebook Inc. v. Skyy...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA And RESPA Claims Against Lenders

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 23 dismissed an appeal of a borrower's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), finding that a letter he sent was not considered a qualified written request and...

Mealey's IP/Tech - 11th Circuit Affirms: Copyright Claims Barred By Settlement Agreement

ATLANTA - Finding no error in a Georgia federal judge's conclusion that a plaintiff released its claims for copyright infringement in a previous settlement agreement with third-party retailer Lands' End, the 11th Circuit U.S. Court of Appeals on Nov. 22 affirmed a grant of summary judgment on...

Mealey's IP/Tech - Supreme Court Grants Certiorari, Will Review Patent Exhaustion Doctrine

WASHINGTON, D.C. - Acting on the recommendation of the U.S. solicitor general, the U.S. Supreme Court on Dec. 2 granted certiorari in a case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board, Says Patents Are Obvious, Anticipated

WASHINGTON, D.C. - Two inter partes re-examinations by the U.S. Patent Trial and Appeal Board that led to findings of patent invalidity were proper, the Federal Circuit U.S. Court of Appeals ruled Dec. 2 (Dako Denmark A/S v. Leica Biosystems Melbourne Party Ltd., No. 16-1000, Fed. Cir.).

Mealey's IP/Tech - 5th Circuit Vacates Injunction, Overturns $340 Million Antitrust Award

NEW ORLEANS - A Texas federal judge erroneously denied Becton Dickinson & Co. (BD) judgment as a matter of law (JMOL) on allegations by a plaintiff that BD attempted to monopolize the market for safety syringes through various deceptive practices, the Fifth Circuit U.S. Court of Appeals held Dec...

Mealey's IP/Tech - U.S. Supreme Court: Article Of Manufacture May Be Single Component Of Product

WASHINGTON, D.C. - A May 2015 ruling by the Federal Circuit U.S. Court of Appeals that jurors deciding damages in design patent infringement cases need not disregard unprotected elements when arriving at a total damage award was reversed and remanded Dec. 6 by the U.S. Supreme Court, in a win for Samsung...

Mealey's IP/Tech - U.S. Supreme Court Hears Patent Dispute Over Multicomponent Inventions

WASHINGTON, D.C. - A jury award of $52 million in lost profits was premised on an erroneous instruction that worldwide sales can be considered even when the product in question only contains a single "staple article" manufactured domestically, an attorney for patent infringement defendant Life...