LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Reverses Board, Finds UCLA Patent Not Obvious

WASHINGTON, D.C. - A patented method of "arresting or regressing" penile fibrosis was erroneously deemed unpatentable as obvious, a divided Federal Circuit U.S. Court of Appeals ruled Feb. 28 in a victory for Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Center (LAB) (Los...

Mealey's IP/Tech - 5th Circuit: Fraud Upon PTO Does Not Make Case Exceptional

NEW ORLEANS - A Texas federal judge properly ruled that fraud upon the U.S. Patent and Trademark Office (PTO) does not automatically render a case exceptional, thereby triggering an award of attorney fees, the Fifth Circuit U.S. Court of Appeals ruled March 1 (Stacey Vetter v. Christine McAtee, No. 15...

Mealey's IP/Tech - Federal Circuit Sides With Apple, Says Patent Claims Are Ineligible

WASHINGTON, D.C. - A Texas federal judge erroneously denied Apple Inc. judgment as a matter of law (JMOL) on its assertion that three data storage patents claim ineligible subject matter, the Federal Circuit U.S. Court of Appeals ruled March 1 (Smartflash LLC v. Apple Inc., No. 16-1059, Fed. Cir., 2017...

Mealey's IP/Tech - 1st Circuit Reverses Dismissal Of Amphastar, Momenta Antitrust Case

BOSTON - A Massachusetts federal judge's decision to dismiss allegations that Momenta Pharmaceuticals Inc. made knowing misrepresentations to the U.S. Pharmacopeial Convention (USP) - the standard-setting organization (SSO) charged with ensuring the quality control of drugs - was reversed March 6...

Mealey's IP/Tech - Federal Circuit Upholds Rulings In Patent Dispute Between Sprint, Prism

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 6 affirmed a Nebraska federal judge's denial of various post-trial motions in a patent dispute that led to a $30 million infringement verdict (Prism Technologies LLC v. Sprint Spectrum L.P., Nos. 16-1456, -1457, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Affirms Patent Verdict, Award In Favor Of Comcast

WASHINGTON, D.C. - Comcast IP Holdings I LLC was entitled to prevail on its allegation that competitors infringed three patents relating to the facilitation of phone calls over the internet, the Federal Circuit U.S. Court of Appeals ruled March 7 (Comcast IP Holdings LLC v. Sprint Communications Company...

Mealey's IP/Tech - Federal Circuit Affirms: Supplier Identification Patent Is Obvious

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in finding that four claims of a patent directed to systems for identifying a supplier of goods over the internet would have been obvious to a person of ordinary skill in the art (POSITA), the Federal Circuit U.S. Court of Appeals ruled...

Mealey's IP/Tech - Federal Circuit Upholds Stipulated Judgment Of Patent Invalidity

WASHINGTON, D.C. - A patent disclosing a method of malware protection was correctly deemed invalid as indefinite, the Federal Circuit U.S. Court of Appeals concluded March 7 (Trusted Knight Corporation v. International Business Machines Corp., No. 16-1510, Fed. Cir., 2017 U.S. App. LEXIS 3979).

Mealey's IP/Tech - Texas Federal Judge Grants Dickey's Motion For Injunction In Infringement Dispute

SHERMAN, Texas - A Texas federal judge on March 6 granted Dickey's Barbecue Pit Inc.'s motion for preliminary injunctive relief in a dispute with former franchisees who are alleged to have kept selling Dickey's trademarked products after a franchise agreement was terminated, saying that the...

Mealey's IP/Tech - 9th Circuit Reinstates $450,000 Damage Award For Copyright Plaintiff

SAN FRANCISCO - A decision by jurors to award a sculptor $450,000 in actual damages stemming from the creation of seven knock-off sculptures was reinstated by the Ninth Circuit U.S. Court of Appeals on March 6 (Donald Wakefield v. Igor Olenicoff, No. 15-55649, 9th Cir., 2017 U.S. App. LEXIS 3953).

Mealey's IP/Tech - 5th Circuit: Contributory Copyright Claim Barred In Seismic Data Dispute

NEW ORLEANS - In a ruling issued March 10, the Fifth Circuit U.S. Court of Appeals found that the inapplicability of the Copyright Act, 17 U.S.C. 101 et seq., to extraterritorial conduct bars a contributory infringement claim when it is based upon the domestic authorization of entirely extraterritorial...

Mealey's IP/Tech - Fraudulent Wire Transfer Emails Did Not Trigger Coverage, 9th Circuit Rules

PASADENA, Calif. - Affirming a trial court's judgment, a Ninth Circuit U.S. Court of Appeals panel on March 9 found no coverage under a crime insurance policy for funds lost by an accounting firm's wire transfers pursuant to fraudulently sent emails, concluding that provisions for forgery, computer...

Mealey's IP/Tech - Match.com Had No Duty To Warn User Of Attacker's Violent Tendencies, Judge Says

LAS VEGAS - Match.com LLC did not have a duty to warn a user of its dating website about another user who violently attacked her, a Nevada federal judge ruled March 10, dismissing the plaintiff's negligence claim for failure to allege the existence of a special relationship with the site operator...

Mealey's IP/Tech - Federal Circuit Partly Reverses Invalidation Of Hair Loss Patent

WASHINGTON, D.C. - A North Carolina federal judge's determination that all claims of a hair growth patent are invalid was reversed March 17 by the Federal Circuit U.S. Court of Appeals (Allergan Inc. v. Sandoz Inc., et al., Nos. 16-1085, -1160, Fed. Cir.; 2017 U.S. App. LEXIS 4733).

Mealey's IP/Tech - On Remand, Federal Circuit Orders New Trial On Patent Damages

WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on March 17 found that a patent dispute requires a new trial on damages in light of Samsung Electronics Co. v. Apple Inc., 137 S. Ct. 429 (2016) (Nordock Inc. v. Systems Inc., Nos. 14-1762, -1795...

Mealey's IP/Tech - Divided Supreme Court: Laches No Defense To Timely Patent Claims

WASHINGTON, D.C. - In a 7-1 ruling, the U.S. Supreme Court on March 21 rejected findings by a divided en banc Federal Circuit U.S. Court of Appeals that the equitable defense of laches remains available even when a claim for damages is brought within the six-year limitations period set forth in Section...

Mealey's IP/Tech - Federal Circuit Upholds Award Of Fees In Favor Of Dow In Patent Case

WASHINGTON, D.C. - A Delaware federal judge did not abuse her discretion in determining that a failed patent case by Bayer Cropscience AG was exceptional, thereby triggering an award of attorney fees, the Federal Circuit U.S. Court of Appeals concluded March 17 (Bayer Cropscience AG v. Dow Agrosciences...

Mealey's IP/Tech - Award Vacated, Trademark Infringement Verdict Upheld By 5th Circuit

NEW ORLEANS - An award of royalty damages on behalf of a trademark infringement plaintiff was vacated March 16 by the Fifth Circuit U.S. Court of Appeals (Streamline Production Systems Inc. v. Streamline Manufacturing Inc., No. 16-20046, 5th Cir., 2017 U.S. App. LEXIS 4708).

Mealey's IP/Tech - Divided Supreme Court Clarifies Separability Test In Copyright Case

WASHINGTON, D.C. - In divided decision, the U.S. Supreme Court on March 22 ruled that a feature incorporated into the design of a useful article is eligible for copyright protection when the feature can be perceived as a two- or three-dimensional work of art separate from the useful article and would...

Mealey's IP/Tech - High Court Hears Arguments On Jurisdiction Of Dismissed Defective Xbox Class Action

WASHINGTON, D.C. - The U.S. Supreme Court on March 21 heard arguments from Microsoft Corp. and a class of owners of allegedly defective Xbox gaming systems as to whether an appeals court has jurisdiction to consider a class certification appeal after the plaintiffs have voluntarily dismissed their claims...

Mealey's IP/Tech - Supreme Court Hears Arguments In Dispute Over Patent Exhaustion Limits

WASHINGTON, D.C. - The doctrine of patent exhaustion is not avoidable by attaching post-sale restrictions, an attorney for a patent infringement defendant told the U.S. Supreme Court on March 21 (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).

Mealey's IP/Tech - TV Networks Prevail Before 9th Circuit In Copyright Case

SAN FRANCISCO - A service that captures copyrighted works broadcast over the air for online retransmission to paying subscribers without the consent of a copyright holder is not eligible for the compulsory license for "cable systems" provided for in Section 111 of the Copyright Act, 17 U.S...

Mealey's IP/Tech - 3rd Circuit Affirms Contempt Judgment For Refusal To Decrypt Devices

PHILADELPHIA - A child pornography suspect was correctly found to be in contempt when he refused to comply with a court order requiring him to provide law enforcement with access to external hard drives, a Third Circuit U.S. Court of Appeals panel ruled March 20, finding that the defendant's rights...

Mealey's IP/Tech - 5th Circuit Affirms: No Live Controversy In Patent, Trade Secret Row

NEW ORLEANS - A dismissal with prejudice of a complaint seeking a declaration of patent noninfringement and that no trade secrets were misappropriated was correct, the Fifth Circuit U.S. Court of Appeals ruled March 20 in a dispute over gas-to-liquid (GTL) conversion technology (Sasol North America Inc...

Mealey's IP/Tech - Partial Summary Judgment Granted In Apple IPhone Antitrust Class Action

OAKLAND, Calif. - A California federal judge on March 22 granted in part a motion for summary judgment by Apple Inc., finding that the plaintiffs in a putative antitrust class action failed to establish the primary alleged aftermarket for iPhone voice and data services related to claimed service exclusivity...