LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Vacates Dismissal Of Dispute Over Content-Filtering Patent

WASHINGTON, D.C. - A Texas federal judge erred in dismissing, pursuant to Federal Rules of Civil Procedure Rule 12(b)(6), a patent infringement case based upon her determination that the patent in suit is invalid under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals concluded June...

Mealey's IP/Tech - New Petition For Inter Partes Review Takes Aim At Call Feature Patent

ALEXANDRIA, Va. - Claim 1 of a patent that discloses the use of a Web server to implement user-selected call features, such as call blocking or call forwarding, is unpatentable as obvious under 35 U.S. Code Section 103, four petitioners allege June 24 in seeking inter partes review before the Patent...

Mealey's IP/Tech - 2nd Circuit Panel Affirms Cancellation Of Pizza Trademark

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 affirmed the cancellation of a federal trademark for pizza restaurants on the grounds that a family member fraudulently obtained federal registration for the mark long used by his family's chain of pizzerias (MPC Franchise LLC, et...

Mealey's IP/Tech - California Jury Awards HP $3 Billion In Contract Dispute With Oracle

SAN JOSE, Calif. - In a June 30 verdict, a California jury awarded Hewlett-Packard Co. (HP) $3 billion, finding that Oracle Corp. violated its long-running agreement and partnership with HP by ceasing to offer software that was compatible with HP's primary line of microprocessors (Hewlett-Packard...

Mealey's IP/Tech - 4 Questions Certified To Florida Supreme Court In Sirius Copyright Case

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 29 directed the Supreme Court of Florida to address the question of whether the state "recognizes common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or the exclusive...

Mealey's IP/Tech - 7th Circuit: Lanham Act Dispute Over Drink Ad Properly Dismissed

CHICAGO - An Illinois federal judge did not err in dismissing Lanham Act claims levied by the holder of the world record holder for "hacky sack," the Seventh Circuit U.S. Court of Appeals affirmed June 30 (Johannes T. Martin v. Living Essentials LLC, No. 16-1370, 7th Cir.; 2016 U.S. App. LEXIS...

Mealey's IP/Tech - 7th Circuit Rules Against Photographer In Copyright Case

CHICAGO - An Indiana federal judge properly rejected a photographer's copyright claims because although several defendants committed infringement, they promptly removed the infringing photograph from their website and their use caused no damages, the Seventh Circuit U.S. Court of Appeals ruled July...

Mealey's IP/Tech - Split 9th Circuit Affirms Ex-Employee's Computer Fraud, Trade Secrets Judgment

SAN FRANCISCO - On the second appeal concerning a man charged with violating the Computer Fraud and Abuse Act (CFAA) and the Economic Espionage Act (EEA) in stealing his former employer's trade secrets, a divided Ninth Circuit U.S. Court of Appeals panel majority on July 5 affirmed the jury verdict...

Mealey's IP/Tech - Michigan Supreme Court: Pandora User Not Renter, Borrower Under Privacy Law

LANSING, Mich. - Responding to a question certified by the Ninth Circuit U.S. Court of Appeals, the Michigan Supreme Court on July 6 unanimously concluded that a user of Pandora Media Inc.'s online streaming service did not constitute a "customer" because he did not "rent" or...

Mealey's IP/Tech - Federal Circuit Affirms Injunction, Wait Period To Market Biosimilar Drug

WASHINGTON, D.C. - A Florida federal judge properly awarded Amgen Inc. a preliminary injunction barring Apotex Inc. from entering the market for 180 days after receiving a requested license from the U.S. Food and Drug Administration for a biosimilar product, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - En Banc Federal Circuit Clarifies Standard For On-Sale Bar In Patent Cases

WASHINGTON, D.C. - To trigger the "on-sale" bar set forth at 35 U.S. Code Section 102(b), a product "must be the subject of a commercial sale or offer for sale," and a commercial sale is "one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform...

Mealey's IP/Tech - Terror Victims' Families Seek $1 Billion For Facebook's Support Of Hamas Attacks

NEW YORK - In a complaint filed July 10 in the U.S. District Court for the Southern District of New York, a group of family members of terror attack victims allege that Facebook Inc. "knowingly provided material support and resources to" Palestinian terrorist organization Hamas through its...

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

WASHINGTON, D.C. - A patent examiner's rejection - later upheld by the Patent Trial and Appeal Board - of all asserted claims of a patented method and system for allocating access rights to channels in a wireless network was upheld July 11 by the Federal Circuit U.S. Court of Appeals (IPCom GmbH...

Mealey's IP/Tech - Federal Circuit Affirms: Payroll Patent Claims Ineligible Subject Matter

WASHINGTON, D.C. - An inventor's concession that the claims of his patent are directed to an abstract idea, combined with findings that the claims recite nothing more than conventional steps beyond that abstract idea, led the Federal Circuit U.S. Court of Appeals on July 13 to affirm a California...

Mealey's IP/Tech - Federal Circuit Dismisses Appeal, Rejects Request For Corrected Construction

WASHINGTON, D.C. - A patent owner's efforts to have the Federal Circuit U.S. Court of Appeals correct a claim construction rendered by the Patent Trial and Appeal Board were unsuccessful on July 15, when the panel found that it lacks appellate jurisdiction (SkyHawke Technologies LLC v. Deca International...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Denial Of Patent Injunction

WASHINGTON, D.C. - A Massachusetts judge did not err in enhancing a plaintiff's damage award for willful patent infringement but should have granted the plaintiff a permanent injunction, the Federal Circuit U.S. Court of Appeals ruled July 19 in a dispute over marine generators ("gen-sets"...

Mealey's IP/Tech - German Firm Says U.S. Navy Exceeded License For Virtual Reality Software

WASHINGTON, D.C. - A German-based software development firm filed suit against the U.S. government July 15 in the U.S. Court of Federal Claims, seeking almost $600 million in damages for the U.S. Navy's copyright infringement, which the firm says occurred when the Navy far exceeded a limited license...

Mealey's IP/Tech - Federal Circuit: No Nucleus Between State Claims, Patent Infringement Claims

WASHINGTON, D.C. - Although a California federal judge properly denied a motion for attorney fees by four prevailing patent infringement defendants, she improperly exercised supplemental jurisdiction over state law claims of breach of fiduciary duty, aiding and abetting and unfair competition because...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Dismissal Of Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge erred in finding that a Finland-based patent infringement defendant lacked sufficient minimum contacts with Delaware to support specific jurisdiction there, the Federal Circuit U.S. Court of Appeals ruled July 20 (Polar Electro Oy v. Suunto Oy, No. 15-1930...

Mealey's IP/Tech - 9th Circuit Affirms Pandora Privacy Suit Dismissal Per Michigan High Court Ruling

SAN FRANCISCO - Two weeks after the Michigan Supreme Court determined that the lead plaintiff in a putative class action against Pandora Media Inc. did not constitute a customer of Pandora's online streaming service per Michigan's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of...

Mealey's IP/Tech - 7th Circuit Affirms: Use Of Karaoke Tracks Unlikely To Confuse

CHICAGO - A plaintiff responsible for bringing more than 150 trademark lawsuits across the country was properly rebuffed in its effort to hold a pub and its owner liable for playing unauthorized digital copies of various karaoke tracks, the Seventh Circuit U.S. Court of Appeals ruled July 21 (Slep-Tone...

Mealey's IP/Tech - 9th Circuit Affirms: Defendant Had Right To Use 'Crazy Horse' Mark

SAN FRANCISCO - Finding no genuine dispute of material fact as to the validity of a trademark co-existence agreement or as to the validity of a later assignment of rights under that agreement, the Ninth Circuit U.S. Court of Appeals on July 22 upheld a Nevada federal judge's decision to grant an...

Mealey's IP/Tech - Federal Circuit Partly Vacates Ruling In Favor Of Apple In Patent Case

WASHINGTON, D.C. - A California federal judge's determination that Apple Inc. was entitled to a summary judgment that it did not infringe various claims of four patents was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 22 (Unwired Planet LLC v. Apple Inc., No. 15-1725, Fed. Cir...

Mealey's IP/Tech - Federal Circuit: Online Loan-Processing Patents Are Ineligible Under Section 101

WASHINGTON, D.C. - A North Carolina federal judge erroneously denied the real estate website Zillow Inc. summary judgment on allegations that it infringed two patents directed to a process for coordinating loans on a loan-processing computer over the Internet, because both patents are directed to ineligible...

Mealey's IP/Tech - Federal Circuit: Patent License Counterclaim Not Subject To Arbitration

WASHINGTON, D.C. - A California federal judge did not err in concluding that counterclaims of breach of contract premised upon a purported license to use a disputed patent are not subject to arbitration, the Federal Circuit U.S. Court of Appeals ruled July 26 (Verinata Health Inc., et al. v. Ariosa Diagnostics...