LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Vacates, Remands Noninfringement Judgment In Patent Row

WASHINGTON, D.C. - A Texas federal judge's summary judgment that a defendant did not infringe a patented process for producing the antioxidant coenzyme CoQ10 was reversed and remanded Jan. 23 by the Federal Circuit U.S. Court of Appeals (Zhejiang Medicine Co. Ltd. and ZMC-USA LLC v. Kaneka Corp....

Mealey's IP/Tech - 11th Circuit: Reduction Of Fees In Copyright Case Was Abuse Of Discretion

ATLANTA - A Florida federal judge abused his discretion when awarding a prevailing copyright infringement plaintiff just 4.9 percent of the attorney fees and 6.8 percent of the costs it requested in connection with a successful copyright infringement case, the 11th Circuit U.S. Court of Appeals ruled...

Mealey's IP/Tech - Federal Circuit Affirms Preliminary Injunction In Water Balloon Patent Case

WASHINGTON, D.C. - A Texas federal judge did not abuse his discretion in finding that the owner of a patented mechanism for filling water balloons was likely to succeed on its claim that a competitor committed patent infringement, the Federal Circuit U.S. Court of Appeals ruled Jan. 24 (Tinnus Enterprises...

Mealey's IP/Tech - 11th Circuit Finds Fired Employee's Email Access Violated CFAA, SCAA

MIAMI - Concluding that a former employee was properly terminated for cause, an 11th Circuit U.S. Court of Appeals panel on Jan. 25 ruled that he violated both the Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) by accessing the emails of other employees without authorization...

Mealey's IP/Tech - Federal Circuit: Patent Invalidity Challenge Properly Rejected

WASHINGTON, D.C. - An Illinois federal judge did not err in concluding, following a bench trial, that a defendant's assertion of patent invalidity fails as a matter of law, the Federal Circuit U.S. Court of Appeals ruled Jan. 26 (Cumberland Pharmaceuticals v. Mylan Institution LLC, et al., Nos. 16...

Mealey's IP/Tech - Federal Circuit Upholds Denial Of Damages Claim In Patent Dispute

WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded...

Mealey's IP/Tech - Federal Circuit Vacates Injunction, Claim Construction In Patent Case

WASHINGTON, D.C. - A preliminary injunction granted by an Illinois federal judge was premised on an erroneous construction of the disputed claim term "controller" as it appears in a patent relating to garage door openers, the Federal Circuit U.S. Court of Appeals ruled Jan. 25 (The Chamberlain...

Mealey's IP/Tech - 7th Circuit Affirms: Shape, Design Of Bag Are Functional

CHICAGO - Allegations of trade dress infringement by the maker of personal care kits were properly rejected by an Illinois federal judge, the Seventh Circuit U.S. Court of Appeals concluded Jan. 27 (Arlington Specialties Inc. v. Urban Aid Inc., No. 14-3416, 7th Cir., 2017 U.S. App. LEXIS 1506).

Mealey's IP/Tech - Following Bench Trial, Delaware Federal Judge Deems Patents Invalid

WILMINGTON, Del. - In a consolidated patent dispute over plans by myriad defendants to market and sell generic Copaxone, a Delaware federal judge on Jan. 30 deemed the four patents that cover the brand-name drug invalid under the Patent Act, 35 U.S.C. 103(a) (In re: Copaxone Consolidated Cases, No. 14...

Mealey's IP/Tech - $500M Verdict Returned In Trade Secrets Trial Involving Virtual Reality Software

DALLAS - A Texas federal jury on Feb. 1 ordered four defendants - including Facebook Inc. - to pay a combined $500 million in actual damages to two virtual reality (VR) technology companies for copyright and trademark infringement, conversion, violations of a nondisclosure agreement and false designation...

Mealey's IP/Tech - Federal Circuit Vacates Patent Board Rulings, Citing Covenant Not To Sue

WASHINGTON, D.C. - In a Feb. 9 holding, the Federal Circuit U.S. Court of Appeals found that a party seeking re-examination of two can coating patents did have standing to appeal a final decision by the Patent Trial and Appeal Board because there was an Article III case or controversy between the parties...

Mealey's IP/Tech - 2nd Circuit Partly Vacates Dismissal Of Antitrust Claims In Patent Dispute

NEW YORK - A New York federal judge's decision to dismiss allegations that Takeda America Holdings Inc., Takeda Pharmaceuticals U.S.A. Inc., Takeda Development Center Americas Inc. and Takeda Pharmaceuticals Co. Ltd. (Takeda, collectively) violated state law analogs of the Sherman Act, 15 U.S.C....

Mealey's IP/Tech - 9th Circuit: Computer Program Copyright Does Not Extend To Program Output

SAN FRANCISCO - A California federal judge properly rejected claims by the owner of a copyrighted computer-aided design (CAD) program that its copyright extends to images and files produced by the program, the Ninth Circuit U.S. Court of Appeals ruled Feb. 9 (Design Data Corp. v. Unigate Enterprise Inc...

Mealey's IP/Tech - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist...

Mealey's IP/Tech - Federal Judge Refuses To Dismiss Insurers' Claim Under Defend Trade Secrets Act

TRENTON, N.J. - A New Jersey federal judge on Feb. 7 refused to dismiss insurers' federal claims under the Defend Trade Secrets Act of 2016 (DTSA) and the Computer Fraud and Abuse Act (CFAA) in their lawsuit alleging that the defendant competitors "willfully and maliciously" targeted and...

Mealey's IP/Tech - Federal Circuit: Proposed Generic Drug Does Not Meet Patent Limitations

WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Finding Of Nonobviousness

WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of patent invalidity allegations with regard to 16 claims of a system and method for gathering website feedback was affirmed Feb. 13 by the Federal Circuit U.S. Court of Appeals (Qualtrics LLC v. OpinionLab Inc., No. 16-1177, Fed. Cir...

Mealey's IP/Tech - Judge Says Trade Secret Damages Valuation Expert Testimony Will Be Allowed

DETROIT - A federal judge in Michigan on Feb. 13 adopted a special master's recommendation that the testimony of a certain expert should not be excluded from a trade secrets damages suit (MSC.Software Corporation v. Altair Engineering, Inc., et al., No. 07-cv-12807, E.D. Mich., 2017 U.S. Dist. LEXIS...

Mealey's IP/Tech - 2nd Circuit Remands Dispute Over Pre-1972 Works, Orders Dismissal

NEW YORK - A December 2016 holding by the New York Court of Appeals that there is no right of public performance for creators of pre-1972 sound recordings under New York common law is determinative of claims that the subscription radio service Sirius XM Radio Inc. committed copyright infringement, the...

Mealey's IP/Tech - Sua Sponte Rejection Of Copyright Claims Reversed By 9th Circuit

SAN FRANCISCO - A decision by a California federal judge to grant, sua sponte, summary judgment on behalf of myriad fashion industry defendants accused of infringing copyrighted textile designs was reversed by the Ninth Circuit U.S. Court of Appeals on Feb. 15 (Acmet Inc. v. The Wet Seal Inc., et al...

Mealey's IP/Tech - Federal Circuit Sides With Apple, Reverses Patent Board Ruling

WASHINGTON, D.C. - In a Feb. 17 ruling, the Federal Circuit U.S. Court of Appeals upheld findings by the Patent Trial and Appeal Board that two claims of a sound reproduction patent are unpatentable as obvious but also reversed the board's determination that a third claim would not have been obvious...

Mealey's IP/Tech - Federal Circuit Upholds Patent Ineligibility Ruling By Federal Court

WASHINGTON, D.C. - A California federal judge properly dismissed allegations that Sprint Nextel Corp., Apple Inc., Twitter Inc. and others infringed two patents directed to data processing on grounds that the patents in suit are invalid under the Patent Act, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Supreme Court: Patent Liability Not Triggered By Single Component Supply

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals erred in finding that the supply of one component of a five-component genetic testing kit manufactured abroad triggers domestic patent liability under the Patent Act, 35 U.S.C. 271(f)(1), the U.S. Supreme Court ruled Feb. 22 (Life Technologies...

Mealey's IP/Tech - Federal Circuit: Covered Business Method Patent Review Was Error

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that a computer security patent is obvious never should have been reached because the board erroneously determined that the invention at issue qualifies as a covered business method (CBM), a divided Federal Circuit U.S. Court of Appeals...

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

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that eight claims of a patent directed to vehicles for drug delivery are unpatentable as obvious were upheld Feb. 21 by the Federal Circuit U.S. Court of Appeals (In re: Depomed Inc., No. 16-1378, Fed. Cir., 2017 U.S. App. LEXIS 2900).