LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Rejects Google Bid For En Banc Review In Patent Row

WASHINGTON, D.C. - A November 2016 ruling that the Patent Trial and Appeal Board relied on an incorrect definition of "covered business method patent" in assessing a petition for covered business method (CBM) review by Google Inc. will stand, the Federal Circuit U.S. Court of Appeals ruled...

Mealey's IP/Tech - 9th Circuit Sides With Copyright Plaintiff In Fabric Design Case

SAN FRANCISCO - Where two works share an extrinsic similarity so strong that the works are near duplicates, district courts may properly conclude that no reasonable juror could find a lack of substantial similarity in the works' overall concept and feel, the Ninth Circuit U.S. Court of Appeals ruled...

Mealey's IP/Tech - Federal Circuit Affirms Disposition Of Request For Fees In Patent Case

WASHINGTON, D.C. - A Delaware federal judge properly determined that a Medtronic Inc. claim for attorney fees in a patent dispute was timely and that a sublicensor was responsible for paying the fees because of a contractual fee-shifting provision, the Federal Circuit U.S. Court of Appeals ruled April...

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Nonimmigrant Alien's Patent Agent Registration

WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office (PTO) that denied a nonimmigrant alien's request to register as a patent agent was neither arbitrary nor capricious, the Federal Circuit U.S. Court of Appeals ruled April 5 (Jinyang Guo v. Michelle K. Lee, Director, U.S. Patent...

Mealey's IP/Tech - New Jersey Federal Judge Grants Howard Johnson Judgment Against Franchisee

NEWARK, N.J. - A New Jersey federal judge on April 3 granted Howard Johnson International Inc.'s (HJI) unopposed motion for summary judgment on breach of contract, breach of guarantee and Lanham Act claims against a franchisee, saying the franchisee did not provide any information refuting HJI's...

Mealey's IP/Tech - 9th Circuit Affirms: Publicity Rights Claim Preempted By Copyright

SAN FRANCISCO - An order that granted a special motion to strike a common-law right of publicity claim pursuant to California's anti-SLAPP statute was not erroneous because the claims are preempted by Section 301 of the federal Copyright Act, 17 U.S.C. 101 et seq., the Ninth Circuit U.S. Court of...

Mealey's IP/Tech - Indiana Federal Judge Extends Injunction Against Former Fitness Salon Franchisee

INDIANAPOLIS - An Indiana federal judge on April 5 adopted a magistrate judge's recommendation and extended a preliminary injunction against a woman who allegedly began operating a competing fitness business using a fitness franchisor's trademarks, logos and confidential information, saying that...

Mealey's IP/Tech - Federal Circuit Sides With Defendants In Drug Patent Dispute

WASHINGTON, D.C. - An Illinois federal judge's bench trial final judgment of infringement was reversed April 6 in a longstanding legal dispute over a patented process for preparing anticoagulant drugs featuring bivalirudin as an active ingredient (The Medicines Co. v. Mylan Inc., et al., Nos. 2015...

Mealey's IP/Tech - Twitter Sues DHS To Stop Unmasking Of 'Alternative Agency' Account Operator

SAN FRANCISCO - In a complaint filed April 6 in a California federal court, Twitter Inc. says that a government-issued summons seeking to identify the operator of an account critical of the government exceeds the authority of the U.S. Department of Homeland Security (DHS) and the U.S. Customs and Border...

Mealey's IP/Tech - 9th Circuit Reverses Safe-Harbor Holding In Web Copyright Case

SAN FRANCISCO - Findings by a California federal judge that a copyright infringement defendant social media platform is entitled to safe-harbor immunity under Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. 512(c), were reversed and remanded April 7 by the Ninth Circuit U.S. Court of...

Mealey's IP/Tech - Federal Circuit Affirms: Inventorship Claim Barred By Sovereign Immunity

WASHINGTON, D.C. - A federal judge in Oregon properly found that the University of Massachusetts (UMass) is entitled to sovereign immunity in a lawsuit seeking a correction of patent inventorship, the Federal Circuit U.S. Court of Appeals ruled April 12 (Mussa Ali v. Carnegie Institution of Washington...

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

WASHINGTON, D.C. - Allegations that Apple Inc. infringed a patent claim directed to a means of sending packet data from a cellular telephone to a network through the use of a selected channel were properly rejected by a Texas federal judge and jury, the Federal Circuit U.S. Court of Appeals ruled April...

Mealey's IP/Tech - 3rd Circuit Keeps Jurisdiction Over Walker Process Claim In Antitrust Action

PHILADELPHIA - Allegations by myriad plaintiffs that the companies that hold patents for the brand name drugs Lipitor and Effexor XR engaged in fraudulent patent procurement - known as Walker Process fraud pursuant to Walker Process Equip., Inc. v. Food Mach. & Chem. Corp., 382 U.S. 172 (1965) -...

Mealey's IP/Tech - Federal Circuit: Damages Should Be Limited For Failure To Mark

WASHINGTON, D.C. - Although largely affirming a Texas federal judge's claim construction and denial of a Samsung Electronics Co. Ltd. request for judgment as a matter of law (JMOL) that two patents are invalid as obvious, the Federal Circuit U.S. Court of Appeals on April 17 nonetheless vacated a...

Mealey's IP/Tech - Federal Circuit Sides With False Marking, False Advertising Defendant

WASHINGTON, D.C. - A North Carolina federal judge did not err in granting summary judgment to a Lanham Act and Patent Act defendant accused of marking its key-cutting machines as "patent pending," the Federal Circuit U.S. Court of Appeals ruled April 13 (Gordon Gravelle v. Kaba Ibco Corp.,...

Mealey's IP/Tech - 3rd Circuit Vacates, Remands Damage Award In Trademark Dispute

PHILADELPHIA - A decision by a Pennsylvania federal judge to "eschew" statutory damages and award more than $4 million to a trademark plaintiff was an abuse of discretion because "the record was insufficient to approximate actual damages," the Third Circuit U.S. Court of Appeals ruled...

Mealey's IP/Tech - Satellite Phone Firm's Click Fraud Lawsuit Mostly Dismissed

SAN DIEGO - A California federal judge on April 14 mostly granted a satellite phone company's motion to dismiss a complaint alleging "click fraud" brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo...

Mealey's IP/Tech - Claims In Trade Secrets Suit Substantially Survive Dismissal Motion

NEWARK, N.J. - A federal judge in New Jersey on April 17 substantially denied a motion to dismiss filed by defendants in a copyright infringement and misappropriation of trade secrets lawsuit, ruling that a company has properly pleaded its claims against a majority of the defendants in the action (Jorgensen...

Mealey's IP/Tech - 9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads

SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on...

Mealey's IP/Tech - Federal Circuit Orders Patent Board To Dismiss Re-Examination Of Claims

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 21 vacated certain aspects of a final decision by the Patent Trial and Appeal Board, agreeing that the underlying request for inter partes re-examination should not have been granted pursuant to Section 317(b) of the Patent Act, 35...

Mealey's IP/Tech - Dismissal Of Trademark Dispute Between Tracks, Kentucky Downs Affirmed

CINCINNATI - Allegations that Kentucky Downs LLC infringed the trademarks of other horse racing venues when operating an historical horse-race gambling platform were properly dismissed, the Sixth Circuit U.S. Court of Appeals ruled April 19 (Oaklawn Jockey Club Inc., et al. v. Kentucky Downs LLC and...

Mealey's IP/Tech - Employee's Profane Facebook Post Protected By NLRA, 2nd Circuit Finds

NEW YORK - Even though a fired employee's Facebook post was vulgar and offensive, a Second Circuit U.S. Court of Appeals panel on April 21 found that it constituted protected, union-related speech under the National Labor Relations Act (NLRA), leading the panel to grant a petition to enforce by the...

Mealey's IP/Tech - Federal Circuit: Board Obviousness, Anticipation Findings Unsupported

WASHINGTON, D.C. - A final ruling by the Patent Trial and Appeal Board that deemed various claims of an integrated circuit design patent obvious and anticipated was reversed April 24 by the Federal Circuit U.S. Court of Appeals on grounds that the board's findings were not supported by substantial...

Mealey's IP/Tech - Supreme Court Holds Oral Arguments In Biologics Act Dispute

WASHINGTON, D.C. - The merits of a July 2015 ruling by the Federal Circuit U.S. Court of Appeals that barred an abbreviated biologic license applicant from marketing Zarxio - biosimilar to the bone marrow stimulant Neupogen - for 180 days in light of the applicant's premature notice of commercial...

Mealey's IP/Tech - 4th Circuit Affirms Dismissal Of False Advertising Claims

RICHMOND, Va. - A Virginia federal judge's decision to dismiss allegations of false advertising levied in connection with Better Business Bureau ratings was not erroneous, the Fourth Circuit U.S. Court of Appeals ruled April 24 (Wall & Associates Inc. v. Better Business Bureau of Central Virginia...