LexisNexis® Legal Newsroom
Mealey's IP/Tech - Copyright Infringement, Trade Secrets Claims Dismissed In Misappropriation Suit

TRENTON, N.J. - An engineering firm in a misappropriation of trade secrets lawsuit has failed to show that it had a valid copyright registration or had applied for a copyright it alleges two former employees misappropriated after becoming employed by the firm's competitor, a federal judge in New...

Mealey's IP/Tech - Twitter Users, DOJ Move For Summary Judgment In Trump Account-Blocking Suit

NEW YORK - Responding to a summary judgment motion filed by the U.S. Department of Justice (DOJ), on behalf of President Donald J. Trump and three top aides, a group of people that have been blocked from the president's Twitter account filed a cross-motion on Nov. 3 in New York federal court, defending...

Mealey's IP/Tech - Judge Enters Default, Awards Damages For Infringement Of Fitness Product Marks

LOS ANGELES - A California federal judge on Nov. 6 entered a default ruling in favor of a health and fitness company on its claims for violation of California's unfair competition law (UCL) and trademark infringement against a company that was selling its products online, awarding the owner of the...

Mealey's IP/Tech - 2nd Circuit Affirms Rejection Of DMCA Claim, Denial Of Attorney Fees

NEW YORK - A New York federal judge did not err in rejecting allegations that a licensee violated the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 1201(a), when it modified security measures to prevent two software programs from self-enforcing certain licensing restrictions because the plaintiffs...

Mealey's IP/Tech - Federal Circuit: Fees Due On Trade Dress Claims, Not Copyright, Patent Claims

WASHINGTON, D.C. - A Texas federal judge's denial of a motion to dismiss a declaratory judgment action relating to patent, copyright and trade dress protection for fiberglass utility bodies for use with trucks was affirmed Nov. 7 by the Federal Circuit U.S. Court of Appeals, which agreed that an...

Mealey's IP/Tech - Petitioner Seeks Rehearing Of Patent Board Denial Of Inter Partes Review

ALEXANDRIA, Va. - R.J. Reynolds Vapor Co. on Nov. 6 requested rehearing of an Oct. 23 ruling by the Patent Trial and Appeal Board that partly denied institution of inter partes review (IPR) of an electronic cigarette patent (R.J. Reynolds Vapor Co. v. Fontem Holdings 1 BV, No. IPR2017-01120, PTAB).

Mealey's IP/Tech - Judge Clarifies Fact, Opinion Work Product In Patent Antitrust Suit

SAN JOSE, Calif. - Responding to discovery disputes by the parties in a lawsuit alleging monopolization and false advertising of patents for specialty medical software, a California federal judge on Nov. 6 clarified a previous order compelling production, differentiating between fact and opinion work...

Mealey's IP/Tech - Delaware Federal Magistrate Judge: Dismiss Patent Case Against Home Depot

WILMINGTON, Del. - Allegations that Home Depot U.S.A. Inc. directly infringed various method claims of two patents by providing installation guides and videos on its website for accused luxury vinyl tile and wood plastic composite flooring products should be dismissed, a Delaware federal magistrate judge...

Mealey's IP/Tech - 75 Website Operators Enjoined From Offering Counterfeit Gucci Items

FORT LAUDERDALE - A Florida federal judge on Nov. 8 granted Gucci America Inc.'s motion for a preliminary injunction against 75 website operators that the plaintiff said were selling counterfeit goods bearing the "Gucci" mark, finding Gucci "very likely" to succeed in its trademark...

Mealey's IP/Tech - Arbitration Ordered In Class Suit Over Faulty Live Steam Of Mayweather Fight

NEW YORK - A class complaint alleging that the live stream of an August boxing match suffered from technical failures and caused pay-per-view viewers to miss large portions of the fight was stayed Nov. 7 by a New York federal judge, who ordered the matter to arbitration (Victor Mallh, et al. v. Showtime...

Mealey's IP/Tech - Federal Circuit Affirms: Biologics For Neutropenia Treatment Do Not Infringe

WASHINGTON, D.C. - A Florida federal judge did not err in rejecting allegations by Amgen Inc. and Amgen Manufacturing Limited (Amgen, collectively) that proposed biosimilar versions of two Amgen pegfilgrastim and filgastim products would infringe a patented method of refolding recombinant proteins expressed...

Mealey's IP/Tech - Federal Circuit Hears Oral Argument In Dispute Over Gattex Patent

WASHINGTON, D.C. - The owner of a patent covering the short bowel syndrome (SBS) drug Gattex argued before the Federal Circuit U.S. Court of Appeals on Nov. 9 that the Patent Trial and Appeal Board erred in deeming various claims obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (In re: NPS...

Mealey's IP/Tech - 4th Circuit Affirms: Computer Fraud Claims Preempted By Copyright Act

RICHMOND, Va. - Allegations that the creator of a cloud computing environment committed computer fraud when it copied and transferred data to former employees of a company it once contracted with are preempted by the Copyright Act, the Fourth Circuit U.S. Court of Appeals ruled Nov. 13 (OpenRisk LLC...

Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Affirms Noninfringement Judgment

WASHINGTON, D.C. - In a reversal of its previous findings, the Federal Circuit U.S. Court of Appeals on Nov. 13 upheld a Wisconsin federal judge's decision to deny a new trial on damages and infringement of various genetic testing kit patents (Promega Corporation v. Life Technologies Corp., No. 13...

Mealey's IP/Tech - Indiana Federal Judge Denies Relief In Dispute Over Wine Aeration Patent

SOUTH BEND, Ind. - Efforts by a patent owner to obtain a preliminary injunction barring a competitor from selling a similar device designed to aerate and dispense wine were unsuccessful on Nov. 13, when an Indiana federal judge questioned the likelihood that the lawsuit will succeed (MercAsia USA Ltd...

Mealey's IP/Tech - Yahoo, Promotions Firm Announce Settlement In Remanded NCAA Contest Suit

DALLAS - In a joint filing Nov. 13 in Texas federal court, Yahoo! Inc. and a former promotional partner announced that they had stipulated to settlement of the remaining issues in a remanded case centering on contractual disputes over a 2014 online NCAA contest three months after the Fifth Circuit U...

Mealey's IP/Tech - In Final Decision, Patent Board Partly Sides With Justice Department

ALEXANDRIA, Va. - A challenge by the U.S. States Department of Justice to various claims of a security alarm system patent was partly successful Nov. 10, when the Patent Trial and Appeal Board agreed that 18 claims are unpatentable as anticipated (U.S. Department of Justice v. Discovery Patents LLC,...

Mealey's IP/Tech - Caltech Urges Patent Board To Reconsider Grant Of Apple Motion

ALEXANDRIA, Va. - An October decision by the Patent Trial and Appeal Board to grant Apple Inc.'s motion to file supplemental information in its challenge to a California Institute of Technology (Caltech) patent is "deeply prejudicial in both its timing and its scope," the university told...

Mealey's IP/Tech - 5th Circuit Affirms: State Law Claim Preempted By Copyright, Patent Statutes

NEW ORLEANS - An allegation of unfair competition by misappropriation under Texas law was properly rejected by a Texas federal judge on the basis of federal preemption under the Copyright Act, 17 U.S.C. 101 et seq., and Patent Act, 35 U.S.C. 1 et seq., the Fifth Circuit U.S. Court of Appeals ruled Nov...

Mealey's IP/Tech - Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits

HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits...

Mealey's IP/Tech - TC Heartland Represents Change Of Law, Federal Circuit Concludes

WASHINGTON, D.C. - In granting a petition for mandamus by Micron Technology Inc. on Nov. 14, the Federal Circuit U.S. Court of Appeals resolved lingering uncertainty following the May 2017 U.S. Supreme Court ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, deeming the case an intervening change...

Mealey's IP/Tech - Refusal To Register 'Sensi' Trademark Upheld By Federal Circuit

WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board that the "Sensi" trademark in Class 5 of the Trademark Classifications for Goods and Services for diapers would likely cause confusion with two previously registered marks for "Sensi-Care" for use in connection with...

Mealey's IP/Tech - Rehearing By Patent Board Sought, Reliance On General Plastic Factors Disputed

ALEXANDRIA, Va. - A recent ruling by the Patent Trial and Appeal Board that established a series of factors to consider when multiple petitions for inter partes review (IPR) of one patent are filed by one party should not have been relied on by the board in turning away a petition for IPR in October...

Mealey's IP/Tech - Architectural Expert's Testimony Restricted In Home Design Copyright Case

TOLEDO, Ohio - An architectural expert in a home design copyright infringement action cannot opine that a company's designs do not merit copyright protection because the opinion is an impermissible legal conclusion, though the expert can testify about the similarities and differences between the...

Mealey's IP/Tech - IT Specialist Can Opine On Falsity Of Investor Statements, Judge Says

SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission...