LexisNexis® Legal Newsroom
Mealey's IP/Tech - On-Sale Bar Defense Could Be Viable, Federal Circuit Rules

WASHINGTON, D.C. - In a July 3 holding, the Federal Circuit U.S. Court of Appeals found that a Texas federal magistrate judge erred in granting a patent owner a summary judgment that the on-sale bar defense is inapplicable in an infringement action (Equistar Chemicals LP, et al. v. Westlake Chemical...

Mealey's IP/Tech - Connecticut Federal Judge Grants Fees, Costs In Patent, Lanham Act Case

HARTFORD, Conn. - A Connecticut federal judge ruled July 5 that a patent infringement case qualifies as "exceptional," citing two defaulting defendants' "deliberate obfuscation" of their identities in an effort to avoid detection (KX Technologies LLC v. Zuma Water Filters Inc...

Mealey's IP/Tech - Federal Circuit Affirms: Medical Device Patent Not Infringed

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 6 found that although a Minnesota federal judge correctly construed the term "body" in a surgical device patent and did not err in granting a summary judgment of noninfringement, the construction also moots the issue of invalidity...

Mealey's IP/Tech - Federal Circuit Partly Grants Rehearing, Issues Modified Patent Ruling

WASHINGTON, D.C. - In a July 9 order, the Federal Circuit U.S. Court of Appeals partly granted rehearing of its May 1 ruling that vacated a $48 million disgorged profits award, and issued a modified decision affecting just one subsection pertaining to extraterritorial sales (Texas Advanced Optoelectronic...

Mealey's IP/Tech - Fungi Treatment Method Singled Out In New Inter Partes Review Petition

ALEXANDRIA, Va. - A patented method of treating human onychomycosis caused by Trichophyton rubrum or Trichophyton mentagrophytes with topical administration of a composition containing tavaborole would have been obvious to a person of skill in the art (POSITA), Mylan Pharmaceuticals Inc. asserts in a...

Mealey's IP/Tech - Illinois Federal Judge Limits Enhanced Patent Damages, Urges Parties To Settle

CHICAGO - A patent defendant's motion for summary judgment of noninfringement and patent invalidity was largely denied June 6 by an Illinois federal judge who agreed to strike only the patent owner's request for willful infringement damages occurring before the defendant's CEO was notified...

Mealey's IP/Tech - Opening Brief, AmicusBriefs Filed In Dispute Over FRAND Royalties

WASHINGTON, D.C. - In a corrected opening brief filed July 5 before the Federal Circuit U.S. Court of Appeals, Telefonaktiebolaget LM Ericsson and Ericsson Inc. (Ericsson, collectively) argue that they were unfairly denied a jury trial in a declaratory judgment lawsuit that was filed in anticipation...

Mealey's IP/Tech - 4th Circuit: Immunity Protects State From Copyright Infringement Claim

RICHMOND, Va. - A North Carolina federal judge erred in rejecting an assertion of sovereign immunity raised by North Carolina in response to allegations of copyright infringement on grounds that immunity was abrogated by the Copyright Remedy Clarification Act of 1990 (CRCA), the Fourth Circuit U.S. Court...

Mealey's IP/Tech - Apple, Google Lose In Appeal Of Covered Business Method Patent Review

WASHINGTON, D.C. - The Patent Trial and Appeal Board applied an incorrect legal standard when determining that a patent qualifies as a covered business method (CBM), the Federal Circuit U.S. Court of Appeals ruled July 11 (Apple Inc., et al., v. ContentGuard Holdings Inc., No. 16-2548, Fed. Cir.).

Mealey's IP/Tech - Injunctive Relief Denied, Early Discovery Granted InTutoring Firms' Dispute

SAN FRANCISCO - An academic preparation company saw its motion for a temporary restraining order (TRO) to search the computers and email accounts of three ex-employees denied July 6, with a California federal judge, instead, granting the plaintiff's request for early discovery to determine the extent...

Mealey's IP/Tech - NFL, OpenTV Agree To Settle Inter Partes Review Of Video Embed Patent

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on July 10 terminated a dispute between NFL Enterprises Inc. and OpenTV Inc., after the parties announced on July 6 that they have reached a settlement (NFL Enterprises Inc. v. OpenTV Inc., No. IPR2017-02092, PTAB).

Mealey's IP/Tech - In Consolidated Inter Partes Reviews, Board Confirms Patentability

ALEXANDRIA, Va. - A challenge to a patented method for treating relapsing-remitting multiple sclerosis (RR-MS) was turned away by the Patent Trial and Appeal Board on July 11, in a win for patent owner Novartis A.G. (Apotex Inc., et al. v. Novartis A.G., Nos. IPR2017-00854, IPR2017-01550, IPR2017-01946...

Mealey's IP/Tech - Fox Opposes Certiorari In 'Empire' Expressive Work Trademark Dispute

WASHINGTON. D.C. - Twentieth Century Fox Television in a July 9 opposition brief asks the U.S. Supreme Court to deny a record label's petition for certiorari in a trademark lawsuit centering on soundtracks associated with the television series "Empire," arguing that the petitioner has failed...

Mealey's IP/Tech - 9th Circuit Rejects Rehearing Request In 'Blurred Lines' Case

SAN FRANCISCO - Efforts by Robin Thicke, Pharrell Williams and others to overturn a March ruling that upheld a $5.3 million damage award for copyright infringement stemming from the hit song "Blurred Lines" failed July 11, when the Ninth Circuit U.S. Court of Appeals denied panel and en banc...

Mealey's IP/Tech - 11th Circuit Affirms Dismissal Of Copyright Claims Against Apple

ATLANTA - Allegations by a purported inventor of an electronic reading device that Apple Inc. copied the "non-functional aesthetic look and feel" of his technical drawings submitted in conjunction with a patent application were properly dismissed by a Florida federal judge, the 11th Circuit...

Mealey's IP/Tech - Samsung Tells Patent Board: Device 'Waking' Technique Is Obvious

ALEXANDRIA, Va. - A patent directed to waking a device from a low-power state in response to detected acceleration, such as when a device is moved, recites "well-known accelerometer techniques," Samsung Electronics America Inc. asserts in a July 11 petition for inter partes review (IPR) by...

Mealey's IP/Tech - Federal Circuit Confirms Validity Of Injectable Testosterone Patents

WASHINGTON, D.C. - A Delaware federal judge's determination, following a bench trial, that two patents relating to the injectable testosterone drug Aveed are not invalid was not erroneous, the Federal Circuit U.S. Court of Appeals ruled July 13 (Endo Pharmaceuticals Solutions Inc., et al., v. Custopharm...

Mealey's IP/Tech - Yahoo Seeks Reconsideration Of Judgment Denial In TCPA Text Message Suit

CHICAGO - Citing a recent change in relevant case law, Yahoo! Inc. on July 12 moved for reconsideration of an Illinois federal court's December 2014 denial of summary judgment in a lawsuit alleging that the internet firm violated the Telephone Consumer Protection Act (TCPA), stating that recently...

Mealey's IP/Tech - Blind Man Defends Standing To Sue Over Credit Union's Website In 4th Circuit

RICHMOND, Va. - In a July 12 reply brief, a blind man tells the Fourth Circuit U.S. Court of Appeals that he has standing to sue a credit union under the Americans with Disabilities Act (ADA) as a "tester" of its website's equal accessibility and based on a concrete injury to his dignity...

Mealey's IP/Tech - Fair Use Defense May Be Available For Reproduced Standards, D.C. Circuit Says

WASHINGTON, D.C. - Although avoiding the "far thornier question" of whether written standards for commercial and industrial endeavors retain intellectual property protection after they are incorporated by reference into law, the District of Columbia Circuit U.S. Court of Appeals on July 17...

Mealey's IP/Tech - Federal Circuit Affirms Rejection Of 6 Patent Applications

WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office (USPTO) to refuse registration of six patent applications relating to cold fusion was upheld July 17 by the Federal Circuit U.S. Court of Appeals (Mitchell R. Swartz v. U.S. Patent and Trademark Office, No. 18-1122, Fed. Cir.).

Mealey's IP/Tech - D.C. Circuit Affirms: Jurisdiction Lacking In Video-Streaming Dispute

WASHINGTON, D.C. - Upon de novo review, the District of Columbia U.S. Circuit Court of Appeals on July 17 upheld a District of Columbia federal judge's determination that isolated internet-based contacts with the United States are insufficient grounds to support specific personal jurisdiction in...

Mealey's IP/Tech - Experts' Opinions In Online Payment System Row Survive 'Legitimate' Objections

ST. LOUIS - A Missouri federal judge on July 16 mostly denied requests to exclude testimony from two experts in a breach of contract dispute over online payment systems, finding that a jury should decide if a defendant trucking company's "many legitimate" objections to the testimony are...

Mealey's IP/Tech - 5th Circuit Affirms: 'Cowboy Little Barrel' Trademark Abandoned

NEW ORLEANS - In a July 18 holding, a per curiam Fifth Circuit U.S. Court of Appeals panel refused to undo a Texas federal jury's determination that a trademark infringement plaintiff failed to rebut a presumption of intent not to resume use of the "Cowboy Little Barrel" (CLB) trademark...

Mealey's IP/Tech - Agricultural Biotech Company Urges Post-Grant Review Of MIT Patent

ALEXANDRIA, Va. - A patent issued in October 2017 and assigned to The Broad Institute Inc., Presidents and Fellows of Harvard College, and Massachusetts Institute of Technology covers "an incredibly broad and vast genus" of proteins encompassing "a virtually unknowable number of molecules...