LexisNexis® Legal Newsroom
Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA And RESPA Claims Against Lenders

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 23 dismissed an appeal of a borrower's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), finding that a letter he sent was not considered a qualified written request and...

Mealey's IP/Tech - 11th Circuit Affirms: Copyright Claims Barred By Settlement Agreement

ATLANTA - Finding no error in a Georgia federal judge's conclusion that a plaintiff released its claims for copyright infringement in a previous settlement agreement with third-party retailer Lands' End, the 11th Circuit U.S. Court of Appeals on Nov. 22 affirmed a grant of summary judgment on...

Mealey's IP/Tech - Massachusetts Federal Judge Dismisses Contributory Patent Infringement Claims

BOSTON - Allegations of direct, induced and willful patent infringement will proceed in Massachusetts federal court, but a claim for contributory patent infringement was dismissed Nov. 23 (Sunrise Technologies Inc. v. Cimcon Lighting Inc., No. 15-11545, D. Mass.; 2016 U.S. Dist. LEXIS 162557).

Mealey's IP/Tech - Patent Board Grants Los Angeles Transportation Authority Petition

ALEXANDRIA, Va. - A patent covering a system that discloses the number of occupants in a vehicle traveling in a high occupancy vehicle (HOV) lane will face inter partes review (IPR), the Patent Trial and Appeal Board announced Nov. 22 (Los Angeles County Metropolitan Transportation Authority v. Transport...

Mealey's IP/Tech - 4th Circuit Affirms Ruling In Insurer's Favor In Breach Of Contract Suit

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Nov. 22 affirmed a lower federal court's ruling in favor of an insurer in a lawyer and his consulting firm's lawsuit alleging breach of contract, unjust enrichment, conversion, unauthorized use of name and trademark and copyright infringement...

Mealey's IP/Tech - California Federal Judge Denies Motion By Copyright Plaintiff

LOS ANGELES - A dispute between a fabric designer and a manufacturer and retailer accused of selling garments that infringe upon numerous copyrighted designs will proceed, in light of a Nov. 28 decision by a California federal judge to deny the fabric designer partial summary judgment (Urban Textile...

Mealey's IP/Tech - Patent Board Denies Microsoft Effort To Review Chat Room Patent

ALEXANDRIA, Va. - Allegations by Microsoft Corp. that a patent claiming a complex chat room communications system would have been obvious to one of ordinary skill in the art were rejected Nov. 29 by the Patent Trial and Appeal Board (Microsoft Corp. v. Windy City Innovations LLC, No. IPR2016-01146, PTAB...

Mealey's IP/Tech - Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit

CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing...

Mealey's IP/Tech - Lawyer In File-Sharing Case Again Sanctioned For Discovery Violations

EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions...

Mealey's IP/Tech - Supreme Court Grants Certiorari, Will Review Patent Exhaustion Doctrine

WASHINGTON, D.C. - Acting on the recommendation of the U.S. solicitor general, the U.S. Supreme Court on Dec. 2 granted certiorari in a case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board, Says Patents Are Obvious, Anticipated

WASHINGTON, D.C. - Two inter partes re-examinations by the U.S. Patent Trial and Appeal Board that led to findings of patent invalidity were proper, the Federal Circuit U.S. Court of Appeals ruled Dec. 2 (Dako Denmark A/S v. Leica Biosystems Melbourne Party Ltd., No. 16-1000, Fed. Cir.).

Mealey's IP/Tech - 5th Circuit Vacates Injunction, Overturns $340 Million Antitrust Award

NEW ORLEANS - A Texas federal judge erroneously denied Becton Dickinson & Co. (BD) judgment as a matter of law (JMOL) on allegations by a plaintiff that BD attempted to monopolize the market for safety syringes through various deceptive practices, the Fifth Circuit U.S. Court of Appeals held Dec...

Mealey's IP/Tech - Following Bench Trial, D.C. Federal Judge Sides With Copyright Plaintiff

WASHINGTON, D.C. - A plaintiff is entitled to prevail on its allegation that Poland's national public television broadcasting company violated the Copyright Act by displaying episodes of "TVP Polonia" on its website without permission, a District of Columbia federal judge ruled Dec. 2 ...

Mealey's IP/Tech - New York Federal Judge Grants Dismissal Of Pro Se Copyright Case

SYRACUSE, N.Y. - An artist's allegation of copyright infringement in connection with an image of him taken without permission while carrying two of his own paintings were dismissed Nov. 30 by a New York federal judge (Earl Swanigan v. Kenneth Young, et al., No. 15-1272, N.D. N.Y.; 2016 U.S. Dist...

Mealey's IP/Tech - Patent Board Grants Rehearing, Partly Reverses Examiner's Rejection

ALEXANDRIA, Va. - A rejection under 35 U.S. Code Section 103(a) of two claims of a thermal chemical reaction patent was reversed Dec. 2 by the Patent Trial and Appeal Board (Ex parte Battelle Memorial Institute, No. 2015-005944, PTAB).

Mealey's IP/Tech - U.S. Supreme Court: Article Of Manufacture May Be Single Component Of Product

WASHINGTON, D.C. - A May 2015 ruling by the Federal Circuit U.S. Court of Appeals that jurors deciding damages in design patent infringement cases need not disregard unprotected elements when arriving at a total damage award was reversed and remanded Dec. 6 by the U.S. Supreme Court, in a win for Samsung...

Mealey's IP/Tech - Citing Sovereign Immunity, Michigan Federal Judge Partly Rejects Copyright Case

DETROIT - Allegations that a university violated the Copyright Act were rejected on summary judgment Dec. 5 by a Michigan federal judge on grounds of sovereign immunity; however, the judge in the same ruling agreed that two individuals will remain in the case as copyright infringement defendants (Alisa...

Mealey's IP/Tech - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy...

Mealey's IP/Tech - U.S. Supreme Court Hears Patent Dispute Over Multicomponent Inventions

WASHINGTON, D.C. - A jury award of $52 million in lost profits was premised on an erroneous instruction that worldwide sales can be considered even when the product in question only contains a single "staple article" manufactured domestically, an attorney for patent infringement defendant Life...

Mealey's IP/Tech - Florida Federal Judge: Copyright, Trademark Case Fails To State A Claim

FORT MYERS, Fla. - Allegations by a pro se plaintiff that two individual defendants committed copyright and trademark infringement are insufficiently pleaded, a Florida federal judge ruled Dec. 6 (Daniel A. Bernath v. Don Shipley, et al., No. 16-40, M.D. Fla.; 2016 U.S. Dist. LEXIS 168253).

Mealey's IP/Tech - Patent Board: Apple Entitled To Review Of Compression Patent

ALEXANDRIA, Va. - Assertions by Apple Inc. that a device compression patent that has been frequently asserted in various federal lawsuits is invalid pursuant to 35 U.S. Code Section 103(a) were well received by the Patent Trial and Appeal Board, which instituted inter partes review (IPR) on Dec. 6 (Apple...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent

WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it "failed to articulate a reason why" a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art...

Mealey's IP/Tech - 9th Circuit Panel Denies Rehearing In Computer Fraud, Trade Secrets Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Dec. 8 amended an earlier ruling in which it affirmed computer fraud and trade secrets convictions of a man who accessed his former employer's computer "without access," to deny his motion for rehearing en banc (United...

Mealey's IP/Tech - Patent Covering Rapid-Dissolve Films Won't Be Reviewed By Patent Board

ALEXANDRIA, Va. - Finding no likelihood that Dr. Reddy's Laboratories Inc. will prevail in showing that at least one claim of a patented rapid-dissolve film for orally administered active ingredients is invalid, the Patent Trial and Appeal Board on Dec. 5 denied inter partes review (IPR) (Dr. Reddy's...

Mealey's IP/Tech - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company...