LexisNexis® Legal Newsroom
Mealey's IP/Tech - Patent Board Grants Review In New Limelight, Akamai Dispute

ALEXANDRIA, Va. - In a ruling issued Dec. 30, the Patent Trial and Appeal Board announced it will review the patentability of nine claims of a patented method for delivering digital content (Limelight Networks Inc. v. Akamai Technologies Inc., No. IPR2016-01631, PTAB).

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case

WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications...

Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Willful Patent Infringement Claims

SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).

Mealey's IP/Tech - 7th Circuit Rejects Copyright Claims Against Amazon.com

CHICAGO - In what it deemed a "very unusual case," the Seventh Circuit U.S. Court of Appeals on Jan. 6 affirmed dismissal of a dispute in which Amazon.com Inc. was accused of permitting third parties to advertise for sale six counterfeit books in violation of the Copyright Act (Reginald Hart...

Mealey's IP/Tech - Indiana Federal Judge Dismisses Amended Copyright Complaint

FORT WAYNE, Ind. - Allegations that a school copied a copyrighted educational model without consent were dismissed Jan. 6 by an Indiana federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6) (Angela Brooks-Ngwenya v. National Heritage Academies, No. 16-183, N.D. Ind.; 2017 U.S. Dist. LEXIS...

Mealey's IP/Tech - Texas Magistrate Judge Largely Rules Against Google In Chrome Patent Case

MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology...

Mealey's IP/Tech - Supreme Court Denies Certiorari In 4 Patent Disputes

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied certiorari in four patent cases covering technologies ranging from pharmaceutical compounds to surgical staplers (Mylan Pharmaceuticals, et al. v. Acorda Therapeutics, et al., No. 16-360; Ethicon Endo-Surgery Inc. v. Covidien LP et al., No. 16...

Mealey's IP/Tech - Email Preservation Ordered In Russian Railcar Firm's Trade Secrets Lawsuit

SAN JOSE, Calif. - Finding that a Russian railcar company had demonstrated a likelihood of success in its claims against two former employees under the Defend Trade Secrets Act (DTSA), a California federal judge on Jan. 6 ordered the hosts of the employees' email accounts to preserve all electronic...

Mealey's IP/Tech - Majority: No Coverage For Legal Expenses Incurred Without Insurer's Approval

ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals ruled Jan. 9 that an insurer has no duty to pay an insured's $405,989 in pre-tender legal expenses incurred in defending a copyright infringement lawsuit, affirming a lower court's finding that Florida's claims administration...

Mealey's IP/Tech - Federal Circuit Upholds Stipulations Of Patent Invalidity, Noninfringement

WASHINGTON, D.C. - A Delaware federal judge did not err in construing "seal," "prevent" and other phrases of four patents relating to vehicular tilt control apparatuses, the Federal Circuit U.S. Court of Appeals ruled Jan. 9 (Cloud Farm Associates LP v. Volkswagen Group of America...

Mealey's IP/Tech - Patent Board Denies Intel Request For Inter Partes Review

ALEXANDRIA, Va. - A petition for inter partes review (IPR) of a patented method for reducing power consumption in integrated circuits was denied Jan. 10 by the Patent Trial and Appeal Board (Intel Corp. v. Future Link Systems LLC, No. IPR2016-01400, PTAB).

Mealey's IP/Tech - Backpage.com CEO Maintains 1st Amendment Argument In Appeal Over Senate Subpoena

WASHINGTON, D.C. - In his Jan. 9 reply brief in the District of Columbia U.S. Circuit Court of Appeals, Backpage.com LLC Chief Executive Officer Carl Ferrer defends his objections under the First Amendment to the U.S. Constitution to a U.S. Senate subpoena that he says inappropriately seeks information...

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

NEW ORLEANS - In a Jan. 11 ruling, the Fifth Circuit U.S. Court of Appeals upheld a Texas federal judge's determination that a state law claim of unfair competition by misappropriation - levied in connection with allegations of stolen instructional drawings - is preempted by the Copyright Act (Ultraflo...

Mealey's IP/Tech - Federal Circuit Says Patent Challenger Lacks Standing To Appeal

WASHINGTON, D.C. - An appellant seeking to challenge a final written decision by the Patent Trial and Appeal Board that confirmed the validity of a conjugated antibody patent was turned away on Jan. 9 by the Federal Circuit U.S. Court of Appeals (Phigenix Inc. v. ImmunoGen Inc., No. 16-1544, Fed. Cir...

Mealey's IP/Tech - New York Federal Judge Denies Dismissal Of Canon's Trademark Claims

CENTRAL ISLIP, N.Y. - A defendant's motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that he infringed the "Canon" trademark was rejected Jan. 11 by a New York federal judge (Canon-U.S.A. Inc. v. F&E Trading, LLC, et al., No. 15-6015, E.D. N.Y.; 2017...

Mealey's IP/Tech - Patent Board Grants Mylan Request For Review Of Cancer Treatment Patent

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Jan. 10 granted a petition for inter partes review (IPR) of a patented cancer treatment method but denied a petitioner's request for joinder with a similar IPR (Mylan Pharmaceuticals Inc. v. Janssen Oncology Inc., No. IPR2016-01332, PTAB).

Mealey's IP/Tech - Supreme Court Grants Certiorari In Patent Dispute Over Biologics

WASHINGTON, D.C. - In its Jan. 13 orders list, the U.S. Supreme Court announced that it will hear a closely watched dispute between two drug makers over their competing interpretations of several provisions of the Biologics Price Competition and Innovation Act (BPCIA) (Sandoz, Inc. v. Amgen, Inc., No...

Mealey's IP/Tech - 9th Circuit Deems IPhone App Purchases To Be Direct, Revives Antitrust Suit Against Apple

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 12 determined that Apple Inc. is a distributor of third-party created apps sold in its App Store, leading the panel to find that putative monopolization class claims related to the store could proceed (In re Apple iPhone Antitrust Litigation...

Mealey's IP/Tech - Federal Circuit Affirms: Cancer Treatment Method Would Infringe

WASHINGTON, D.C. - An Indiana federal judge properly found that under Akamai Technologies Inc. v. Limelight Networks Inc. (797 F.3d 1020, 1022 [Fed. Cir. 2015]) (Akamai V), a proposed generic chemotherapy drug would indirectly infringe "methods of treatment" claimed by an Eli Lilly & Co...

Mealey's IP/Tech - Texas Federal Judge Denies Summary Judgment On Dilution Claim

HOUSTON - Although granting Viacom International Inc. summary judgment on allegations that a proposed "The Krusty Krab" restaurant would represent trademark infringement, a Texas federal judge on Jan. 11 denied Viacom's request as it relates to trademark dilution (Viacom International Inc...

Mealey's IP/Tech - Summary Judgment In Favor Of Patent Defendant Reversed By Federal Circuit

WASHINGTON, D.C. - Disputed issues of material fact should have precluded a Florida federal judge from granting Ericsson Inc. a summary judgment that it does not infringe two patents relating to bandwidth allocation, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 17 (Wi-LAN USA Inc. v. Ericsson...

Mealey's IP/Tech - Angie's List Paid Reviews Class Settlement Approved; Appeal Dismissed

PHILADELPHIA - A month after a Pennsylvania federal judge granted final approval of a settlement in a class action alleging unfair trade practices related to the paid reviews feature on Angie's List Inc.'s website, the Third Circuit U.S. Court of Appeals granted dismissal of an objector's...

Mealey's IP/Tech - Twitter, Facebook, Google Call Terror-Aiding Claims Meritless, Seek Dismissal

OAKLAND, Calif. - In a Jan. 13 motion in California federal court, Twitter Inc., Facebook Inc. and Google Inc. again seek dismissal of terrorism-aiding claims brought against them by the father of a terror victim, asserting that such claims are barred by the Communications Decency Act (CDA) (Reynaldo...

Mealey's IP/Tech - Patent Board Rejects Volkswagen Challenge To Audio Integration Patent

ALEXANDRIA, Va. - Allegations by Volkswagen of America Inc. that a patented audio device integration system would have been obvious to one of ordinary skill in the art were rejected Jan. 13 by the Patent Trial and Appeal Board (Volkswagen of America Inc. v. Blitzsafe Texas LLC, No. IPR2016-01448, PTAB...

Mealey's IP/Tech - Amerigen Seeks Patent Board Review Of Shire ADHD Drug

ALEXANDRIA, Va. - A patented pharmaceutical composition containing three different beads of amphetamine salts is unpatentable pursuant to 35 U.S. Code Sections 102(b) and 103, Amerigen Pharmaceuticals Limited argues in a Jan. 13 petition for inter partes review (IPR) (Amerigen Pharmaceuticals Limited...