LexisNexis® Legal Newsroom
Mealey's IP/Tech - Motion To Exclude Expert In Florida Trademark Case Granted, Denied In Part

MIAMI - In a May 10 order, a Florida federal judge agreed with a plaintiff that a defense expert's conclusions regarding whether the U.S. Patent and Trademark Office (PTO) properly issued the "Royal Palm" trademark are "problematic," particularly in light of the expert's status...

Mealey's IP/Tech - Despite D.C. Circuit Ruling, Plaintiff Tells 9th Circuit Facebook Violated TCPA

SAN FRANCISCO - In a May 9 substitute opening brief in the Ninth Circuit U.S. Court of Appeals, a Montana man asserts that a recent ruling by the District of Columbia Circuit U.S. Court of Appeals did not alter controlling authority that supports his putative class complaint alleging that repeated, unwanted...

Mealey's IP/Tech - Lower Lost Sales Estimate In Trademark Row Reliable, Federal Judge Says

ORLANDO, Fla. - An expert's opinion that a company's trademark infringement cost the trademark holder more than $4 million in gross sales is admissible, although another analysis by the expert that yielded an $8 million loss is not because the method used to reach the higher amount is not reliable...

Mealey's IP/Tech - Supreme Court Deems Covered Business Method Patent Dispute Moot

WASHINGTON, D.C. - In its May 14 orders list, the U.S. Supreme Court granted certiorari in a patent case, vacating a judgment by the Federal Circuit U.S. Court of Appeals as moot and instructing the Federal Circuit to remand to the Patent Trial and Appeal Board for dismissal (PNC Bank National Association...

Mealey's IP/Tech - Declaratory Judgment Standing Lacking In Dispute Over Generic AIDS Drugs

WASHINGTON, D.C. - A California federal judge did not err in finding that a nationwide provider of health care services for patients with AIDS lacks declaratory judgment standing to maintain an action against the brand name manufacturer of drugs containing tenofir alafenamide fumarate (TAF), the Federal...

Mealey's IP/Tech - California Federal Judge Orders Stay In Dispute Over Coding Patent

SAN JOSE, Calif. - In a May 11 order, a California federal judge stayed patent infringement allegations levied by the Regents of the University of Minnesota pending the outcome of inter partes review (IPR) by the Patent Trial and Appeal Board, citing the university's own activities before the board...

Mealey's IP/Tech - In Granting Mandamus Petition, Federal Circuit Vacates Denial Of Dismissal

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on May 14 clarified two "basic" and "undecided" issues relating to "proper judicial administration in the wake of" TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017); according to the panel...

Mealey's IP/Tech - Claims Of Patented Fracturing System Should Be Canceled, Petitioner Says

ALEXANDRIA, Va. - A patented tubular seat and tubular actuating system for use in oil and gas fracturing is rendered obvious and anticipated by various prior art, according to a May 10 petition for inter partes review filed with the Patent Trial and Appeal Board (Packers Plus Energy Services Inc. v....

Mealey's IP/Tech - Federal Circuit Grants Mandamus, Remands Denied Transfer Request In Patent Case

WASHINGTON, D.C. - For the second day in a row, the Federal Circuit U.S. Court of Appeals on May 15 granted mandamus to overturn decisions by the Eastern District of Texas, which denied requests for dismissal or transfer of patent infringement allegations for improper venue under the patent venue statute...

Mealey's IP/Tech - Long-Running Digital Music Price-Fixing Class Action Voluntarily Dismissed

NEW YORK - A 12-year putative class action alleging antitrust violations in the form of price fixing for digital music concluded May 15 as a California federal judge approved a stipulation of dismissal reached by the music-purchasing plaintiffs and the record label defendants (In re Digital Music Antitrust...

Mealey's IP/Tech - 2nd Circuit Won't Rehear Fox Fair Use Ruling Against Media-Monitoring Service

NEW YORK - The operator of an online media-monitoring service saw its petition for rehearing denied May 14, as the Second Circuit U.S. Court of Appeals declined without comment reconsideration of its finding that TVEyes Inc.'s service is not fair use and, thus, infringes Fox News Network LLC's...

Mealey's IP/Tech - Texas Federal Magistrate Judge: Deny Fee Award In Trademark Dispute

AUSTIN, Texas - In a May 14 report and recommendation, a Texas magistrate judge found that an agreement that settled trademark infringement allegations is insufficient to confer prevailing party status because the parties to the settlement agreed only to submit the question of attorney fees to a Texas...

Mealey's IP/Tech - Revised, Tentative Jury Instructions Issued In Apple, Samsung Damages Retrial

SAN FRANCISCO - U.S. Judge Lucy Koh of the Northern District of California on May 16 issued revised, tentative jury instructions one day after opening arguments were held in the retrial on damages due in connection with Samsung Electronics Co. Ltd.'s infringement of three Apple smartphone design...

Mealey's IP/Tech - U.S. Senate Passes Joint Resolution Disapproving FCC's Net Neutrality Repeal

WASHINGTON, D.C. - In a 52-47 vote, the U.S. Senate on May 16 passed Senate Joint Resolution 52, which expressed congressional disapproval of a February 2018 Federal Communications Commission rule that repealed the principle known as "net neutrality."

Mealey's IP/Tech - Patent Owner Opposes Joinder Request In Inter Partes Review

ALEXANDRIA, Va. - In a May 15 brief, a patent owner urges the Patent Trial and Appeal Board to reject an inter partes review (IPR) petitioner's invocation of "issue joinder" as grounds for seeking IPR outside the statutorily mandated one-year window (Proppant Express Investments LLC v....

Mealey's IP/Tech - Dismissal Of Tablecloth Copyright Dispute Denied By Maryland Federal Judge

GREENBELT, Md. - A dispute between manufacturers of linens for use in the hospitality industry will proceed in light of a May 15 memorandum by a Maryland federal judge that deemed allegations of copyright and trade dress infringement adequately pleaded to survive a motion to dismiss (Garnier Thiebaut...

Mealey's IP/Tech - Robotic Surgical Company Takes Aim At Ethicon Patent In New Petition

ALEXANDRIA, Va. - A manufacturer and marketer of robotic surgical products asserts in a May 16 petition for inter partes review (IPR) before the Patent Trial and Appeal Board that an Ethicon LLC patent relating to a surgical system involving a remote user-controlled actuation console would have been...

Mealey's IP/Tech - Federal Circuit Reinstates Verdict That Phone Relay System Patent Is Valid

WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant, post-trial, a defendant's motion for judgment as a matter of law (JMOL) that various claims of a patent directed to a telephone relay system (TRS) are invalid as obvious was erroneous, the Federal Circuit U.S. Court of Appeals...

Mealey's IP/Tech - Petitioner: Patented System For Submitting Film Festival Applications Is Obvious

ALEXANDRIA, Va. - A patent that purportedly digitized the formerly manual process of using a pencil and paper to submit films for consideration at a film festival would have been obvious to a person of skill in the art (POSA), according to a May 17 petition for inter partes review (IPR) filed with the...

Mealey's IP/Tech - California Federal Judge Won't Query Copyright Office Over Registrations

SAN DIEGO - In two orders issued May 21, a California federal judge refused to issue a request that the Register of Copyrights reconsider registrations issued to Dr. Seuss Enterprises LP for "Oh, the Places You'll Go!" ("Go!") and "Sneetches" but granted a defendant...

Mealey's IP/Tech - In Longstanding Patent Row, New York Federal Judge Issues Fee Award

NEW YORK - In a May 18 ruling, a New York federal judge found that infringement allegations over an internet advertising patent were sufficiently meritless to justify an award of attorney fees, noting that the patent owner's exceptional conduct "pervaded" the litigation (TNS Media Research...

Mealey's IP/Tech - 5th Circuit Upholds Validity Of 'Krusty Krab' Trademark, Judgment

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 22 ruled that a Texas federal judge did not err in granting Viacom International Inc. summary judgment on its allegation that plans to name a restaurant "The Krusty Krab" would represent trademark infringement (Viacom International...

Mealey's IP/Tech - Delaware Federal Judge: Covered Business Method Review Not Unconstitutional

WILMINGTON, Del. - U.S. Judge Richard G. Andrews of the District of Delaware on May 22 turned away a constitutional challenge to the covered business method (CBM) review procedure established in 2011 by the Leahy-Smith America Invents Act (AIA), 112 P.L. 29, 125 Stat. 284 (Dr. Lakshmi Arunachalam v....

Mealey's IP/Tech - False Advertising Counterclaims Dismissed By Illinois Federal Judge

CHICAGO - Allegations by Becton, Dickinson and Co. that a competitor falsely advertised its medical sharps as the "safest in the world" fail as a matter of law, an Illinois federal judge ruled May 20 (Daniels Sharpsmart Inc. v. Becton, Dickinson and Co., No. 17-6940, N.D. Ill., 2018 U.S. Dist...

Mealey's IP/Tech - Copyright Infringement Allegations Over 'Gone Girl' Dismissed In Federal Court

CHICAGO - Gillian Flynn, author of the bestselling novel "Gone Girl" and screenplay of the same name, won dismissal on May 21 of allegations that her work infringed a copyrighted screenplay titled "Out of the Blue" (Leslie Weller v. Gillian Flynn, et al., No. 17-8799, N.D. Ill., 2018...