LexisNexis® Legal Newsroom
Mealey's IP/Tech - Government Stance On Registration Vs. Application Sought By Supreme Court

WASHINGTON, D.C. - In its Jan. 8 orders list, the U.S. Supreme Court moved one step closer to resolving a circuit split on whether a copyright infringement lawsuit may commence only upon receipt of a copyright registration or earlier, when an application for copyright is filed (Fourth Estate Public Benefit...

Mealey's IP/Tech - 5th Circuit Affirms: Assignment Extinguishes Standing In Copyright Case

NEW ORLEANS - A Texas federal judge did not err in dismissing, on standing grounds, counterclaims of copyright infringement by various Tejano recording artists, the Fifth Circuit U.S. Court of Appeals ruled Jan. 4 (Hacienda Records L.P. v. Ruben Ramos, et al., No. 16-41180, 5th Cir., 2018 U.S. App. LEXIS...

Mealey's IP/Tech - Overturning Achates, Federal Circuit Says Time-Bar Rulings Are Appealable

WASHINGTON, D.C. - In a divided Jan. 8 ruling, an en banc Federal Circuit U.S. Court of Appeals found that the bar on judicial review of decisions to institute inter partes review (IPR) does not extend to determinations that a petition for IPR is time-barred under the America Invents Act (AIA), 35 U...

Mealey's IP/Tech - Federal Circuit Vacates Finding Apotex Infringed Drug Delivery Patents

WASHINGTON, D.C. - A Delaware federal judge erred by failing to construe "extended release coating" as the term appears in two drug delivery patents as requiring a continuous outer film, in light of intrinsic evidence, the Federal Circuit U.S. Court of Appeals ruled Jan. 4 (Aptalis Pharmatech...

Mealey's IP/Tech - 9th Circuit Partly Affirms, Partly Reverses In Oracle, Rimini Copyright Case

SAN FRANCISCO - In a Jan. 8 decision, the Ninth Circuit U.S. Court of Appeals upheld a Nevada federal judge's determination that a third-party software support company committed copyright infringement when it relied on a license granted to one customer to copy software from the Oracle USA Inc. website...

Mealey's IP/Tech - Festival Host To 9th Circuit: 'Life Is Beautiful' Marks Were Fraudulently Obtained

SAN FRANCISCO - The organizer of the annual "Life is Beautiful" festival tells the Ninth Circuit U.S. Court of Appeals in a Jan. 5 brief that an artist's trademark claims related to that phrase were properly dismissed due to unclean hands and a failure to use the asserted marks in commerce...

Mealey's IP/Tech - Certiorari Denied In Dispute Over Fee Award In Longstanding Patent Case

WASHINGTON, D.C. - A June 2017 decision by the Federal Circuit U.S. Court of Appeals to reverse, for a second time, a Pennsylvania federal judge's award of attorney fees on behalf of a prevailing patent defendant will stand, thanks to a denial of certiorari in the case Jan. 8 by the U.S. Supreme...

Mealey's IP/Tech - 11th Circuit Affirms: Former Member Has No Right To 'Commodores' Mark

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 9 found that when Thomas McClary departed the Grammy Award-winning band The Commodores in 1984, he forfeited his common-law rights to use and profit from "The Commodores" trademark (Commodores Entertainment Corporation v. Thomas McClary...

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Anticipation, Obviousness Rulings

WASHINGTON, D.C. - A final decision by the Patent Trial and Appeal Board (PTAB) that upheld an examiner's rejection of various claims of a patented process for crossing, or mating, two parent soybean lines was affirmed Jan. 8 by the Federal Circuit U.S. Court of Appeals (Monsanto Technology LLC v...

Mealey's IP/Tech - Federal Circuit Affirms: Malware Detection Patent Is Patent-Eligible

WASHINGTON, D.C. - Although upholding a California federal judge's determination of patent eligibility, the Federal Circuit U.S. Court of Appeals on Jan. 10 deemed a defendant entitled to judgment as a matter of law (JMOL) with regard to a separate patent on grounds that an accused malware detection...

Mealey's IP/Tech - Patent Owner, Challenger Both Appeal Board Rulings To Federal Circuit

WASHINGTON, D.C. - An inter partes review (IPR) petitioner that successfully established obviousness of 32 claims of three patents nonetheless argues in a Jan. 9 brief that the Patent Trial and Appeal Board ruling did not go far enough and should have instead invalidated all challenged claims (Vivint...

Mealey's IP/Tech - Federal Circuit Holds Oral Arguments In Dispute Over Denied Fee Award

WASHINGTON, D.C. - A dispute over the question of whether an "exceptional case" finding in a district court can be based on events that occur during an inter partes re-examination or review was argued before the Federal Circuit U.S. Court of Appeals on Jan. 10 (SAP America Inc. v. Wellogix...

Mealey's IP/Tech - 6th Circuit Reinstates Dispute Over Riflescope Trade Dress Protection

CINCINNATI - A rejection on summary judgment of allegations that a riflescope maker committed trade dress infringement through the design of its knurling was erroneous, the Sixth Circuit U.S. Court of Appeals ruled Jan. 10 (Leapers Inc. v. SMTS LLC, et al., No. 17-1007, 6th Cir., 2018 U.S. App. LEXIS...

Mealey's IP/Tech - Patent Board Sides With Apple, Deems All Challenged Claims Obvious

ALEXANDRIA, Va. - In a Jan. 11 final written decision, the Patent Trial and Appeal Board deemed all 24 challenged claims of a data compression patent obvious under Section 103(a) of the Patent Act, 35 U.S.C. 103(a) (Apple Inc. v. Realtime Data LLC, No. IPR2016-01366, PTAB).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Fees In Honeywell Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge did not err in determining that allegations of infringement of a patent later deemed invalid for violating Section 102 of the Patent Act, 35 U.S.C. 102, were not exceptional, the Federal Circuit U.S. Court of Appeals affirmed Jan. 11 (Honeywell International...

Mealey's IP/Tech - Patent Owner Prevails In Final Written Decision By Patent Board

ALEXANDRIA, Va. - A patent relating to Novartis AG's Afinitor anti-cancer drug was confirmed as patentable Jan. 11 in a final written decision by the Patent Trial and Appeal Board, which rebuffed allegations of obviousness by Par Pharmaceutical Inc. and other drug makers (Par Pharmaceutical Inc....

Mealey's IP/Tech - Supreme Court Grants Certiorari In Dispute Over Patent Lost Profit Awards

WASHINGTON, D.C. - In its Jan. 12 order list, the U.S. Supreme Court granted certiorari for a second time in a dispute over the availability of lost profits awards in cases of infringement under Section 271(f) of the Patent Act, 35 U.S.C. 271(f), where the profits arose from prohibited combinations occurring...

Mealey's IP/Tech - Supreme Court Will Consider Enforceability Of South Dakota Internet Sales Tax Law

WASHINGTON, D.C. - In its Jan. 12 order list, the U.S. Supreme Court granted certiorari to South Dakota in its challenge of the continued applicability of a 25-year-old case that bars the state's ability to enforce a new law requiring certain out-of-state internet retailers to collect and remit sales...

Mealey's IP/Tech - Divided 1st Circuit Limits Trademark Licensee To Prepetition Damages

BOSTON - In what it deemed a case of first impression, a divided First Circuit U.S. Court of Appeals on Jan. 12 found that a trademark licensee retains only the right to seek prepetition damages following a Chapter 11 debtor-in-possession's rejection of the underlying license agreement (Mission Product...

Mealey's IP/Tech - Enhanced Damages, Willfulness Finding Vacated By Federal Circuit

WASHINGTON, D.C. - A jury verdict of willful patent infringement and corresponding $24,280,330 compensatory damages award, along with a Nebraska federal judge's subsequent doubling of that sum, were vacated and remanded Oct. 12 by the Federal Circuit U.S. Court of Appeals (Exmark Manufacturing Company...

Mealey's IP/Tech - Inventors: Denial Of Patent Application By Examiner Was Error

WASHINGTON, D.C. - In a Jan. 11 reply brief, two appellants tell the Federal Circuit U.S. Court of Appeals that their invention "advanced the science" by "creating a previously unknown composition of matter" and discovering a new usefulness for the composition, thereby rendering the...

Mealey's IP/Tech - Federal Circuit Vacates Denial Of Relief In Hair Treatment Patent Case

WASHINGTON, D.C. - In a Jan. 16 ruling, the Federal Circuit U.S. Court of Appeals found that a Delaware federal judge erred in basing her decision to deny a patent assignee and licensee injunctive relief on an erroneous claim construction that excluded various accused L'Oreal USA Inc. products (Liqwd...

Mealey's IP/Tech - Nebraska Federal Judge Won't Retransfer Trademark Claims To Texas

OMAHA, Neb. - A request by a trademark owner to retransfer infringement allegations to the U.S. District Court for the Southern District of Texas was denied Jan. 16 by a Nebraska federal judge, who found that the plaintiff failed to show that a previously severed defendant is indispensable to the Texas...

Mealey's IP/Tech - In Covered Business Method Review, Patent Board Finds 5 Claims Ineligible

ALEXANDRIA, Va. - The Patent Trial and Appeal Board in a Jan. 16 final written decision sided with a petitioner for covered business method (CBM) review, agreeing that five claims of a method for communicating information from remote sites to a central location are directed to the abstract idea of "establishing...

Mealey's IP/Tech - Judge Transfers Noninfringement, UCL Action Against Harley To Wisconsin

MILWAUKEE - A California federal judge on Jan. 11 transferred an aftermarket motorcycle part company's action in which it seeks a declaration of noninfringement and asserts a claim for violation of California's unfair competition law (UCL) against a motorcycle maker to the U.S. District Court...