LexisNexis® Legal Newsroom
Mealey's IP/Tech - Plaintiff Partly Prevails In New York Copyright Dispute Over Embedded Tweets

NEW YORK - Breitbart News Network, Time Inc. and other online publishers were dealt a blow Feb. 15 when a New York federal judge ruled that tweets embedded in news stories can form the basis of a copyright infringement claim (Justin Goldman v. Breitbart News Network Inc., et al., No. 17-3144, S.D. N...

Mealey's IP/Tech - Trade Dress Defendant Loses Bid For New Trial In Washington Federal Court

SEATTLE - In a Feb. 14 ruling, a Washington federal magistrate judge largely rejected efforts by a defendant to undo a December jury verdict of trade dress infringement, denying a request for a new trial but conditioning that denial upon a plaintiff's acceptance of a remittitur that would reduce...

Mealey's IP/Tech - Patent Board Sides With Petitioner, Cancels Claims Of Method Patent

ALEXANDRIA, Va. - In a final written decision issued Feb. 13, the Patent Trial and Appeal Board deemed 17 claims of a patented method for making wireless payments unpatentable as obvious and anticipated pursuant to Sections 102 and 103 of the Patent Act, 35 U.S.C. 102, 103(a) (Askeladden LLC v. Purple...

Mealey's IP/Tech - Composer's Assignee Tells 2nd Circuit Italian Film Scores Were Not Works For Hire

NEW YORK - Arguing about differences in Italian and U.S. copyright law, a composer's copyright assignee tells the Second Circuit U.S. Court of Appeals in a Feb. 14 brief that a trial court incorrectly concluded that film scores written on commission in Italy are equivalent to works for hire in the...

Mealey's IP/Tech - Disputed Claim Construed By Federal Circuit; Validity Of Patent Confirmed

WASHINGTON, D.C. - In a Feb. 16 holding, the Federal Circuit U.S. Court of Appeals found that although the Patent Trial and Appeal Board erred in omitting the word "average" from its claim construction of a disputed limitation, the board nonetheless correctly deemed three patents nonobvious...

Mealey's IP/Tech - Federal Circuit Sides With Coca-Cola, Deems Claims Patent-Ineligible

WASHINGTON, D.C. - In a Feb. 16 ruling, four patents directed to a specialized radio frequency identification (RFID) were confirmed by the Federal Circuit U.S. Court of Appeals as unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (Automated Tracking Solutions LLC v. The Coca-Cola...

Mealey's IP/Tech - Divided 2nd Circuit: Assignment Did Not Confer Standing In Copyright Case

NEW YORK - Allegations that John Wiley & Sons Inc. exceeded the terms of its license to use certain photographs in textbooks and other educational materials were properly rejected on summary judgment because the plaintiff in the action - a purported assignee of the photographers' rights to sue...

Mealey's IP/Tech - Apple Again Seeks Inter Partes Review By Board Of Uniloc VoIP Patent

ALEXANDRIA, Va. - In two petitions for inter partes review (IPR) filed Feb. 15, Apple Inc. asserts that various claims of a voiceover internet protocol (VoIP) patent are obvious under Section 103(a) of the Patent Act, 35 U.S.C. 103(a), one year after the Patent Trial and Appeal Board denied without prejudice...

Mealey's IP/Tech - Judge Refuses To Dismiss Support Wear Maker's UCL, Infringement Claims

SAN FRANCISCO - A California federal judge on Feb. 15 denied a maternity wear company's motion for judgment on the pleadings, finding that it would be premature to dismiss another company's claims for trademark infringement and that its claim for violation of California's unfair competition...

Mealey's IP/Tech - In Upholding Patent Board, Federal Circuit Sides With Google, Motorola

WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board (PTAB) that canceled all 79 patent claims as obvious was affirmed Feb. 20 by the Federal Circuit U.S. Court of Appeals, marking a win for Google LLC and Motorola Mobility LLC (Arendi S.A.R.L. v. Google LLC, et al., No. 16...

Mealey's IP/Tech - Unfair Competition Claim Over Google AdWords Program Again Dismissed

SAN JOSE, Calif. - A small business owner who sued Google LLC over alleged misrepresentations about click fraud in its AdWords program, saw his claims of false advertising and unfair competition dismissed a second time Feb. 20, with a California federal judge finding that the plaintiff failed to plead...

Mealey's IP/Tech - California Federal Judge Deems 'Major University' Claim False, Material

SAN DIEGO - A supplement maker's claim that clinical study results on Lipozene were derived from a "major university study" were false, according to a Feb. 21 ruling by a California federal judge, because the study was not affiliated with a university (Obesity Research Institute LLC v....

Mealey's IP/Tech - Federal Circuit Rebuffs Google's Appeal Of Adverse Inter Partes Reviews

WASHINGTON, D.C. - Efforts by Google Inc. to cancel myriad claims of two data-monitoring patents continue to be unsuccessful, with the Federal Circuit U.S. Court of Appeals on Feb. 22 rejecting the software giant's appeal of a finding by the Patent Trial and Appeal Board that the claims are patentable...

Mealey's IP/Tech - New York Federal Judge Denies Attorney Fee Award In Copyright Case

NEW YORK - A voluntary dismissal by a copyright infringement plaintiff two months after filing suit did not render a defendant in the action a prevailing party, a New York federal judge ruled Feb. 22 (Matthew McDermott v. Monday Monday LLC, No. 17-9230, S.D. N.Y., 2018 U.S. Dist. LEXIS 28664).

Mealey's IP/Tech - Restaurant 'Adequately Alleges' Infringement Threat In Franchise Case, Judge Says

SAN JOSE, Calif. - A federal judge in California on Feb. 20 denied a motion to dismiss a franchise dispute involving two restaurants because the plaintiffs' amended complaint "adequately alleges" a threat of imminent use of a trademark that would constitute infringement (Jgx Inc. v. Jon...

Mealey's IP/Tech - Divided Federal Circuit Upholds Patent Board, Says Privity Not Established

WASHINGTON, D.C. - When asserting that an inter partes review (IPR) petition is time-barred under Section 315(b) of the America Invents Act (AIA), 35 U.S.C. 315(b), a patent owner must demonstrate that the petitioner had "sufficient control" over prior district court litigation to establish...

Mealey's IP/Tech - Illinois Federal Judge OKs Copyright Claim Against Copycat Website

CHICAGO - Allegations by the operator of a trading website that a customer opened an account solely with the intention of copying the plaintiff's business model and associated intellectual property can proceed, an Illinois federal judge ruled April 18 (TopstepTrader LLC v. OneUp Trader LLC, et al...

Mealey's IP/Tech - Supreme Court Rejects Article III Challenge Of Inter Partes Review

WASHINGTON, D.C. - A divided U.S. Supreme Court on April 24 upheld the constitutionality of the inter partes review (IPR) procedure introduced in 2012 by the Leahy-Smith America Invents Act (AIA), 35 U.S.C. 100 (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).

Mealey's IP/Tech - Inter Partes Review Must Address All Challenged Claims, High Court Says

WASHINGTON, D.C. - Upon institution of inter partes review (IPR), the Patent Trial and Appeal Board must decide the validity of all patent claims challenged in the underlying petition, a divided U.S. Supreme Court ruled April 24 (SAS Institute Inc. v. Andrei Iancu, Director, U.S. Patent and Trademark...

Mealey's IP/Tech - Supreme Court Seeks Government Views On Apportioned Patent Damages

WASHINGTON, D.C. - In its April 23 orders list, the U.S. Supreme Court invited the views of the solicitor general in a case that presents the question of whether proof of "but-for" causation, without more, satisfies the principle that patent damages be apportioned between patented and unpatented...

Mealey's IP/Tech - Computer Fraud Defendant Defends Bail Motion To Pursue Appeal Of Sentence

SAN FRANCISCO - A man who was convicted of computer fraud and trade secret theft against his former employer filed a brief in the Ninth Circuit U.S. Court of Appeals in support of his emergency motion for release from custody to pursue an appeal of a trial court's denial of his motion for a writ...

Mealey's IP/Tech - Citing Litigation, Business Misconduct, Federal Circuit Agrees: Patent Claims Barred

WASHINGTON, D.C. - A California federal judge's conclusion, following a bench trial, that business and litigation misconduct bars Merck & Co. from enforcing two patents against Gilead Sciences Inc. was not clearly erroneous, the Federal Circuit U.S. Court of Appeals ruled April 25 (Gilead Sciences...

Mealey's IP/Tech - Wal-Mart Prevails; Award Vacated In Dispute Over 'Backyard' Trademark

RICHMOND, Va. - A North Carolina federal judge's summary judgment that Walmart Stores Inc. infringed Variety Stores Inc.'s "The Backyard" trademark was premised on an erroneous finding of likely confusion, the Fourth Circuit U.S. Court of Appeals ruled April 24, vacating a subsequent...

Mealey's IP/Tech - 9th Circuit: Monkey, Other Animals Cannot Sue For Copyright Infringement

SAN FRANCISCO - Although finding that a monkey possesses jurisdictional standing under Article III of the U.S. Constitution, the Ninth Circuit U.S. Court of Appeals on April 23 upheld a California federal judge's dismissal of the monkey's copyright claims, citing a lack of statutory standing...

Mealey's IP/Tech - Federal Circuit Affirms: Vote Verifying Patent Covers Abstract Idea

WASHINGTON, D.C. - A Florida federal judge's dismissal of patent infringement allegations levied against a maker of automated voting systems was upheld April 20 by the Federal Circuit U.S. Court of Appeals (Voter Verified Inc. v. Election Systems & Software LLC, No. 17-1930, Fed. Cir., 2018 U...