LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Reverses, Remands Invalidity Holding In NuvaRing Patent Case

WASHINGTON, D.C. - A Delaware federal judge's determination that two claims of a patented contraceptive device was erroneous because a person of ordinary skill would not have known to modify prior art to arrive at the claimed invention, the Federal Circuit U.S. Court of Appeals ruled Oct. 19 (Merck...

Mealey's IP/Tech - Company Awarded More Than $6.8M In Damages In Trade Secrets Lawsuit

LOS ANGELES - A defendant in a misappropriation of trade secrets and copyright infringement lawsuit will pay more than $6.8 million in damages on claims that he used his former employer's trade secrets to develop a competing 3-D imaging device for the dental industry, a federal judge in California...

Mealey's IP/Tech - 6th Circuit Reverses Res Judicata Holding In Trademark Dispute

CINCINNATI - A rejection on summary judgment of a complaint seeking a declaration of trademark invalidity was reversed Oct. 23 by the Sixth Circuit U.S. Court of Appeals, which rejected findings by a Michigan federal judge that the dispute is barred by the doctrine of res judicata (AuSable River Trading...

Mealey's IP/Tech - Federal Circuit Affirms Patent Board Obviousness, Anticipation Findings

WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that 20 claims of a software registration system patent are anticipated and rendered obvious by prior art was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Oct. 23 (Uniloc USA Inc., et al. v. Sega of America...

Mealey's IP/Tech - Federal Circuit Affirms: Claims Covering Invanz Antibiotic Are Invalid

WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Oct. 26 upheld a Delaware federal judge's determination that 14 claims of a patented antibiotic are invalid, but a dissenting judge argued that the Federal Circuit has led district courts "into error" by issuing "inconsistent...

Mealey's IP/Tech - 10th Circuit: Refusal To Allow Amended Copyright Claim Not Erroneous

DENVER - A Utah federal judge's decision to deny The SCO Group Inc. leave to amend its tortious interference complaint against International Business Machines Corp. (IBM) to add a new claim for copyright infringement was affirmed Oct. 30 by the 10th Circuit U.S. Court of Appeals (The SCO Group Inc...

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Rules Against Microsoft

WASHINGTON, D.C. - Findings by a Minnesota federal judge that five claims of two patents directed to data mining are indefinite were erroneous, the Federal Circuit U.S. Court of Appeals concluded Oct. 30 (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir., 2017 U.S. App. LEXIS 21479...

Mealey's IP/Tech - Internet Posting Bans In 'Comic-Con' Trademark Suit Vacated As Prior Restraint

SAN DIEGO - A California federal judge on Oct. 30 vacated previous protective orders preventing the defendant in a dispute over the "Comic-Con" trademark from posting online about the litigation, issuing the order in compliance with a Ninth Circuit U.S. Court of Appeals ruling that deemed the...

Mealey's IP/Tech - Dismissal Of Copyright Claims Upheld By 9th Circuit On Jurisdiction Grounds

SAN FRANCISCO - Although a United Kingdom limited company intentionally copied a competitor's logos for reproduction on its newsletters, the intentionally infringing acts were not expressly aimed at the state of California, the Ninth Circuit U.S. Court of Appeals ruled Nov. 1, affirming dismissal...

Mealey's IP/Tech - Federal Circuit Affirms: Data Streaming Patents Ineligible For Protection

WASHINGTON, D.C. - A Delaware federal judge did not err in deeming a series of patents stemming from continuation applications ineligible for protection under Section 101 of the Patent Act, 35 U.S.C. 101, because the patents claim the abstract idea of sending and monitoring the delivery of audio/visual...

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Suit Over Weight Watchers Site 'Glitches'

NEW YORK - In a Nov. 2 summary order, a Second Circuit U.S. Court of Appeals panel found that a breach of contract claim over problems with the website and app of Weight Watchers International Inc. failed because the site was offered on an "as is" basis, affirming a trial court's dismissal...

Mealey's IP/Tech - 2nd Circuit Affirms: Claimed Trade Dress Is Functional, Unprotectable

NEW YORK - A New York federal judge did not err in determining, following a bench trial, that a declaratory judgment plaintiff's bag closure products do not infringe or dilute a competitor's trade dress, the Second Circuit U.S. Court of Appeals concluded Nov. 2 (Schutte Bagclosures Inc. and Schutte...

Mealey's IP/Tech - Patent Board Finding Of Obviousness Partly Reversed By Federal Circuit

WASHINGTON, D.C. - Several claims of a USB rotary cover patent were erroneously deemed unpatentable as obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled Nov. 6 in a partial reversal (Pavo Solutions LLC v. Kingston Technology Co. Inc., No. 16-2209, Fed. Cir...

Mealey's IP/Tech - Federal Circuit Affirms: Patent Properly Deemed Ineligible By Pennsylvania Judge

WASHINGTON, D.C. - Allegations of infringement were properly dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6), because the patent in suit claims ineligible subject matter, the Federal Circuit U.S. Court of Appeals affirmed Nov. 3 (Intellectual Ventures I LLC v...

Mealey's IP/Tech - Judge Halts Enforcement Of Canadian High Court's Global Injunction Against Google

SAN JOSE, Calif. - On Nov. 2, a California federal judge granted preliminary injunctive relief to stop domestic enforcement of a Canadian Supreme Court requiring Google LLC to remove listings for a trade secret infringing firm from all of its websites globally, with the judge finding that the "order...

Mealey's IP/Tech - Copyright Infringement, Trade Secrets Claims Dismissed In Misappropriation Suit

TRENTON, N.J. - An engineering firm in a misappropriation of trade secrets lawsuit has failed to show that it had a valid copyright registration or had applied for a copyright it alleges two former employees misappropriated after becoming employed by the firm's competitor, a federal judge in New...

Mealey's IP/Tech - 2nd Circuit Affirms Rejection Of DMCA Claim, Denial Of Attorney Fees

NEW YORK - A New York federal judge did not err in rejecting allegations that a licensee violated the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 1201(a), when it modified security measures to prevent two software programs from self-enforcing certain licensing restrictions because the plaintiffs...

Mealey's IP/Tech - Federal Circuit: Fees Due On Trade Dress Claims, Not Copyright, Patent Claims

WASHINGTON, D.C. - A Texas federal judge's denial of a motion to dismiss a declaratory judgment action relating to patent, copyright and trade dress protection for fiberglass utility bodies for use with trucks was affirmed Nov. 7 by the Federal Circuit U.S. Court of Appeals, which agreed that an...

Mealey's IP/Tech - Federal Circuit Affirms: Biologics For Neutropenia Treatment Do Not Infringe

WASHINGTON, D.C. - A Florida federal judge did not err in rejecting allegations by Amgen Inc. and Amgen Manufacturing Limited (Amgen, collectively) that proposed biosimilar versions of two Amgen pegfilgrastim and filgastim products would infringe a patented method of refolding recombinant proteins expressed...

Mealey's IP/Tech - 4th Circuit Affirms: Computer Fraud Claims Preempted By Copyright Act

RICHMOND, Va. - Allegations that the creator of a cloud computing environment committed computer fraud when it copied and transferred data to former employees of a company it once contracted with are preempted by the Copyright Act, the Fourth Circuit U.S. Court of Appeals ruled Nov. 13 (OpenRisk LLC...

Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Affirms Noninfringement Judgment

WASHINGTON, D.C. - In a reversal of its previous findings, the Federal Circuit U.S. Court of Appeals on Nov. 13 upheld a Wisconsin federal judge's decision to deny a new trial on damages and infringement of various genetic testing kit patents (Promega Corporation v. Life Technologies Corp., No. 13...

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

NEW ORLEANS - An allegation of unfair competition by misappropriation under Texas law was properly rejected by a Texas federal judge on the basis of federal preemption under the Copyright Act, 17 U.S.C. 101 et seq., and Patent Act, 35 U.S.C. 1 et seq., the Fifth Circuit U.S. Court of Appeals ruled Nov...

Mealey's IP/Tech - Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits

HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits...

Mealey's IP/Tech - TC Heartland Represents Change Of Law, Federal Circuit Concludes

WASHINGTON, D.C. - In granting a petition for mandamus by Micron Technology Inc. on Nov. 14, the Federal Circuit U.S. Court of Appeals resolved lingering uncertainty following the May 2017 U.S. Supreme Court ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, deeming the case an intervening change...

Mealey's IP/Tech - Refusal To Register 'Sensi' Trademark Upheld By Federal Circuit

WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board that the "Sensi" trademark in Class 5 of the Trademark Classifications for Goods and Services for diapers would likely cause confusion with two previously registered marks for "Sensi-Care" for use in connection with...