TRENTON - An insurer's reformation of two of a condominium association insured's four Standard Flood Insurance Policies (SFIPs) was mandated by federal law, a New Jersey federal judge ruled Dec. 4, dismissing with prejudice the insured's breach of contract claim based on those two policies (The Residences at Bay Point Condominium Association Inc. v. The Standard Fire Insurance Company, et al., No. 13-02380 (FLW)(LHG), D. N.J.; 2013 U.S. Dist. LEXIS 170811).
SAN DIEGO - In a pair of Dec. 4 rulings, a California federal judge dismissed all of an Internet-based automotive parts retailer's trademark infringement claims against search engine provider Google Inc. as barred by laches and precluded by the Communications Decency Act (CDA) while permitting a federal infringement claim against rival search engine provider Yahoo! Inc. to proceed (Parts.com LLC v. Google Inc., No. 3:13-cv-01074, and Parts.com LLC v. Yahoo! Inc., No. 3:13-cv-01078, S.D. Calif.).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 9 vacated a judgment by the U.S. District Court for the Eastern District of Texas that denied transfer of a patent dispute to New York federal court (Broadcom Inc. v. U.S. District Court for the Eastern District of Texas, et al., No, 12-1475, U.S. Sup.).
CHICAGO - A mixed verdict in a copyright and trademark infringement case that "reflected a great deal of care and discernment" should stand, an Illinois federal judge ruled Dec. 5 (Games Workshop Ltd. v. Chapterhouse Studios LLC, No. 10-8103, N.D. Ill.).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 6 said it will review a patent case that resulted in a deeply divided decision by the Federal Circuit U.S. Court of Appeals that included six separate opinions and "additional reflections" on what constitutes patent-eligible subject matter in computer-implemented inventions (Alice Corporation Pty. Ltd. v. CLS Bank International and CLS Services Ltd., No. 13-298, U.S. Sup.).
TYLER, Texas - A Texas federal judge on Dec. 3 granted in part a request by two defendants to strike three sets of infringement contentions contained within an amended patent complaint (UltimatePointer LLC v. Nintendo Co. Ltd. et al, No. 11-496, E.D. Texas.).
MIAMI - Luxury goods manufacturer Louis Vuitton Malletier S.A. sufficiently established that a Brooklyn, N.Y., man operated two websites selling counterfeit goods and that he was subject to jurisdiction in Florida, an 11th Circuit U.S. Court of Appeals panel found Dec. 2, denying the man's motion to vacate a default judgment against him for lack of jurisdiction (Louis Vuitton Malletier S.A. v. Joseph Mosseri, No. 12-12501, 11th Cir.; 2013 U.S. App. LEXIS 23932).
WASHINGTON, D.C. - In its Dec. 2 order list, the U.S. Supreme Court denied without comment two major online retailers' petitions for certiorari challenging New York's "Internet tax law," which was found to be constitutional on its face by the New York State Court of Appeals (Overstock.com Inc. v. New York State Department of Taxation and Finance, et al., No. 13-252, and Amazon.com LLC, et al. v. New York State Department of Taxation and Finance, et al., No. 13-259, U.S. Sup.).
SAN FRANCISCO - A California federal judge properly held that the Anticybersquatting Consumer Protection Act (ACPA) does not provide a cause of action for contributory cybersquatting, the Ninth Circuit U.S. Court of Appeals affirmed Dec. 4 (Petronas Nasional Berhad v. GoDaddy.com Inc., No. 12-15584, 9th Cir.).
PHILADELPHIA - A Delaware federal judge did not err in finding that three defendants acted in bad faith when they adopted the www.theaffordablehouse.com domain, the Third Circuit U.S. Court of Appeals ruled Dec. 3 (David John Carnivale v. Staub Design LLC et al., No. 13-1354, 3rd Cir.).
WASHINGTON, D.C. - A California federal judge properly dismissed a declaratory judgment patent action, the Federal Circuit U.S. Court of Appeals ruled Dec. 3 in a dispute over software patents (Huawei Device USA Inc. v. Acacia Research Corp., Access Co. Ltd. and SmartPhone Technologies LLC, No. 13-1090, Fed. Cir.).
OAKLAND, Calif. - For the second time, a California federal judge on Dec. 2 dismissed a putative antitrust class action against Apple Inc., finding that the plaintiff consumers failed to establish standing as direct purchasers to assert antitrust violations related to Apple's sale of iPhone applications (apps) (In re Apple iPhone Antitrust Litigation, No.4:11-cv-06714, N.D. Calif.; 2013 U.S. Dist. LEXIS 169836).
SAN FRANCISCO - Although upholding a federal judge's finding that two defendants failed to meet their burden of proving trademark abandonment, the Ninth Circuit U.S. Court of Appeals on Dec. 2 nonetheless reversed a preliminary injunction barring those defendants from using "The Platters" trademark (Herb Reed Enterprises LLC v. Florida Entertainment Management Inc., No. 12-16868, 9th Cir.).
WASHINGTON, D.C. - The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme Court on Dec. 3 (Lexmark International Inc. v. Static Control Components Inc., No. 12-873, U.S. Sup.).
TRENTON, N.J. - A New Jersey appellate panel on Nov. 26 rejected two parolees' facial challenge to a state law under which they were restricted from certain Internet use after serving their respective prison terms, finding that the restrictions were "reasonably crafted," and permitted the parolees to administratively appeal particular details of the restrictions (J.B., et al. v. New Jersey State Parole Board, No. A-5435-10T2, A-1459-11T2, A-2138-11T3, A-2448-11T2 and A-3256-11T2, N.J. Sup., App. Div.; 2013 N.J. Super. LEXIS 172).
BOSTON - Allegations by a screenwriter that Warner Brothers Entertainment Inc. and Langley Park Pictures (Warner Brothers, collectively) will infringe his copyright were rejected Nov. 29 by a Massachusetts federal judge (Michael P. Kenney v. Warner Brothers Entertainment Inc., et al., No. 13-11068, D. Mass.).
SAN JOSE, Calif. - The named plaintiffs in a putative class action against Apple Inc. failed to establish their standing under Article III of the U.S. Constitution or two California statutes, a California federal judge found Nov. 25, disposing of their claims related to Apple's purported collection of users' personal data via applications (apps) for its iPhones and other "iDevices" (In Re iPhone Application Litigation, No. 5:11-md-02250, N.D. Calif.).
NEW ORLEANS - A Texas federal judge did not err in refusing to remand a dispute over property seized by U.S. marshals as a judgment for copyright and trademark infringement, the Fifth Circuit U.S. Court of Appeals ruled Nov. 27 (Sean Ortega v. Young Again Products Inc., et al., No. 12-20592, 5th Cir.).
NEW YORK - A New York federal judge did not err in holding two defendants liable for willful copyright infringement or in awarding a prevailing plaintiff $40,000 in damages, the Second Circuit U.S. Court of Appeals ruled Nov. 26 (L.A. Printex Industries Inc. v. Pretty Girl of California Inc. et al., No. 12-3344, 2nd Cir.).
WILMINGTON, Del. - Over the objections of American Telephone and Telegraph Co. (AT&T), a Delaware federal judge on Nov. 22 granted a patent infringement plaintiff leave to amend pleadings (John R. Gammino v. American Telephone and Telegraph Company, et al., No. 12-666, D. Del.).
WASHINGTON, D.C. - In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on Nov. 25 partly reversed a judgment of noninfringement in a dispute over a billing system patent (Centillion Data Systems v. Qwest Communications International Inc., No. 13-1084, Fed. Cir.).
CLEVELAND - Although denying dismissal, an Ohio federal judge on Nov. 22 nonetheless agreed to transfer patent litigation to the U.S. District Court for the Southern District of Florida (Canplas Industries Ltd. v. InterVac Design Corporation, No. 13-1565, N.D. Ohio).
SAN FRANCISCO - A California federal judge did not err in upholding a jury's finding that a defendant is entitled to priority as the first to use the "Hana" trademark, the Ninth Circuit U.S. Court of Appeals ruled Nov. 22 (Hana Financial Inc. v. Hana Bank, No. 11-56678, 9th Cir.).
WASHINGTON, D.C. - Although a California federal judge properly entered judgment that a tobacco pipe patent is valid and infringed, he erred in finding that two defendants' infringement of the patent was willful, according to a Nov. 21 ruling by the Federal Circuit U.S. Court of Appeals (Jake Lee v. Mike's Novelties Inc., d/b/a Mike's Worldwide Imports, et al., No. 13-1049, Fed. Cir.).
SAN FRANCISCO - In its third day of deliberations, a California federal jury on Nov. 21 awarded Apple Inc. damages of $290,456,793 for Samsung Electronics Co. Ltd.'s infringement of several smart phone patents (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.).