CHICAGO - The Coca-Cola Co. properly won summary judgment on allegations that it infringed the "Naturally Zero" trademark when using "Zero" in connection with various diet soft drinks, the Seventh Circuit U.S. Court of Appeals ruled April 16 (Mirza N. Baig v. The Coca-Cola Co., No. 14-3328, 7th Cir.).
WASHINGTON, D.C. - A trademark examiner and the Trademark Trial and Appeal Board properly rejected an application for "Nopalea" for nutritional supplements containing nopal juice on grounds that the mark is descriptive, the Federal Circuit U.S. Court of Appeals ruled April 17 (In re: TriVita Inc., No. 14-1383, Fed. Cir.; 2015 U.S. App. LEXIS 6301).
WASHINGTON, D.C. - A petition for certiorari in a case that questioned the Federal Circuit U.S. Court of Appeals' standard for review of district court claim construction findings was granted April 20 by the U.S. Supreme Court, for the limited purpose of vacating and remanding in light of Teva Pharmaceuticals USA Inc. v. Sandoz Inc. (574 U.S. __ ) (CSR PLC, et al. v. Azure Networks LLC and Tri-County Excelsior Foundation, No. 14-976, U.S. Sup.).
PHILADELPHIA - A district court erred when it found that proposed classes in a putative class action accusing a retailer of improperly spying on its customers via spyware were not ascertainable, a Third Circuit U.S. Court of Appeals panel ruled April 16 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 14-3050, 3rd Cir.; 2015 U.S. App. LEXIS 6190).
AKRON, Ohio - Allegations that a trademark infringement and dilution lawsuit is barred by the doctrine of res judicata were rejected April 16 by an Ohio federal judge (TSDC LLC v. Antoinette Galvan and Gloria Galvan, No. 14-2699, N.D. Ohio; 2015 U.S. Dist. LEXIS 50348).
DETROIT - A defendant's motion to compel a trademark infringement plaintiff to produce sealed documents from related litigation against nonparty NVE Inc. was granted April 15 by a Michigan federal judge (International IP Holdings LLC v. Green Planet Inc., No. 13-13988, E.D. Mich.; 2015 U.S. Dist. LEXIS 49363).
WASHINGTON, D.C. - A Texas federal judge properly deemed a patented polyethylene-based composition for the use of forming shaped products anticipated, the Federal Circuit U.S. Court of Appeals ruled April 16 (Ineos USA LLC v. Berry Plastic Corporation, No. 14-1540, Fed. Cir.).
WASHINGTON, D.C. - A plaintiff won a judgment on the pleadings April 15 from a Delaware federal judge that two method patents relating to a two-way system of communication between a mobile device and a computer are not invalid (Messaging Gateway Solutions LLC v. Amdocs Inc., et al., No. 14-733, D. Del.).
LOS ANGELES - Lions Gate Entertainment Inc., the movie studio behind the hit horror film "Cabin in the Woods," was accused of copyright infringement on April 13 in California federal court (Peter Gallagher v. Lions Gate Entertainment Inc. et al., No. 15-2739, C.D. Calif.).
SAN JOSE, Calif. - Finding that LinkedIn Corp. does not qualify as a consumer reporting agency and that its "Reference Report[s]" do not constitute consumer reports, a California federal judge on April 14 granted the professional network provider's motion to dismiss a putative class action against it brought under the Fair Credit Reporting Act (FCRA) (Tracee Sweet, et al. v. LinkedIn Corp., No. 5:14-cv-04531, N.D. Calif.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 14 announced that it will rehear en banc a dispute over the validity of a program for restricted sales of patented printer cartridges (Lexmark International Inc. v. Impression Products Inc., Nos. 14-1617, -1619, Fed. Cir.; 2015 U.S. App. LEXIS 6049).
SANTA ANA, Calif. - A federal judge in California on April 9 dismissed a state unfair competition law claim (UCL) from a dispute over a defect in a portable navigation device but allowed claims for breach of express warranty and breach of implied warranty to continue (TomTom International v. Broadcom Corp., No. 14-475, C.D. Calif.; 2015 U.S. Dist. LEXIS 47583).
WASHINGTON, D.C. - Allegations that a defendant committed fraud upon the U.S. Copyright Office cannot proceed on grounds of lacking personal jurisdiction, a District of Columbia federal judge ruled April 10 (App Dynamic ehf v. Erling Ormar Vignisson, No. 14-1504, D. D.C.; 2015 U.S. Dist. LEXIS 46953).
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in deeming certain claims of an auto-lock brake patent invalid as obvious or anticipated, the Federal Circuit U.S. Court of Appeals ruled April 13 (In re: 55 Brake LLC, No. 14-1554, Fed. Cir.).
OAKLAND, Calif. - A company that provides online listings to real estate agents failed to plead the existence of any protectable trade secrets, a California federal judge ruled April 13, mostly dismissing its complaint against leading online real estate marketplace Zillow Inc. (Top Agent Network Inc. v. Zillow Inc., No. 4:14-cv-04769, N.D. Calif.).
WASHINGTON, D.C. - A California federal judge erroneously denied Vizio Inc. an award of attorney and expert witness fees under 35 U.S. Code Section 285 and 28 U.S. Code Section 1927, the Federal Circuit U.S. Court of Appeals ruled April 10 (Oplus Technology Ltd. v. Vizio Inc., No. 14-1297, Fed. Cir.; 2015 U.S. App. LEXIS 5800).
CENTRAL ISLIP. N.Y. - A New York federal judge on April 8 denied a series of motions to exclude expert testimony brought by both parties in a patent suit related to application performance monitoring (APM) software, finding that neither side sufficiently challenged the qualifications or methodologies of its opponent's experts (CA Inc. v. AppDynamics Inc., No. 2:13-cv-02111, E.D. N.Y.; 2015 U.S. Dist. LEXIS 45901).
DENVER - A Colorado federal judge found that no jurisdiction existed over an attorney named as a defendant in an Internet domain dispute, granting dismissal accordingly, while denying the other defendant's dismissal and summary judgment motions (Domain Vault LLC v. John C. Bush, et al., No. 1:14-cv-02621, D. Colo.; 2015 U.S. Dist. LEXIS 45979).
WASHINGTON, D.C. - A refusal by the U.S. Patent and Trademark Office to cancel inter partes re-examination proceedings in light of a consent judgment that extinguished patent infringement litigation is not an appealable "final agency action" under the Administrative Procedure Act (APA), the Federal Circuit U.S. Court of Appeals held April 10 (Automated Merchandising Systems Inc. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 14-1728, Fed. Cir.).
SAN FRANCISCO - Allegations that the American Petroleum Institute (API) violated the Lanham Act when adopting "choose energy" as its slogan leading up to the November 2014 general election were rejected April 8 by a California federal magistrate judge (Choose Energy Inc. v. American Petroleum Institute, No. 14-4557, N.D. Calif.; 2015 U.S. Dist. LEXIS 46714).
WASHINGTON, D.C. - A New Jersey federal judge properly rejected claims that a patented method of treating eye infections by the topical administration of azithromycin would have been obvious to one of ordinary skill in the art, the Federal Circuit U.S. Court of Appeals ruled April 9 (Insite Vision Inc., et al. v. Sandoz Inc., No. 14-1065, Fed. Cir.; 2015 U.S. App. LEXIS 5717).
WASHINGTON, D.C. - In what it said was its "largest privacy and data security enforcement action to date," the Federal Communications Commission on April 8 announced a $25 million settlement with AT&T Services Inc. related to data breaches that occurred in three of the telecommunication carrier's offshore call centers, exposing the customer proprietary network information (CPNI) of around 280,000 U.S. customers (In the Matter of AT&T Services Inc., No. EB-TCD-14-00016243, FCC).
BIRMINGHAM, Ala. - A dispute over the "Portarrest" trademark will proceed in Alabama federal court, thanks to an April 7 ruling by a federal judge (Engineered Arresting Systems Corporation v. Atech Inc. et al., No. 14-518, N.D. Ala.; 2015 U.S. Dist. LEXIS 44999).
LOUISVILLE, Ky. - A request for dismissal of trademark infringement claims was denied April 7 by a Kentucky federal judge, who rejected allegations that jurisdiction is lacking (American Air Filter Company Inc. v. Universal Air Products LLC, No. 14-665, W.D. Ky.; 2015 U.S. Dist. LEXIS 45192).
SAN FRANCISCO - Although awarding Apple Inc. dismissal of allegations that it infringed one patent, a California federal judge on April 6 agreed to allow claims of willful infringement by the software giant to proceed with regard to four others (OpenTV Inc. v. Apple Inc., No. 14-1622, N.D. Calif.; 2015 U.S. Dist. LEXIS 44856).