ROCHESTER, N.Y. - Stating that "$(a$) trademark owner cannot reasonably expect to have exclusive use of a term on the Internet," a New York federal judge on Aug. 7 dismissed a chiropractor's trademark infringement claim against a competitor related to its use of the mark "HealthSource" on the Internet (Donald R. Dudley D.C. d/b/a HealthSource Chiropractic v. HealthSource Chiropractic Inc., et al., No. 6:07-cv-06631, W.D. N.Y.; 2012 U.S. Dist. LEXIS 110861).
SAN FRANCISCO - A $147.2 million damage award for patent infringement rendered in July by a California federal jury was tossed Aug. 8 "as against the clear weight of the evidence" (Mformation Techs Inc. v. Research in Motion Ltd., No. 08-4990, N.D. Calif.).
RICHMOND, Va. - A putative synthetic marijuana product marketed as "Newprot" infringes on the manufacturer of Newport brand menthol cigarettes, a Virginia federal judge said Aug. 7 in an opinion that awarded the tobacco company attorney fees (Lorillard Tobacco Company, et al. v. California Imports, LLC, et al., No. 3:10cv817-JAG, E.D. Va., Richmond Div.; 2012 U.S. Dist. LEXIS 110871)
WASHINGTON, D.C. - Less than one month after a three-member panel of the Federal Circuit U.S. Court of Appeals held oral arguments in a dispute over patented windshield wiper technology, the full court announced Aug. 7 that it would hear the case en banc (Robert Bosch LLC v. Pylon Manufacturing Corp., Nos. 11-1363, 1364, Fed. Cir.).
NEW ORLEANS - Despite finding that a Texas federal judge "possibly contradicted" himself in concluding that a copyright infringement plaintiff granted a defendant an oral license to use his photographs, the error was harmless, the Fifth Circuit U.S. Court of Appeals ruled Aug. 8 (Dell Cullum v. Diamond A. Hunting Inc., No. 11-50044, 5th Cir.).
CEDAR RAPIDS, Iowa - Although an Iowa federal judge on Aug. 7 found that the European-based defendants in a copyright dispute did not have sufficient contacts with Iowa to permit jurisdiction under the state's long-arm statute, he permitted discovery to determine whether jurisdiction can be established under the federal long-arm statute (Fraserside IP LLP v. Sergej Letyagin, et al., No. 3:11-cv-03041, N.D. Iowa; 2012 U.S. Dist. LEXIS 109889).
WASHINGTON, D.C. - Because a Massachusetts federal judge "applied an unduly narrow interpretation" of the Hatch-Waxman Act's safe harbor provision, codified at 35 U.S.C.S. § 271 (e)(1), a divided Federal Circuit U.S. Court of Appeals on Aug. 3 vacated a preliminary injunction issued in a dispute over generic Lovenox (Momenta Pharmaceuticals Inc. and Sandoz Inc. v. Aphmastar Pharmaceuticals Inc. et al., Nos. 12-1062, 1103, 1104, Fed. Cir.).
WASHINGTON, D.C. - Certain patent infringement allegations levied by a plaintiff were not so frivolous as to warrant an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Highmark Inc. v. Allcare Health Management Systems Inc., No. 11-1219, Fed. Cir.).
OAKLAND, Calif. - Four months after software giant Oracle USA Inc. stated that it would seek close to $800 million in a retrial of its copyright infringement claims against rival SAP AG, a California federal judge on Aug. 3 issued an amended judgment approving the parties' decision to settle the long-running lawsuit for $426 million (Oracle USA Inc., et al. v. SAP AG, et al., No. 07-1658, N.D. Calif.). View related prior history, 2012 U.S. Dist. LEXIS 107147.
WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences affirming a patent examiner's rejection of two applications for "new and distinct" oak trees was proper, the Federal Circuit U.S. Court of Appeals ruled Aug. 6 (In re: Walter F. Beineke, Nos. 11-1459, 1460, Fed. Cir.).
WASHINGTON, D.C. - Finding no error in a determination by the Trademark Trial and Appeal Board (TTAB) that a trademark registrant's software is "merely incidental" to its retail business and cannot be considered a "good in trade," the Federal Circuit U.S. Court of Appeals on Aug. 3 affirmed cancellation of the disputed mark (Lens.com Inc. v. 1-800 Contacts Inc., No. 11-1258, Fed. Cir.).
ALEXANDRIA, Va. - The purported owners of two domains identified in an in rem trademark and cybersquatting complaint saw their affirmative defenses tossed by a Virginia federal judge on Aug. 3 for failure to first file a statement of interest related to the domains at issue (Bright Imperial Ltd. v. RT Media Solutions, S.R.O., et al., No. 1:11-cv-00935, E.D. Va.).
NEW YORK - A Massachusetts federal judge properly granted summary judgment on behalf of a monastery that had alleged copyright infringement by the archbishop of Denver in connection with its translation of seven ancient Greek religious texts, the First Circuit U.S. Court of Appeals held Aug. 2 (Society of the Holy Transfiguration Monastery Inc. v. Archbishop Gregory of Denver, Colo., No. 11-1262, 1st Cir.; 2012 U.S. App. LEXIS 16025).
CHICAGO - An Illinois federal judge erroneously enjoined a social bookmarking website from posting thumbnail images and links to certain copyrighted videos on grounds that the practice constitutes contributory copyright infringement, the Seventh Circuit U.S. Court of Appeals ruled Aug. 2 (Flava Works Inc. v. Marques Rondale Gunter d/b/a MyVidster.com, No. 11-3190, 7th Cir.; 2012 U.S. App. LEXIS 15977).
LAS VEGAS - An Internet site accused of copyright infringement of "adult-themed" videos must disclose to a Las Vegas video producer the identities of six people who allegedly uploaded protected video, a Nevada federal judge ruled Aug. 1 (Liberty Media Holdings, LLC v. Sergej Letyagin, d/b/a SunPorno.com, et al., No. 2:12-cv-00923-LRH-GWF, D. Nev.; 2012 U.S. Dist. LEXIS 107184).
WASHINGTON, D.C. - Citing an erroneous construction of the disputed claim term "code," a divided Federal Circuit U.S. Court of Appeals on Aug. 1 reversed an International Trade Commission finding of noninfringement by Nokia Inc. and Nokia Corp. (Nokia, collectively) (InterDigital Communications LLC v. International Trade Commission and Nokia Inc. and Nokia Corporation, No. 10-1093, Fed. Cir.).
WASHINGTON, D.C. - A Virginia federal judge erred in construing "location facility" as a device that must be contained entirely on a single locator server computer, the Federal Circuit U.S. Court of Appeals ruled July 31 (Communique Laboratory Inc. v. LogMeIn Inc., No. 11-1403, Fed. Cir.).
LAS VEGAS - An insurance company that sued a Nevada company for unlawfully using the insurer's trademarks on a website was shielded from antitrust immunity under the Noerr-Pennington doctrine, a federal judge in Nevada ruled July 30 in the Nevada's company's lawsuit alleging that the insurer was exercising monopolistic power over the use of Internet keyword advertising (Darba Enterprises, Inc. v. Amica Mutual Insurance Company, et al., No. 2:12-cv-00043, D. Nev.; 2012 U.S. Dist. LEXIS 105468).
MIAMI - A motion to sever and transfer filed by patent infringement counterclaim defendants HTC Corp., HTC America Inc., One & Company Design Inc. and HTC America Innovation Inc. (HTC, collectively) was granted July 31 by a Florida federal judge, who relied on the recently enacted America Invents Act (AIA) in support of his ruling (Apple Inc. v. Motorola Mobility Inc. et al., No. 12-20271, S.D. Fla.; Apple Inc. v. Motorola Mobility Inc. et al., No. 10-23580, S.D. Fla.; 2012 U.S. Dist. LEXIS 106398).
SAN FRANCISCO - A July 25 ruling by a California federal magistrate judge that patent plaintiff Apple Inc. is entitled to an adverse inference jury instruction based on Samsung Electronics Co. Ltd.'s deletion of emails was proper, Apple argued July 31 (Apple Inc. v. Samsung Electronics Co. Ltd., no. 11-1846, N.D. Calif.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of Eastman Kodak Co. on Aug. 1 ruled that Kodak could sell two of its patents related to digital imaging, concluding that the statute of limitations had run out on Apple Inc.'s right to assert ownership. Other patents remain disputed, but the judge said Kodak could update the record to assert its ownership rights (Eastman Kodak Company v. Apple Inc., et al. (In Re: Eastman Kodak Company), No. 12-10202, Adv. No. 12-01720, Chapter 11, S.D. N.Y. Bkcy.).
CINCINNATI - Finding that a vacation rental agent's online business with Ohio consisted of primarily short-term rentals instead of an "ongoing business relationship" with the state's residents, an Ohio federal judge on July 27 transferred a personal injury lawsuit to North Carolina, where the injury at issue occurred (Kathryn Stone v. Twiddy & Company of Duck Inc., et al., No. 1:10-cv-00591, S.D. Ohio; 2012 U.S. Dist. LEXIS 104738).
WASHINGTON, D.C. - Finding that a disputed use code "inaccurately describes" a patent as covering two approved methods of a drug that the patent "admittedly does not cover," the Federal Circuit U.S. Court of Appeals on July 30 affirmed in part an injunction ordered by a Michigan federal judge (Novo Nordisk A/S/ and Novo Nordisk Inc. v. Caraco Pharmaceuticals Laboratories Ltd. and Sun Pharmaceutical Industries Ltd., No. 10-1001, Fed. Cir.). View related prior history 2012 U.S. LEXIS 3106
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on July 26 ruled that a defamation suit against bankrupt Philadelphia Newspapers LLC was properly dismissed on the grounds that the statute of limitations had passed (In Re: Philadelphia Newspapers LLC, No. 11-3257, Chapter 11, 3rd Cir.). Subscribers may view the opinion available within the full Mealey's article.
WASHINGTON, D.C. - Finding "no indication" that a Florida federal judge's order granting sanctions in a patent case is "inextricably intertwined with or necessary" to review a decision on the merits for summary judgment in a patent case, the Federal Circuit U.S. Court of Appeals on July 26 declined an opportunity to exercise pendent jurisdiction and instead dismissed the appeal (Alexander S. Orenshteyn v. Citrix Systems Inc., No. 11-1308, Fed. Cir.).