New Jersey Judge Denies Dismissal of Trademark Claims Without Prejudice

    TRENTON, N.J. - Efforts by a trademark infringement and counterfeiting defendant to enforce an arbitration clause were unsuccessful Oct. 28, when a New Jersey federal judge found that it remains unclear whether the parties had a "meeting of the minds" on the terms of the relevant agreement (Tracy Hughes v. Patricia Lawrence Kolaras, No. 13-57, D. N.J.).

    Federal Circuit: Denial Of Fee Award In Patent Case Was Proper

    WASHINGTON, D.C. - A California federal judge did not err in upholding a jury's determination that an intervertebral implant patent is invalid, nor in denying the prevailing defendant an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Oct. 29 (Synthes USA LLC v. Spinal Kinetics Inc., No. 13-1047, Fed. Cir.).

    Settlement In Suit Over Ownership Of Virtual Land Granted Preliminary Approval

    OAKLAND, Calif. - A California federal magistrate judge on Oct. 25 granted preliminary approval of a class action settlement in a dispute filed by Internet virtual world participants over "ownership" of virtual land and items (Evans, et al. v. Linden Research, Inc., et al., No. 11-1078, N.D. Calif.; 2013 U.S. Dist. LEXIS 153725).

    Federal Judge Won't Dismiss Trade Dress Claims Against Sears

    CHICAGO - Allegations that Sears Holding Corp. infringed the "unique and inherently distinctive appearance" of Weber-Stephen Products LLC's "Genesis" grills will proceed, an Illinois federal judge ruled Oct. 25 (Weber-Stephen Products LLC v. Sears Holding Corporation, No. 13-1686, N.D. Ill.).

    Federal Judge Denies Temporary Restraining Order In Trademark Case

    LOS ANGELES - A trademark dispute between two brothers that spilled over into California court will proceed without a temporary restraining order (TRO), a federal judge ruled Oct. 28 (Brian Lichtenberg, et al. v. Alex and Chloe Inc., et al., No. 13-6837, C.D. Calif.).

    Pennsylvania Federal Judge Grants Dismissal Of Copyright Case

    PHILADELPHIA - Two defendants won dismissal of copyright infringement allegations Oct. 25, when a Pennsylvania federal judge agreed that the claim is barred by the doctrine of res judicata (Teri Woods Publishing LLC, et al. v. Urban Knowledge Bookstore LLC, et al., No. 12-4854, E.D. Pa.).

    Federal Circuit Denies Rehearing In Patent Dispute

    WASHINGTON, D.C. - A two-member majority in a June ruling concerning wireless exchange patents "created a new noninfringement defense to induced infringement that is premised on the accused infringer's belief of invalidity" to the detriment of patent law, several judges from the Federal Circuit U.S. Court of Appeals warned Oct. 25 (Commil USA Inc. v. Cisco Systems Inc., No. 12-1042, Fed. Cir.).

    Tennessee Federal Judge Denies Judgment On The Pleadings In Trade Dress Case

    NASHVILLE, Tenn. - A trade dress infringement defendant was denied judgment on the pleadings Oct. 24 by a Tennessee federal judge, who deemed the claim adequately pleaded (Kano Laboratories Inc. v. ClenAir Manufacturing Inc., No. 12-1209, M.D. Tenn.).

    Tennessee Federal Judge Grants Partial Summary Judgment In Copyright Case

    CHATTANOOGA, Tenn. - A defendant accused of infringing copyrights in several "room scene images" for use in the carpet and flooring industry won partial summary judgment Oct. 23 from a Tennessee federal judge (Virtual Studios Inc. v. Hagaman Industries Inc., No. 12-54, E.D. Tenn.).

    Magistrate Judge Won't Stay Patent Case Pending Inter Parties Review

    WILMINGTON, Del. - A dispute over a wireless location system patent will proceed, a Delaware federal magistrate judge ruled Oct. 21 (TruePosition Inc. v. Polaris Wireless Inc., No. 12-646, D. Del.).

    Credit Card Suit Against Nordstrom Can Continue, Federal Judge Rules

    SACRAMENTO, Calif. - A federal judge in California on Oct. 22 refused to dismiss a putative class action alleging that Nordstrom Inc. violated the Song-Beverly Credit Card Act of 1974 by requesting customers' email addresses to send unsolicited marketing materials, predicting that the California Supreme Court would find that an email address constitutes "personal identification information" under the statute (Robert Capp v. Nordstrom Inc., No. 13-0660, E.D. Calif.; 2013 U.S. Dist. LEXIS 151867).

    Judge: Presidential Directive Not An Agency Record, Not Subject To FOIA Request

    WASHINGTON, D.C. - A privacy public interest organization saw its claims related to certain government documents requested under the Freedom of Information Act (FOIA) mostly dismissed Oct. 21 by a District of Columbia federal judge who determined that a National Security Presidential Directive (NSPD) was not an "agency record" and, as such, not subject to public disclosure under the act (Electronic Privacy Information Center v. National Security Agency, No. 1:10-cv-00196, D. D.C.; 2013 U.S. Dist. LEXIS 150741).

    California Federal Judge Won't Enjoin Defendant In Copyright Case

    SAN DIEGO - Despite prevailing at a 2013 jury trial, a copyright infringement plaintiff was denied a permanent injunction Oct. 21 by a California federal judge (Brighton Collectibles Inc. v. Pedre Watch Company Inc., No. 11-637, S.D. Calif.).

    Federal Circuit Affirms: Sleepiness Detection Patent Invalid As Indefinite

    WASHINGTON, D.C. - A patent designed to monitor and alert a driver to his or her increased level of sleepiness is invalid on grounds that it is indefinite, the Federal Circuit U.S. Court of Appeals ruled Oct. 22 (Ibormeith IP LLC v. Mercedes-Benz USA LLC, No. 13-1007, Fed. Cir.).

    Novell Seeks Rehearing En Banc In Monopolization Suit Against Microsoft

    DENVER - Novell Inc. on Oct. 22 filed a petition for rehearing en banc of a 10th Circuit U.S. Court of Appeals ruling that Novell failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing operating-systems market to monopolize the word-processing and spreadsheet applications markets when it withdrew access to its namespace extensions (Novell, Inc. v. Microsoft Corporation, No. 12-4143, 10th Cir.).

    Federal Judge: Jurisdiction Lacking Against Patent Defendant

    CONCORD, N.H. - A New Hampshire federal judge on Oct. 21 dismissed a third-party complaint seeking a declaration of noninfringement and patent invalidity (Automated Facilities Management Corporation v. Smartware Group Inc., et al., No. 12-327, D. N.H.).

    Illinois Judge: Response To Trade Dress Interrogatories Insufficient

    CHICAGO - A trade dress infringement plaintiff must supplement its responses to interrogatories posed by a defendant, an Illinois federal judge ruled Oct. 17 (Hubbell Industrial Controls Inc. v. Electro Power Systems of Utah Inc., No. 12-8609, N.D. Ill.).

    Federal Judge Denies Motion To Dismiss In Patent Litigation

    DETROIT - A Michigan federal judge ruled Oct. 18 that two patent infringement defendants must face suit there because they purposefully directed their activities at Michigan and their alleged infringement arises out of that conduct (Service Solutions US LLC v. Autel U.S. Inc. et al., No. 13-10534, E.D. Mich.).

    Software Maker Fails To Allege Agreement; Antitrust Claims Fail, 2nd Circuit Holds

    NEW YORK - A software company failed to allege facts demonstrating that insurers' requiring the use of a rival estimating software was anything more than parallel conduct, the Second Circuit U.S. Court of Appeals ruled Oct. 18 in an unpublished order affirming the dismissal of antitrust and trademark infringement claims (Vedder Software Group Ltd. v. Insurance Services Office, Inc., et al., No. 13-1267, 2nd Cir.; 2013 U.S. App. LEXIS 21118).

    Federal Circuit Affirms: Patent Rights Exhausted

    WASHINGTON, D.C. - A Delaware federal judge did not err in finding that plaintiff Keurig Inc. exhausted its rights in two patents relating to beverage brewing, the Federal Circuit U.S. Court of Appeals ruled Oct. 17 (Keurig Inc. v. Sturm Foods Inc., No. 13-1072, Fed. Cir.).

    Supreme Court Won't Review Inequitable Conduct Case

    WASHINGTON, D.C. - A September 2012 ruling by the Federal Circuit U.S. Court of Appeals applying the new standard for inequitable conduct established in Therasense Inc. v. Becton, Dickinson & Co. (649 F.3d 1276 $(Fed. Cir. 2011$)) will stand, thanks to an Oct. 15 denial of certiorari by the U.S. Supreme Court in a patent dispute (Sony Computer Entertainment America LLC v. 1st Media LLC, No. 12-1086, U.S. Sup.).

    Pennsylvania Federal Judge Won't Transfer Copyright Case

    PHILADELPHIA - Allegations that a textbook maker infringed a photography agency's copyrights will proceed in the U.S. District Court for the Eastern District of Pennsylvania, a judge in that court ruled Oct. 16 (Jon Feingersh Photography Inc. v. Pearson Education Inc., No. 13-78, E.D. Pa.).

    Nevada Federal Judge Won't Dismiss 'World Chess' Trademark Dispute

    LAS VEGAS - The operator of a nonprofit organization will face trademark infringement allegations, a Nevada federal judge ruled Oct. 16 (World Chess Museum Inc. d/b/a World Chess Hall of Fame v. World Chess Federation Inc. and Stan Vaughn, No. 13-345, D. Nev.).

    Federal Judge Grants Dismissal Of Patent Case On Jurisdiction Grounds

    DENVER - A patent dispute over electronic devices for automobiles was dismissed Oct. 15 by a Colorado federal judge, who found that she lacks specific personal jurisdiction over a defendant (Gordon Howard Associates Inc. v. Lunareye Inc., No. 13-1829, D. Colo.).

    California Federal Judge Denies Transfer Of Patent Dispute

    SAN FRANCISCO - Two declaratory judgment plaintiffs on Oct. 15 succeeded in keeping their litigation in the U.S. District Court for the Northern District of California, despite efforts by a patent owner to transfer the case to the Central District of California (Diablo Technologies Inc. v. Netlist Inc., No. 13-3901; Smart Modular Technologies Inc. v. Netlist Inc., No. 13-3916, N.D. Calif.).