LAKE CHARLES, La. - The mere existence of an interactive website is insufficient to establish jurisdiction over an out-of-state defendant absent actual use of the site, a Louisiana appeals panel ruled Oct. 10, affirming dismissal of a lawsuit against a Florida hotel (Thomas J. Hensgens v. Pelican Beach Resort, No. 12-268, La. App., 3rd Cir.; 2012 La. App. LEXIS 1283).
SPRINGFIELD, Mass. - Netflix Inc. agreed to provide closed-captioning on all of its online streaming content in a consent order that was signed by a Massachusetts federal judge on Oct. 11, disposing of a lawsuit brought against the video rental service under the Americans with Disabilities Act (ADA) (National Association of the Deaf, et al. v. Netflix Inc., No. 3:11-cv-30168, D. Mass.).
LOS ANGELES - Citing the willful behavior of the operators of several song lyrics websites, a California federal judge on Oct. 9 granted final judgment in the favor of a group of music publishers and awarded $6.6 million in statutory damages for their claims of copyright infringement (Peermusic III Ltd., et al. v. LiveUniverse Inc., et al., No. 2:09-cv-06160, C.D. Calif.).
WASHINGTON, D.C. - U.S. Judge Lucy H. Koh of the Northern District of California abused her discretion in barring Samsung Electronics America Inc. from selling the Galaxy Nexus smart phone, the Federal Circuit U.S. Court of Appeals ruled Oct. 11 (Apple Inc. v. Samsung Electronics America Inc., No. 12-1507, Fed. Cir.).
SAN FRANCISCO - A California federal judge on Oct. 9 granted preliminary approval of an amended settlement that adds a $10 cash payment in relief to each class member in a suit accusing Facebook Inc. of using the names and photos of users in advertising on the social network without the users' express permission (Angel Fraley, et al. v. Facebook, Inc., No. 11-1726, N.D. Calif.). View related prior history, 2012 U.S. Dist. LEXIS 116526.
A complimentary copy of the order is attached.
SAN FRANCISCO - An underlying copyright and trademark infringement case that spawned allegations of unfair competition, intentional interference with contractual relations and trade libel was pared down Oct. 9 by a California federal judge (OG International Ltd. and O-Games Inc. v. Ubisoft Entertainment, No. 11-4980, N.D. Calif.).
WASHINGTON, D.C. - A divided decision that reversed a grant of summary judgment of patent ineligibility in July has been vacated, thanks to an Oct. 9 order by the Federal Circuit U.S. Court of Appeals (CLS Bank International v. Alice Corporation Pty. Ltd., No. 11-1301, Fed. Cir.).
GRAND RAPIDS, Mich. - A declaratory judgment complaint regarding the "Nutrilite" trademark will proceed in Michigan federal court, thanks to an Oct. 9 ruling by a federal judge (Alticor Inc. v. Nutrisystem Inc., No. 12-256, E.D. Mich.).
CHICAGO - Despite numerous performances in the State of Illinois and ongoing relationships with Illinois vendors, the heavy metal band Motley Crue won dismissal Oct. 9 of copyright infringement claims levied there on jurisdiction grounds (Ron Toma v. Motley Crue Inc., No. 11-6766, N.D. Ill.).
LOS ANGELES - A patent dispute over a floating solar pool heater was resolved on summary judgment on Oct. 5 by a California federal judge, who cited a stipulation by the plaintiff that defendant Wal-Mart Stores Inc.'s accused product could not possibly infringe (Solar Sun Rings Inc. v. Wal-Mart Stores Inc., No. 11-6990, C.D. Calif.).
NEW YORK - Invoking "well-settled principles of collateral estoppel," several film studios moved Oct. 5 for summary judgment against the peer-to-peer network Lime Wire (LW) "for the same conduct" adjudicated in favor of the recording industry in Arista Records LLC v.Lime Group LLC., (784 F. Supp. 2d 398 [S.D. N.Y. 2011]) (Twentieth Century Fox Films Corp. v. Lime Group LLC et al., No. 12-818, S.D. N.Y.). Subscribers may view the motion available within the full article.
WASHINGTON, D.C. - A motion by the solicitor general for leave to participate as amicus curiae at upcoming oral arguments in a copyright dispute over the first-sale doctrine and foreign-made copies was granted Oct. 9 by the U.S. Supreme Court (Supap Kirtsaeng d/b/a BlueChristine99 v. John Wiley & Sons Inc., No. 11-697, U.S. Sup.).
DES MOINES, Iowa - Although a Hungarian corporation and two Hungarian residents do not have sufficient minimum contacts with Iowa to permit jurisdiction there in a copyright and trademark infringement case, an Iowa federal judge on Oct. 5 granted an alternative request for jurisdictional discovery (Fraserside IP LLC v. Netvertising Ltd. et al., No. 11-3034, N.D. Iowa). Subscribers may view the decision available within the full article.
DETROIT - The owner and operator of a Citgo gas station in Detroit on Oct. 5 failed to obtain dismissal of trademark claims levied by Coach Inc. in connection with counterfeit bags sold there (Coach Inc. v. Younes Corp. Inc., et al., No. 11-11559, E.D. Mich.). Subscribers may view the decision available within the full article.
PHILADELPHIA - A federal judge in Pennsylvania on October 4 declined to dismiss allegations by a developer of technology used to locate mobile handsets against a standard-setting organization (SSO), concluding that the developer plausibly alleged that the SSO, acting through three of its corporate members as its agents, joined in a conspiracy to exclude the developer's technology from the SSO's standard (TruePosition, Inc. v. LM Ericsson Telephone Company, et al., No. 11-4574, E.D. Pa.; 2012 U.S. Dist. LEXIS 143611).
WASHINGTON, D.C. - Because a Wisconsin federal judge erroneously construed two limitations and a claim term found in a series of patents relating to flash memory data management, the Federal Circuit U.S. Court of Appeals on Oct. 9 vacated a judgment of noninfringement in favor of a defendant (SanDisk Corporation v. Kingston Technology Inc., No. 11-1346, Fed. Cir.). See related prior history, 2012 U.S. App. LEXIS 19428.
WASHINGTON, D.C. - The question of the best forum - state or federal court - for legal malpractice claims stemming from underlying patent litigation will be addressed by the U.S. Supreme Court, which granted certiorari on Oct. 5 (Jerry W. Gunn v. Vernon F. Minton, No. 11-1118, U.S. Sup.).
Follow this link to view a complimentary copy of the complete Mealey's bulletin.
WASHINGTON, D.C. - The U.S. Supreme Court agreed Oct. 5 to weigh in on what a petition for certiorari called a dispute of "core practical importance to agriculture and of vital interest in patent law" (Vernon Hugh Bowman v. Monsanto Co., No. 11-796, U.S. Sup.).
Follow this link to view a complimentary copy of the complete Mealey's Bulletin.
NEW YORK - One day after the U.S. Department of Justice filed a complaint in New York federal court alleging that the operator of certain pop star "fansites" was violating the Child Online Protection Act (COPA) and the Federal Trade Commission Act, 15 U.S.C.S. §45, by improperly collecting minors' personal information, the operator signed a consent decree on Oct. 3, agreeing to comply with the statutes (United States of America v. Artist Arena LLC, No. 1:12-cv-07386, S.D. N.Y.). Subscribers may view the consent decree available within the full article.
NEW YORK - A federal judge in New York on Oct. 2 denied a consumer permission to intervene to file an appeal challenging approval of the settlement between the U.S. Department of Justice and electronic book publishers Hachette Book Group Inc., HarperCollins Publishers LLC and Simon & Schuster Inc. on the government's claims that e-book publishers and Apple Inc. conspired to fix prices of digital books in violation of federal antitrust laws (United States of America v. Apple, Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; 2012 U.S. Dist. LEXIS 142670).
OMAHA, Neb. - Citing a lack of evidence presented with regard to secondary meaning or acquired distinctiveness, a Nebraska federal judge on Oct. 3 ordered cancellation of an infringement plaintiff's trademark (Lovely Skin Inc. v. Ishtar Skin Care Products LLC, No. 10-87, D. Neb.).
WASHINGTON, D.C. - Efforts by an apparel maker to trademark "JPK Paris 75" suffered another setback Oct. 4, when the Federal Circuit U.S. Court of Appeals affirmed a refusal to register the mark by the U.S. Patent and Trademark Office (PTO) (In re: Miracle Tuesday LLC, No. 11-1373, Fed. Cir.). Subscribers may view the decision available within the full article.
WASHINGTON, D.C. - The Board of Patent Appeals and Interferences (BPAI) did not err in finding that it lacked jurisdiction to consider certain arguments raised during an inter partes reexamination proceeding, the Federal Circuit U.S. Court of Appeals ruled Oct. 2 (Belkin International Inc. v. David J. Kappos, Director U.S. Patent and Trademark Office, No. 12-1090, Fed. Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 denied without comment a petition for certiorari by a Colorado man who sought to overturn a child pornography conviction based on his contention that the offending material had never been "transported in interstate commerce" (Kenneth Dean Sturm v. United States, No. 12-5156, U.S. Sup.; 2012 U.S. LEXIS 6475).
WASHINGTON, D.C. - In its Oct. 1 orders list, the U.S. Supreme Court denied certiorari to a former Tennessee university student who was convicted of hacking into Sarah Palin's email account and posting information from her emails on the Internet (David C. Kernell v. United States, No. 11-1537, U.S. Sup.; 2012 U.S. LEXIS 6795).