SAN FRANCISCO - The Supreme Court of California on June 12 affirmed an appeals court's finding that a commercial general liability insurer has no duty to defend its insured against a patent and trademark infringement lawsuit because the underlying claimant did not allege a claim for disparagement that would have triggered personal and advertising injury coverage (Hartford Casualty Insurance Co. v. Swift Distribution Inc., et al., No. S207172, Calif. Sup.; 2014 Cal. LEXIS 3765).
MADISON, Wis. - A plaintiff won a default judgment and permanent injunction on June 13 in a copyright and trademark dispute over unauthorized training programs for health care software (Epic Systems Corporation v. Neil Silver, No. 13-355, W.D. Wis.).
WASHINGTON, D.C. - A Washington federal judge did not err in finding that the means-plus-function term "integrator means" renders the asserted claims of a computer input device patent invalid for indefiniteness, the Federal Circuit U.S. Court of Appeals ruled June 13 (Triton Tech of Texas LLC v. Nintendo of America Inc., No. 13-1476, Fed. Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 16 granted certiorari to a Pennsylvania man who was convicted of making threatening communications via social network postings in violation of 16 U.S. Code Section 875(c), directing the parties to brief on questions of proof and subjective intent required to reach such a conviction (Anthony Douglas Elonis v. United States of America, No. 13-983, U.S. Sup.).
MILWAUKEE - A patent owner's request for preliminary injunctive relief in its dispute with a competitor in the bowfishing arrow slide market was denied June 11 by a Wisconsin federal judge (AMS LLC v. Bear Archery Inc., No. 14-119, W.D. Wis.).
WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA), the U.S. Supreme Court unanimously ruled June 12 (POM Wonderful LLC v. The Coca-Cola Co., No. 12-761, U.S. Sup.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 10 affirmed a lower federal court's ruling that an insurance policy's prior publication exclusion bars coverage for underlying claims that the insured infringed on the claimant's use of the "StreetSurfer" trademark to market his skateboards (Street Surfing LLC v. Great American E&S Insurance Co., No. 12-55351, 9th Cir.; 2014 U.S. App. LEXIS 10737).
FORT MYERS, Fla. - A patent infringement complaint involving thermal imager devices will proceed thanks to a June 10 ruling by U.S. Judge Sheri Polster Chappell of the Middle District of Florida (CANVS Corporation v. FLIR Systems Inc., No. 14-180, M.D. Fla.).
NEW YORK - Mostly upholding a lower court's judgment, a Second Circuit U.S. Court of Appeals panel on June 10 found that a library digitization project created by a group of universities was sufficiently transformative to constitute fair use under the Copyright Act, affirming dismissal of infringement claims by various authors and authors' groups (The Authors Guild Inc., et al. v. HathiTrust, et al., No. 12-4547, 2nd Cir.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on June 10 reversed a North Carolina federal judge's final judgment that several generic drug makers infringed certain claims of two patents and that those same defendants failed to establish that the patents in suit are invalid (Allergan Inc. et al. v. Apotex Inc. et al., Nos. 13-1245, -1246 and -1247, Fed. Cir.).
KANSAS CITY, Kan. - A Kansas federal judge on June 6 mostly denied a motion to dismiss by a maker of bitcoin miners, finding that a customer had sufficiently alleged fraud, negligent misrepresentation and consumer protection violations to survive dismissal (Martin Meissner v. BF Labs Inc., No. 2:13-cv-02617, D. Kan.; 2014 U.S. Dist. LEXIS 77135).
WASHINGTON, D.C. - A New Mexico federal judge properly rejected, on standing grounds, a dispute where the co-owner of a patent had not joined the lawsuit voluntarily and could not be involuntarily joined under Federal Rule of Civil Procedure 19(a), a divided Federal Circuit U.S. Court of Appeals ruled June 6 (STC.UNM v. Intel Corp., No. 13-1241, Fed. Cir.).
WASHINGTON, D.C. - Although affirming noninfringement findings as they relate to one claim of a golf club patent, the Federal Circuit U.S. Court of Appeals on June 6 vacated noninfringement findings with regard to another (Nassau Precision Casting Co. Inc. v. Acushnet Company Inc., et al., No. 13-1410, Fed. Cir.).
CINCINNATI - Citing a defendant's right and ability to supervise "pervasive copyright infringement" at his restaurant, the Sixth Circuit U.S. Court of Appeals on June 6 affirmed an Ohio federal magistrate judge's finding of vicarious liability (Broadcast Music Inc. v. Meadowlake Ltd. et al., No. 13-3933, 6th Cir.).
ALBANY, N.Y. - A patent dispute over a coaxial cable connector will proceed without a preliminary injunction in place, a New York federal judge ruled June 5 (PPC Broadband Inc. v. Corning Gilbert Inc., No. 13-1310, N.D. N.Y.).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on June 4 rejected an Illinois man's argument that a federal interstate anti-stalking statute was facially unconstitutional, upholding a lower court's conviction and sentence related to the man's harassment of his ex-girlfriend (United States of America v. Christopher Osinger, No. 11-50338, 9th Cir.; 2014 U.S. App. LEXIS 10377).
HOUSTON - Because Google Inc. was not a party in an underlying attorney discipline lawsuit, a Texas appeals panel on June 5 held that a trial court's expunction order requiring removal of all records of the suit from its search engine violated the Internet giant's due process rights (Google Inc. v. Expunction Order, No. 01-13-00228-CV, Texas App., 1st Dist.).
WASHINGTON, D.C. - A New York federal judge was acting within her discretion when she sanctioned a defendant and its counsel for bringing a frivolous patent infringement action, the Federal Circuit U.S. Court of Appeals ruled June 5 (Source Vagabond Systems Ltd. v. Hydrapak Inc., Nos. 13-1270, -1387, Fed. Cir.).
CHICAGO - An Illinois federal judge on June 4 found that an adult entertainment firm chose "to air its laundry for strategic reason" in a motion for a protective order in a copyright infringement case against an alleged file sharer, leading the judge to mostly deny the firm's motion to seal in favor of "the public's presumptive right of access" to court records (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2014 U.S. Dist. LEXIS 75718).
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board erred in concluding that a Cuban company lacked standing to seek cancellation of two registrations for the "COHIBA" trademark, the Federal Circuit U.S. Court of Appeals ruled June 4 (Empresa Cubana Del Tabaco v. General Cigar Co. Inc., No. 13-1465, Fed. Cir.).
WASHINGTON, D.C. - A plaintiff's voluntary withdrawal without prejudice of a claim seeking a declaration of patent inventorship deprived the Federal Circuit U.S. Court of Appeals of jurisdiction over the case, the Federal Circuit ruled June 4 (Jack T. Krauser v. BioHorizons Inc., et al., No. 13-1461, Fed. Cir.).
WASHINGTON, D.C. - In a June 4 mandate, the Federal Circuit U.S. Court of Appeals agreed that in light of its recent decision in Apple Inc. v. Motorola Inc. (Nos. Nos. 2012-1548, -1549 [Fed. Cir. 2014]) and related claim construction, the U.S. Patent and Trademark Office (PTO) should reconsider its rejection of multiple claims of an Apple Inc. smartphone patent (In re: Apple Inc., No. 14-1002, Fed. Cir.).
ST. LOUIS - A motion for partial judgment on the pleadings by four defendants was granted June 3 by a Missouri federal magistrate judge, who agreed that a plaintiff's claims for indirect infringement were insufficiently pleaded (Emerson Electric Co. v. Suzhou Cleva Electric Appliance Co. Ltd., et al., No. 13-1043, E.D. Mo.).
TAMPA, Fla. - A Florida federal judge on June 2 denied a defendant's motion for judgment on the pleadings with regard to allegations of trade dress and copyright infringement (Garden Meadow Inc. v. Smart Solar Inc., No. 13-1766, M.D. Fla.).
WASHINGTON, D.C. - A California federal judge's order disqualifying the law firm of O'Melveny & Myers (OMM) from representing a patent and copyright infringement defendant will stand, the Federal Circuit U.S. Court of Appeals ruled May 29 (In re: ATopTech Inc., No. 14-124, Fed. Cir.).