ATLANTA - The federal judge in Georgia overseeing the multidistrict litigation in which direct and indirect purchasers allege that reverse settlement payments involving AndroGel violated antitrust laws ruled Sept. 28 that the brand-name drug company's underlying patent infringement lawsuit against generic drug companies was not objectively baseless (In re: Androgel Antitrust Litigation [No. II], No. 1:09-MD-2084-TWT, MDL No. 2084 [all cases], N.D. Ga.; 2012 U.S. Dist. LEXIS 140259).
TRENTON, N.J. - Relying on the rationale he used in a May 2012 ruling that invalidated eight claims of one patent covering the treatment of osteoporosis as obvious, a New Jersey federal judge on Oct. 1 invalidated 10 more claims of a related patent (Hoffman LaRoche Inc. v. Apotex Inc. et al., Nos. 07-4417, 07-4539, 07-4582, D. N.J.). Subscribers may view the order available within the full article.
LOS ANGELES - After "careful consideration," a California federal judge on Oct. 1 found that two defendants were improperly joined to a patent infringement action under the heightened standard established by the Leahy-Smith America Invents Act (Mednovus Inc. and First Texas Holdings Corp. v. QuinetiQ Group PLC et al., No. 12-3487, C.D. Calif.). Subscribers may view the decision available within the full article.
WASHINGTON, D.C. - The U.S. Supreme Court opened its term Oct. 1 by denying certiorari in three intellectual property cases; accordingly, a $2.6 million award issued by a California federal jury on behalf of copyright infringement plaintiff Jules Jordan Video Inc. remains intact (144942 Canada Inc., et al., v. Jules Jordan Video, Inc., et al., No. 11-1355, U.S. Sup.).
SAN FRANCISCO - An injunction barring Motorola Inc. from enforcing relief it obtained against Microsoft Corp. in Germany was proper, the Ninth Circuit U.S. Court of Appeals ruled Sept. 28 (Microsoft Corp. v. Motorola Inc., No. 12-35352, 9th Cir.).
WASHINGTON, D.C. - Finding no error in a Texas federal judge's determination that three patents related to a method for treating migraine headaches are not invalid as obvious, a divided Federal Circuit U.S. Court of Appeals on Sept. 28 left in place a preliminary injunction entered in the case (Pozen Inc. v. Par Pharmaceutical Inc. et al., Nos. 11-1584, 1585, 1586, Fed. Cir.).
MINNEAPOLIS - The Regional Multiple Listing Service of Minnesota Inc. (RMLS) persuaded a Minnesota federal judge on Sept. 27 that it is entitled to a preliminary injunction against a private realty service (Regional Multiple Listing Service of Minnesota Inc. v. American Home Realty Network Inc., No. 12-965, D. Minn.). Subscribers may view the order available within the full article.
NEW ORLEANS - A snow cone maker accused of trademark infringement and violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act 18 U.S.C.S. §§ 1961 et seq., failed to persuade a Louisiana federal judge on Sept. 25 that its commercial liability insurer must provide it with a legal defense (Southern Sno Manufacturing Co. Inc. et al. v. SnoWizard Inc. et al., Nos. 06-9170, 09-3394, 10-0791, 11-0880 and 11-1499, E.D. La.).
WASHINGTON, D.C. - The Islamic Republic of Iran did not waive its sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) in a trade dress infringement dispute over helicopter designs, a District of Columbia federal judge ruled Sept. 25 (Bell Helicopter Textron Inc. v. Islamic Republic of Iran et al., No. 06-1694, D. D.C.).
WILMINGTON, Del. - Foreign representatives for bankrupt Japanese computer chip computer manufacturer Elpida Memory Inc. on Sept. 28 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of a plan to sell 259 patents to Apple Inc.to honor a $51 million contract that Elpida contends is essential to continuing its business and reorganizing (In Re: Elpida Memory Inc., No. 12-10947, Chapter 15, D. Del. Bkcy.). Subscribers may view the motion available within the full article.
BOSTON - Citing "the prospect of pervasive and prolonged surveillance of innocent Americans' movements" and "a serious threat to Americans' privacy," the American Civil Liberties Union (ACLU) on Sept. 25 filed a complaint for injunctive relief in Massachusetts federal court, seeking to compel two government agencies to release records on their use of automatic license plate readers (ALPRs) (American Civil Liberties Union, et al. v. United States Department of Justice, et al., No. 1:12-cv-11776, D. Mass.). Subscribers may view the complaint available within the full article.
TAMPA, Fla. - The makers and installers of a kit that transforms inexpensive vehicles into knockoff Bentleys will stand trial on charges by the luxury auto maker of design patent and trademark infringement, a Florida federal judge ruled Sept. 26 (Bentley Motors Ltd. v. Matthew McEntegart et al., No. 12-1582, M.D. Fla.; 2012 U.S. Dist. LEXIS 138141).
LITTLE ROCK, Ark. - A copyright infringement plaintiff successfully defeated a motion to dismiss on Sept. 25, when an Arkansas federal judge rejected the defendant's argument that illegal copying must be demonstrated to maintain the claim (David Lynn Jones v. West Plains Bank and Trust Co., No. 12-52, E.D. Ark.; 2012 U.S. Dist. LEXIS 137796).
WILMINGTON, Del. - The Steering Committee of the Ad Hoc Group of bondholders for bankrupt Japanese computer chip maker Elpida Memory Inc. on Sept. 25 filed a brief in the U.S. Bankruptcy Court for the District of Delaware, seeking the appointment of a representative to facilitate cooperation and direct communication between bankruptcy courts in the United States and Japan (In Re: Elpida Memory Inc., No. 12-10947, Chapter 15, D. Del. Bkcy.). Subscribers may view the brief available within the full article.
TRENTON, N.J. - Online blog postings and comments about a developer were at best "rhetorical hyperbole" on matters of public concern, a New Jersey appellate panel ruled Sept. 26, affirming a trial court's decision to quash the developer's subpoena to identify the blog posters' identities (Somerset Development LLC, et al. v. "Cleaner Lakewood," et al., No. A-2819-10T3, N.J. Super., App. Div.). Subscribers may view the ruling available within the full article.
WASHINGTON, D.C. - A Pennsylvania federal judge correctly dismissed a complaint for declaratory and injunctive relief because the plaintiff's claims lack sufficient immediacy and reality to support the exercise of declaratory judgment jurisdiction, the Federal Circuit U.S. Court of Appeals ruled Sept. 25 (Matthews International Corp. v. Biosafe Engineering LLC and Digestor LLC, No. 12-1044, Fed. Cir.).
COLUMBUS, Ohio - Finding that two plaintiffs failed to plead "any facts" in support of their "purported injury," an Ohio federal judge on Sept. 25 dismissed a false marking and trademark infringement declaratory judgment action (Brian and Penny Greene v. Ab Coaster Holdings Inc., No. 10-38, S.D. Ohio). Subscribers may view the decision available within the full article.
SAN FRANCISCO - Indicating that his view of a patent infringement dispute that stretches over a decade "has changed significantly" since his last ruling in the dispute, a California federal judge on Sept. 21 found that defendant Rambus Inc. engaged in bad faith in spoliation of evidence when it engaged in the destruction of documents on three "shred days" (Hynix Semiconductor Inc. v. Rambus Inc., No. 00-10905, N.D. Calif.; 2012 U.S. Dist. LEXIS 135583).
SAN FRANCISCO - A split Ninth Circuit U.S. Court of Appeals panel on Sept. 20 rejected several class members' claims that Facebook Inc.'s $9.5 million settlement agreement in a lawsuit over its "Beacon" program should be set aside because a Facebook employee sits on the board of the organization distributing cy pres funds or because the settlement amount was too low (Sean Lane, et al. v. Facebook, Inc., et al., No. 10-16398, 9th Cir.; 2012 U.S. App. LEXIS 19767).
WASHINGTON, D.C. - Finding no error in a decision by the Board of Patent Appeals and Interferences that rejected as obvious certain claims pertaining to a method for recombining DNA in a eukaryotic cell, the Federal Circuit U.S. Court of Appeals on Sept. 21 affirmed (In re: Peter Droge, Nicole Christ and Elke Lorbach, No. 11-1600, Fed. Cir.).
CLEVELAND - A longstanding dispute over two key duplication patents will proceed with the testimony of a counterclaimant's expert witness, an Ohio federal judge ruled Sept. 24 (Hy-Ko Products Company et al. v. Hillman Group Inc., No. 08-1961, N.D. Ohio.).
ELGIN, Ill. - An Illinois appeals court on Sept. 21 found that a trial court properly entered summary judgment in favor of an insurer, finding that coverage was excluded and that the insurer had no duty to defend a poultry-packaging company in relation to a civil contempt motion filed against it in a trademark and patent dispute (TNI Packaging Inc. v. Hanover Insurance Company, No. 2-12-0145, Ill. App., 2nd. Dist.; 2012 IL App. [2d] 120145U).
DETROIT - A defendant's request for dismissal of infringement allegations stemming from unauthorized derivatives of certain copyrighted house plans was denied Sept. 21 by a Michigan federal judge, who instead awarded the plaintiff summary judgment (Design Basics LLC v. Deshano Companies Inc. et al., No. 10-14419, E.D. Mich.). Subscribers may view the decision available within the full article.
CHICAGO - In a Sept. 20 ruling, an Illinois federal judge rejected claims that a patent demand letter created declaratory judgment jurisdiction for only one patent, as it was the only patent for which an infringement analysis was provided (BMO Harris Bank National Association v. Pollin Patent Licensing LLC, No. 11-7996, N.D. Ill.). Subscribers may view the decision available within the full article.
ST. LOUIS - A Missouri federal judge on Sept. 20 agreed with Disney Enterprises Inc. that two stories about talking dogs that save Christmas are not substantially similar (Ray K. Harter Jr. et al. v. Disney Enterprises Inc., No. 11-2207, E.D. Mo.).