GREENVILLE, S.C. - Where a plaintiff made a "strategic decision" not to pursue a copyright infringement claim prior to trial, defendants are unable to recover an award of attorney fees, a federal judge in South Carolina ruled July 26 (Uhlig LLC v. John Adam Shirley et al, No. 08-1208., D. S.C.; 2012 U.S. Dist. LEXIS 103823.).
PHILADELPHIA - A software firm's assertions that not all of its labor database products infringe a patent to which it had obtained a license constitute a contract dispute, not patent misuse, a Pennsylvania federal judge found July 26, disposing of the defendant's corresponding affirmative defense in a patent infringement case (Frontline Technologies Inc. v. CRS Inc., No. 2:07-cv-02457, E.D. Pa.; 2012 U.S. Dist. LEXIS 104186).
RICHMOND, Va. - A South Carolina welding company failed to show that two former employees violated the Computer Fraud and Abuse Act (CFAA) when they allegedly downloaded proprietary information and used it once they switched employers and started working for a competitor, the Fourth Circuit U.S. Court of Appeals ruled July 26 (WEC Carolina Energy Solutions LLC v. Willie Miller, a/k/a Mike, et al., No. 11-1201, 4th Cir.; 2012 U.S. App. LEXIS 15441).
WASHINGTON, D.C. - A Missouri federal judge did not err in invalidating two patents relating to a method for determining the values required to manage a stable value-protected life insurance policy, the Federal Circuit U.S. Court of Appeals ruled July 26 (Bancorp Services LLC v. Sun Life Assurance Company of Canada, No. 11-1467, Fed. Cir.).
KANSAS CITY, Mo. - A majority of the Eighth Circuit U.S. Court of Appeals on July 24 affirmed that an insurer has no duty to defend its insured against an underlying complaint because the complaint did not allege facts that would indicate that the trademarked phrase "Nature's Own" has the potential to be a "title" or a "slogan" and because the record is insufficient to demonstrate what a reasonable investigation by the insurer would have revealed about the underlying claimants' use of the trademark (Interstate Bakeries Corporation v. OneBeacon Insurance Company, No. 11-1802, 8th Cir.; 2012 U.S. App. LEXIS 15200).
LINCOLN, Neb. - A motion to dismiss filed by trademark infringement defendants Perdue Holdings Inc. and Perdue Farms Inc. (Perdue, collectively) was dismissed July 24 by a Nebraska federal judge, who found that a competitor has sufficiently pleaded a likelihood of confusion (Tecumseh Poultry LLC v. Perdue Holdings Inc. and Perdue Farms Inc., No. 12-3032, D. Neb.; 2012 U.S. Dist. LEXIS 102502).
SAN DIEGO - Allegations that a defendant infringed patented optical imaging for gene expression will proceed, a California federal judge ruled a July 24 (AntiCancer Inc. v. CellSight Technologies Inc., No. 10-2515, S.D. Calif.; 2012 U.S. Dist. LEXIS 102943).
PHILADELPHIA - Biovail Corp., the manufacturer of the prescription antidepressant drug Wellbutrin XL, reached a $37.5 million settlement on July 23 with direct purchasers who claimed that Biovail illegally conspired to prevent generic versions of the drug from entering the American market by filing sham patent infringement lawsuits and a citizen petition (In re: Wellbutrin XL Antitrust Litigation, No. 08-2431 (direct), E.D. Pa.). View related prior history, 2012 U.S. Dist. LEXIS 66312.
SAN FRANCISCO - On the eve of trial in a California federal court, Apple Inc. indicated on July 23 that it will seek in excess of $2.5 billion from Samsung Electronics Co. Ltd. for Samsung's alleged infringement of several patents covering mobile technology; in a brief filed the same day, Samsung accused Apple of carrying out a "coordinated campaign of dragging Samsung's name through the mud" (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.).
PHILADELPHIA - Experts proffered to opine on whether a reasonable petitioner could realistically expect a citizen petition to succeed on its merits and on causation will be allowed to testify, a federal judge in Pennsylvania ruled July 23 in lawsuits brought by purchasers of Flonase and a manufacturer of a generic version of Flonase who claim that GlaxoSmithKline PLC (GSK) filed a series of sham citizen petitions with the Food and Drug Administration to delay the entry of a generic version of Flonase into the market in violation of Section 2 of the Sherman Act, 15 U.S.C.S. § 1 et seq., (In re Flonase Antitrust Litigation (American Sales Co., Inc. v. SmithKline Beecham Corp., No. 08-3149 (direct); IBEW-NECA Local 505 Health & Welfare Plan v. SmithKlineBeecham Corp., No. 08-3301 (indirect); Roxane Laboratories, Inc. v. SmithKlineBeecham Corp., No. 09-1638), E.D. Pa.). Related prior history, 2012 U.S. Dist. LEXIS 91155.
CHICAGO - An Illinois federal judge on July 20 denied a dryer manufacturer's motion to sever property damage claims that are based on incidents outside of the U.S. District Court for the Northern District of Illinois in three insurers' subrogation lawsuit seeking reimbursement of $12.25 million they have paid for claims arising from defective dryers (State Farm Fire and Casualty Company, et al. v. Electrolux Home Products Inc., No. 11-8946, N.D. Ill.; Eastern Div.). View related prior history, 2012 U.S. Dist. LEXIS 63361.
TYLER, Texas - A Texas federal judge on July 19 denied a request for judgment as a matter of law (JMOL), rejecting claims by Eolas Technologies Inc. that a jury verdict of patent invalidity was unsupported by the evidence (Eolas Technologies Inc. and The Regents of the University of California v. Adobe Systems Inc. et al., No. 09-446, E.D. Texas). Subscribers may view the order available within the full article.
WASHINGTON, D.C. - Acting on remand, the Federal Circuit U.S. Court of Appeals on July 20 reconsidered a dispute over the patentability of certain genetic diagnostic test kits, with several judges expressing doubt that the U.S. Supreme Court ruling in Mayo Collaborative Services v. Prometheus Laboratories Inc. (No. 10-1150, U.S. Sup.) should lead them to a different result (Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office and Myriad Genetics Inc., No. 10-1406, Fed. Cir.).
WASHINGTON, D.C. - In a two-page order issued July 19, the Federal Circuit U.S. Court of Appeals refused to lift an injunction barring Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. from selling its Galaxy Nexus smartphone (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 12-1506, Fed. Cir.).Subscribers may view the order available within the full Mealey's article.
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 18 denied the Federal Trade Commission's petition for rehearing en banc of the court's April 25 ruling that reverse payment settlements between the holder of a drug patent and generic manufacturers of the drug did not constitute an unfair restraint on trade in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C.S. §45 (Federal Trade Commission v. Watson Pharmaceuticals, Inc., et al., No. 10-12729, 11th Cir.).
TAMPA, Fla. - A defendant won dismissal of copyright infringement allegations July 19 when a Florida federal judge agreed that plaintiff Yellow Pages Photos Inc. (YPPI) failed to sufficiently allege an agency relationship (Yellow Pages Photos Inc. v. Yellow Pages Group LLC et al., No. 12-755, M.D. Fla.). Subscribers may view the decision available within the full article.
PHILADELPHIA - A defendant on July 18 won partial summary judgment from a Pennsylvania federal judge, who agreed that a copyright infringement plaintiff is barred from recovering statutory damages as to two fashion stylebooks published in 2005 and 2006 (Richard C. Ackourey Jr. v. La Rukico Custom Tailor, No. 11-2401, E.D. Pa.).
OMAHA, Neb. - A patent plaintiff on July 17 successfully persuaded a Nebraska federal judge to compel a defendant to respond to a discovery request pertaining to certain financial documents in a dispute over infringing software sales to foreign end users (Prism Technologies LLC v. Adobe Systems Inc. et. al., No. 10-220, D. Neb.). Subscribers may view the order available within the full article.
BROOKLYN, N.Y. - A financial consulting group that filed trademark complaints against a consumer complaint website failed to establish the necessary components of a claim brought under the Lanham Act, a New York federal judge ruled July 13, granting the defendant's dismissal motion (deVere Group GmbH v. Opinion Corp., et al., No. 1:11-cv-03360, E.D. N.Y.; 2012 U.S. Dist. LEXIS 97812).
CEDAR RAPIDS, Iowa - Because discovery proposed by a copyright and trademark infringement plaintiff could potentially rebut a defendant's claim that personal jurisdiction is lacking, an Iowa federal judge on July 16 partly granted a Federal Rule of Civil Procedure Rule 56 motion (Fraserside IP LLC v. Youngtek Solutions Limited, No. 11-3005, N.D. Iowa). Subscribers may view the decision available within the full article.
PHILADELPHIA - Settlements involving a reverse payment from a name-brand manufacturer to a generic challenger to delay the entry date for marketing a generic drug are subject to the rule-of-reason test and not the scope-of-the-patent test, the Third Circuit U.S. Court of Appeals ruled July 16, saying that a reverse payment is prima facie evidence of an unreasonable restraint of trade (Louisiana Wholesale Drug Co., Inc., et al., No. 10-2077; CVS Pharmacy Inc., et al., No. 2078; Walgreen Co., et al., No. 10-2079; Merck & Co., Inc., et al., No. 10-4571, 3rd Cir.; 2012 U.S. App. LEXIS 14527).
SALT LAKE CITY - Novell Inc. failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing (PC) operating systems market to monopolize the word-processing and spreadsheet applications markets, a federal judge in Utah held July 16 in granting Microsoft's renewed motion for judgment as a matter of law (Novell, Inc. v. Microsoft Corp., No. 2:04-cv-01045, D. Utah). View related prior history, 2011 U.S. App. LEXIS 9062.
NEW YORK - A Second Circuit U.S. Court of Appeals panel reversed the conviction of a man for the possession and receipt of Internet child pornography on July 12, finding that because the evidence was obtained via a warrant for a nearby apartment, the defendant's Fourth Amendment rights had been violated (United States of America v. Andrei Voustianiouk, No. 10-4420, 2nd Cir.; 2012 U.S. App. LEXIS 14317).
NEW ORLEANS - A copyright infringement plaintiff's counsel violated Federal Rules of Civil Procedure 26 and 45 by issuing subpoenas on the Internet service providers (ISPs) of the Doe defendants in a file-sharing case, a Fifth Circuit U.S. Court of Appeals panel ruled July 12, affirming a lower court's grant of sanctions against the attorney (Mick Haig Productions E.K. v. Does 1-670 v. Evan Stone, No. 11-10977, 5th Cir.; 2012 U.S. App. LEXIS 14263).
ST. LOUIS - A bankruptcy court did not err in striking three textbook publisher plaintiffs' demand for a jury trial on damages in connection with a defendant's copyright infringement, the Eighth Circuit U.S. Court of Appeals ruled July 13 (Pearson Education Inc., et al. v. Joel Thomas Almgren, No. 11-2723, 8th Cir.). Subscribers may view the decision available within the full article.