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.
WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 13 reversed a contempt-of-court ruling against a law firm for refusing to comply with a subpoena requesting production of communications the firm claims were privileged, after finding that the Ninth Circuit U.S. Court of Appeals would likely find that fairness should be considered when determining if prelitigation production of a letter between the firm and its client resulted in a broad waiver of privilege (Wi-Lan Inc. v. LG Electronics Inc., et al., No. 2011-1626, Fed. Cir.; 2012 U.S. App. LEXIS 14432).
ROCHESTER, N.Y. - After deeming a plaintiff likely to succeed on the merits of trademark infringement claims, a New York federal judge on July 13 granted preliminary injunctive relief (Mrs. United States National Pageant Inc. v. Miss United States of America Organization LLC et al., No. 12-613, W.D. N.Y.; 2012 U.S. Dist. LEXIS 97147).
CENTRAL ISLIP, N.Y. - Pursuant to a stipulation by competing online fragrance firms, a New York federal judge on July 12 agreed to dismiss most of the claims in a dispute over allegedly misappropriated pictures and metatags, leaving only a claim for copyright infringement (FragranceNet.com Inc., et al. v. FragranceX.com Inc., No. 2:06-cv-02225, E.D.N.Y.). Subscribers may view the stipulation and order available within the full article.
DENVER - Insureds have failed to establish that a stay of an advertising injury coverage lawsuit pending the 10th Circuit U.S. Court of Appeals' resolution of their mandamus petition is appropriate, a Colorado federal judge ruled July 12, denying the motion (Dish Network Corporation, et al. v. Arch Specialty Insurance Company, et al., No. 09-cv-00447-JLK, D. Colo.; 2012 U.S. Dist. LEXIS 96416).
MIAMI - A Florida federal judge on July 10 denied summary judgment to both parties in a dispute over their respective professional names of Spyder Harrison and Spider Harrison, finding that issues of material fact exist on trademark infringement, unfair competition and cyberpiracy claims (Richard Shottland v. Bernard Harrison, No. 1:11-cv-20140, S.D. Fla.; 2012 U.S. Dist. LEXIS 94876).
HARTFORD, Conn. - Although a copyright infringement defendant demonstrated irreparable injury, a Connecticut federal judge on July 11 refused to enjoin the U.S. Customs and Border Protection's (CBP) seizure of its allegedly infringing products (Lego A/S v. Best-Lock Construction Toys Inc., 11-1586, D. Conn.).
NEW YORK - Citing the transmit clause holding in Cartoon Network LLP v. CSC Holdings Inc. (536 F.3d 121 (2nd Cir. 2008) (Cablevision), a New York federal judge on July 11 denied preliminary injunctive relief in a dispute over live streaming of copyrighted television programs online (American Broadcasting Companies Inc., et al. v. Aero Inc., No. 12-1540, S.D. N.Y.). Subscribers may view the decision available within the full article.
NEW YORK - Finding "no indication" in the Digital Millennium Copyright Act (DMCA) that Congress intended to limit the statute's safe harbor provision to works created post-1972, a New York justice on July 10 refused to dismiss a music streaming website's invocation of the safe harbor affirmative defense in response to common-law copyright infringement claims (UMG Recordings Inc. v. Escape Media Group Inc., No. 100152/2010, N.Y. Sup., New York Co.).
NEW YORK - A copyright holder's failure to identify the proper title of a movie allegedly infringed via an Internet file-sharing protocol defeats its copyright infringement claims, a New York federal judge ruled July 9, also disposing of an accompanying negligence claim as preempted by federal law (Liberty Media Holdings LLC v. Cary Tabora, et al., No. 1:12-cv-02234, S.D. N.Y.; 2012 U.S. Dist. LEXIS 94751).
WASHINGTON, D.C. - An Oregon federal judge's decision to strike a pro se defendant's pleadings for repeated violations of court orders was not an abuse of discretion, the Federal Circuit U.S. Court of Appeals ruled July 11 (FLIR Systems Inc. v. Thomas L. Gambaro, No. 12-1100, Fed. Cir.).