DETROIT - Claims of breach of contract were dismissed from a patent infringement action by a Michigan federal judge on Nov. 3 (Federal Mogul Worldwide Inc., et al. v. NJT Enterprises, d/b/a Mayco International LLC, No. 11-15480, E.D. Mich.; 2014 U.S. Dist. LEXIS 155118).
PITTSBURGH - Citing a patent infringement defendant's "systematic campaign to willfully defy" court orders, a Pennsylvania federal judge on Nov. 3 entered a default judgment in the case (Drone Technologies Inc. v. Parrot S.A. and Parrot Inc., No. 14-111, W.D. Pa.; 2014 U.S. Dist. LEXIS 155258).
SAN FRANCISCO - Four prevailing copyright infringement defendants were denied an award of attorney fees on Oct. 31 by a California federal judge (Design Data Corporation v. Unigate Enterprise Inc. et al., No. 12-4131, N.D. Calif.; 2014 U.S. Dist. LEXIS 154737).
DETROIT - Allegations by a trademark infringement defendant that the complaint in the case is time-barred were rejected by a Michigan federal judge on Oct. 31 (Superior Play Systems Inc. v. Superior Play LLC, No. 14-12106, E.D. Mich.; 2014 U.S. Dist. LEXIS 154515).
WILMINGTON, Del. - Motorola Mobility Inc. was denied judgment as a matter of law (JMOL) on Oct. 28 by a Delaware federal judge following a patent infringement trial that resulted in a hung jury in February (Intellectual Ventures I LLC et al. v. Motorola Mobility Inc., No. 11-908, D. Del.).
RICHMOND, Va. - A design patent and trade dress dispute over "beard hats," knit caps with an attached or an attachable face mask, will proceed, thanks to an Oct. 28 ruling by a Virginia federal judge (Stat Ltd. v. Beard Head Inc., No. 13-762, E.D. Va.; 2014 U.S. Dist. LEXIS 152587).
WILMINGTON, Del. - In an Oct. 28 verdict, a Delaware federal jury found three patents held by InterDigital Communications Inc. to be infringed by certain ZTE Corp. wireless technology devices (InterDigital Communications Inc., et al. v. ZTE Corp., et al., No. 1:13-cv-00009, D. Del.).
SHERMAN, Texas - A dispute over patented switches and routers will remain in Texas, a federal judge ruled Oct. 27 (Net Navigation Systems LLC v. Extreme Networks Inc., No. 14-254, E.D. Texas; 2014 U.S. Dist. LEXIS 151963).
OAKLAND, Calif. - On Oct. 28, the Federal Trade Commission sued AT&T Mobility LLC in California federal court, alleging that the mobile communications giant has engaged in the practice of "data throttling" by reducing the data speed for its unlimited mobile data plan customers that exceed certain data usage thresholds (Federal Trade Commission v. AT&T Mobility LLC, No. 4:14-cv-04785, N.D. Calif.).
BOSTON - A patent defendant's effort to bifurcate an upcoming trial into separate proceedings for willfulness and infringement was rejected Oct. 27 by a Massachusetts federal judge (Abbott Biotechnology Ltd. and AbbVie Inc. v. Centocor Ortho Biotech Inc., No. 09-40089, D. Mass.; 2014 U.S. Dist. LEXIS 151697).
NEW YORK - A patent infringement defendant was awarded nearly $300,000 in attorney fees and costs on Oct. 23 by a New York federal judge (Lumen View Technology Inc. v. Findthebest.com Inc., No. 13-3599, S.D. N.Y.).
SAN FRANCISCO - Allegations that two defendants infringed nine patents covering an image sensor found in devices with photo-capturing capabilities were rejected on summary judgment on Oct. 21 by a California federal judge (Ziptronix Inc. v. Taiwan Semiconductor Manufacturing Co. Ltd., et al., No. 10-5525, N.D. Calif.).
SEATTLE - Finding personal jurisdiction lacking, a Washington federal judge on Oct. 21 agreed to dismiss a copyright and trademark dispute over the rights to the fictional character "Zorro" (Robert W. Cabell v. Zorro Productions Inc., No. 13-449, W.D. Wash.; 2014 U.S. Dist. LEXIS 149558).
SAN JOSE, Calif. - A California federal jury on Oct. 22 found that Apple Inc.'s popular iPhone and iPad products do not infringe two asserted telecommunications patents of a Hawaiian technology firm, while also finding the patents to be valid (GPNE Corp. v. Apple Inc., No. 5:12-cv-02885, N.D. Calif.).
WASHINGTON, D.C. - Four generic drug manufacturer defendants on Oct. 22 lost on appeal to the Federal Circuit U.S. Court of Appeals, which found that a New Jersey federal judge properly rejected allegations that nine claims of a disputed patent are invalid for obviousness (Warner Chilcott Company LLC v. Lupin Ltd., et al., Nos. 14-1262, -1273, Fed. Cir.).
BOSTON - In an Oct. 20 ruling, a Massachusetts federal judge construed a disputed claim term in a method patent for correlating colors with musical notes while also refusing to deem three claims of that patent invalid as indefinite (Michael Sandborn & Mark Sandborn Partnership et al. v. Avid Technology Inc., No. 11-11472, D. Mass.; 2014 U.S. Dist. LEXIS 149048).
TRENTON, N.J. - Efforts by a patent infringement plaintiff to obtain injunctive relief in a dispute over slot machine technology were unsuccessful on Oct. 20, when a New Jersey federal judge found that the plaintiff was unlikely to be irreparably harmed if an injunction is not issued (PTT LLC v. Gimme Games, et al., No. 13-7161, D. N.J.; 2014 U.S. Dist. LEXIS 148981).
WASHINGTON, D.C. - Allegations that Japan Airlines Corp. (JAL) infringed a patented method of making a secure identification document with an embedded computer chip when it used electronic passports to process passengers within the United States were properly rejected by a New York federal judge, the Federal Circuit U.S. Court of Appeals ruled Oct. 21 (IRIS Corporation v. Japan Airlines Corp., No. 10-1051, Fed. Cir.).
ATLANTA - A Georgia federal judge's determination that a program offered by Georgia State University (GSU) that allows professors to make digital copies of book excerpts is largely fair use was at least partly erroneous, the 11th Circuit U.S. Court of Appeals ruled Oct. 17 in a 129-page ruling (Cambridge University Press et al. v. Georgia State University et al., Nos. 12-14676, 12-15147, 11th Cir.).
WASHINGTON, D.C. - Finding no error in an Oregon federal magistrate judge's construction of the claim terms "support surface" and "ledge," the Federal Circuit U.S. Court of Appeals on Oct. 20 affirmed a stipulated judgment that a patented bracket for orthodontic braces is not infringed (World Class Technology Corp. v. Ormco Corporation, No. 13-1769, 14-1692, Fed. Cir.).
NEW YORK - A commercial image provider has not established that it will suffer irreparable harm absent an injunction, a New York federal judge ruled Oct. 16, noting that the image search feature at the heart of a copyright infringement complaint has already been disabled by Microsoft Corp. (Getty Images [US] Inc. v. Microsoft Corp., No. 1:14-cv-07114, S.D. N.Y.; 2014 U.S. Dist. LEXIS 147532).
SAN FRANCISCO - In two nearly identical Oct. 17 rulings, the Ninth Circuit U.S. Court of Appeals reversed the dismissal of copyright infringement claims levied by a photographer against two major textbook publishers (Tom Bean v. Houghton Mifflin Harcourt Publishing Company, No. 10-16771, 9th Cir.; 2014 U.S. App. LEXIS 19858; Tom Bean v. Pearson Education Inc., No. 13-16977, 9th Cir.; 2014 U.S. App. LEXIS 19869.).
CINCINNATI - A Tennessee federal judge did not err in granting a copyright infringement defendant summary judgment on grounds that his license agreements with the plaintiffs were valid and had never been withdrawn or canceled under the requirements of Russian law, the Sixth Circuit U.S. Court of Appeals ruled Oct. 17 (Taryn Murphy and Chris Landon v. Sergey Lazarev, No. 14-5028, 6th Cir.; 2014 U.S. App. LEXIS 19951).
HARTFORD, Conn. - Citing the existence of noninfringing alternatives, a Connecticut federal judge on Oct. 15 preliminarily enjoined the use of Ethicon Endo-Surgery Inc.'s "ACE+7" surgical shears, which have been accused by Covidien Sales LLC and Covidien LP (Covidien, collectively) of patent infringement (Covidien Sales LLC and Covidien LP v. Ethicon Endo-Surgery Inc., No. 14-917, D. Conn.).
PHOENIX - Two defendants were severed from a dispute over two utility pipeline sensor patents on Oct. 15 by an Arizona federal judge (Pipeline Technologies Inc. v. Applied Products Group LLC et al., No. 13-2104, D. Ariz.).