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.).
WASHINGTON, D.C. - A Delaware federal judge relied on a legally incorrect allocation of the burden of proof in finding that Medtronic Inc. did not infringe two reissue patents relating to a cardiac resynchronization therapy (CRT) device, the Federal Circuit U.S. Court of Appeals ruled Sept. 18 (Medtronic Inc. v. Boston Scientific Corp. and Guidant Corp., No. 11-1313, Fed. Cir.). Subscribers may view the decision available within the full article.
BOSTON - A Massachusetts federal judge on Sept. 17 resolved, in part, allegations surrounding a copyrighted approach for treating children with social, emotional and behavioral challenges with a grant of summary judgment (Ross Greene v. J. Stuart Ablon, et al., No. 09-10937, D. Mass.). Subscribers may view the decision available within the full article.
SAN FRANCISCO - A California federal magistrate judge on Sept. 18 granted dismissal of unregistered trademark dilution and common-law trademark infringement claims but will allow a pro se plaintiff leave to amend his complaint (Akeem O. Brown v. Shawn David Green et al., No. 12-2113, N.D. Calif.). Subscribers may view the order available within the full article.
PHILADELPHIA - A federal judge in Pennsylvania on Sept. 14 declined to reconsider or to certify for interlocutory appeal his ruling declining to dismiss allegations by a developer of technology used to locate mobile handsets that three corporate members of a standard-setting organization (SSO) engaged in a conspiracy to exclude the developer's technology from the SSO's standard (TruePosition, Inc. v. LM Ericsson Telephone Company, et al., No. 11-4574, E.D. Pa.; 2012 U.S. Dist. LEXIS 131453).
NEW YORK - Three weeks after a New York federal judge declined to stay a copyright infringement lawsuit over the Google Library Project (GLP), a Second Circuit U.S. Court of Appeals judge on Sept. 17 reversed that ruling, ordering that the trial court proceedings be stayed until an appeal over class certification in the case is resolved (The Authors Guild, et al. v. Google Inc., No. 12-2402, 2nd Cir.). View related prior history, 2012 U.S. Dist. LEXIS 76080.
WASHINGTON, D.C. - A California federal judge's order unsealing certain financial and marketing documents in a high-stakes patent infringement lawsuit was stayed Sept. 18 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics Co. Ltd., Nos. 12-1600, 1606, Fed. Cir.). View related prior history, 2012 U.S. App. LEXIS 18890.
ALEXANDRIA, Va. - Even though six in rem Internet domain defendants are in default because they have not responded to cybersquatting claims against them, a Virginia federal judge on Sept. 17 denied a motion for default judgment because he found that the plaintiff had not yet met its burden to prove infringement (Bright Imperial Ltd. v. RT MediaSolutions, S.R.O., et al., No. 1:11-cv-00935, E.D. Va.).
LOS ANGELES - Finding that a defendant's use of voiceovers and certain editing and production techniques added "something new" to four underlying Jewish films, a California federal judge on Sept. 14 granted summary judgment on copyright infringement claims (National Center for Jewish Film v. Riverside Films LLC and Joseph Dorman, No. 12-44, C.D. Calif.).
ATLANTA - Although a Florida federal magistrate judge erroneously found that "Internet publication" results in "simultaneous, worldwide distribution," the 11 Circuit U.S. Court of Appeals nonetheless affirmed dismissal of copyright infringement claims on Sept. 14 on the alternative ground that a plaintiff failed to offer substantially probative evidence that it complied with the statutory registration requirement before filing suit (Kernel Records Oy v. Timothy Mosley et al., No. 11-12769, 11th Cir.; 2012 U.S. App. LEXIS 19413).