WASHINGTON, D.C. - A California federal judge properly granted summary judgment of noninfringement on behalf of two patent defendants, the Federal Circuit U.S. Court of Appeals ruled Jan. 10 (Nazomi Communications Inc. v. Nokia Corp., et al., No. 13-1165, Fed. Cir.; 2014 U.S. App. LEXIS 491).
SAN FRANCISCO - A former Korn/Ferry International executive, whom a jury found guilty of computer fraud, misappropriation of trade secrets and conspiracy under the Computer Fraud and Abuse Act (CFAA), was sentenced to a year in prison and a $60,000 fine by a California federal judge on Jan. 8 (United States of America v. David Nosal, No. 3:08-cr-00237, N.D. Calif.).
WASHINGTON, D.C. - The solicitor general was invited by the U.S. Supreme Court on Jan. 13 to weigh in on a dispute over the preclusive effect of Trademark Trial and Appeal Board (TTAB) holdings in trademark infringement litigation (B&B Hardware Inc. v. Hargis Industries Inc. d/b/a Sealtite Building Fasteners, et al., No. 13-352, U.S. Sup.).
WASHINGTON, D.C. - In its Jan. 13 order list, the U.S. Supreme Court denied without comment a petition for certiorari by a man who contended that a search of his laptop computer by Customs and Border Protection (CBP) officials more than 170 miles from the border violated his Fourth Amendment rights (Howard Wesley Cotterman v. United States of America, No. 13-186, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court announced Jan. 10 that it will hear four intellectual property cases in an upcoming term, covering issues ranging from the streaming of copyrighted content over the Internet to the rights of private companies to challenge false labels.
SAN FRANCISCO - A California federal judge properly awarded summary judgment to a defendant accused of infringing a copyrighted water container used for smoking tobacco, the Ninth Circuit U.S. Court of Appeals ruled Jan. 9 (Inhale Inc. v. Starbuzz Tobacco Inc., et al., No. 12-56331, 9th Cir.).
ALEXANDRIA, Va. - A trial court acted in accordance with Virginia law governing the "unmasking" of anonymous Internet speakers, the majority of a Virginia Court of Appeals panel held Jan. 7, affirming the lower court's order compelling Yelp Inc. to comply with a subpoena duces tecum by a business owner seeking to discover the identities of the writers of several online business reviews that are purportedly false and defamatory (Yelp Inc. v. Hadeed Carpet Cleaning Inc., et al., No. 0116-13-4, Va. App.; 2014 Va. App. LEXIS 1).
SAN FRANCISCO - Allegations that a defendant willfully and indirectly infringed a network management patent will proceed, a California federal judge ruled Jan. 7 (Radware Ltd. and Radware Inc. v. A10 Networks Inc., No. 13-2021, N.D. Calif.; 2014 U.S. Dist. LEXIS 1692).
WASHINGTON, D.C. - The Trademark Trial and Appeal Board did not err in ordering the cancellation of a pro se plaintiff's trademarks for "XY Cosmetics" and "XY Skin Care," the Federal Circuit U.S. Court of Appeals held Jan. 8 (Micky A. Gutier v. Hugo Boss Trade Mark Management GmbH & Co. KG, No. 13-1481, Fed. Cir.; 2014 U.S. App. LEXIS 300).
SAN JOSE, Calif. - Online professional network operator LinkedIn Corp. filed suit in California federal court on Jan. 6 against Doe defendants that it claims are responsible for creating "thousands of fake . . . member accounts" that have polluted the network and "undermine$(d$) the integrity and effectiveness" of it (LinkedIn Corp. v. Does 1 through 10, No. 5:14-cv-00068, N.D. Calif.).
MARSHALL, Texas - Efforts by Finisar Corp. to transfer patent infringement allegations pending against it in a Texas federal court to a California federal court were unsuccessful Jan. 6 (Thomas Swan & Co. Ltd. v. Finisar Corp., No. 13-178, E.D. Texas.; 2014 U.S. Dist. LEXIS 773).
RICHMOND, Va. - A Virginia federal judge did not clearly err in denying Swatch AG's request for cancellation of a trademark for "SWAP," the Fourth Circuit U.S. Court of Appeals ruled Jan. 7 (Swatch AG v. Beehive Wholesale LLC, No. 12-2126, 4th Cir.; 2014 U.S. App. LEXIS 255).
RICHMOND, Va. - A North Carolina federal judge did not err in denying a copyright infringement counterclaim defendant judgment as a matter of law (JMOL) following an adverse jury verdict, the Fourth Circuit U.S. Court of Appeals ruled Jan. 6 (Silicon Knights Inc. v. Epic Games Inc., No. 12-1489, 4th Cir.).
NEW YORK - Allegations that two defendants infringed a copyrighted manuscript were properly dismissed on grounds of failure to state a claim upon which relief can be granted, the Second Circuit U.S. Court of Appeals affirmed Jan. 6 (Monique Wager v. Jonathan Littell and Harper Imprint of Harper Collins Publishers Ltd., No. 13-1683, 2nd Cir.).
HARTFORD, Conn. - A Connecticut federal judge on Jan. 3 increased a jury's award of $48.5 million to Enzo Biochem Inc. and Yale University (Enzo, collectively) by $12.4 million, granting the plaintiffs' request for prejudgment interest (Enzo Biochem Inc., et al. v. Applera Corp., et al., No. 04-929, D. Conn.).
WASHINGTON, D.C. - The U.S. Department of Justice (DOJ) was not required to produce an advisory counsel opinion related to its information-gathering techniques from telephone companies in response to a civil liberties organization's request under the Freedom of Information Act (FOIA), a District of Columbia Circuit U.S. Court of Appeals panel ruled Jan. 3, finding that the document was exempt from disclosure under the act's "deliberative process privilege" (Electronic Frontier Foundation v. United States Department of Justice, No. 12-5363, D.C. Cir.; 2014 U.S. App. LEXIS 70).
SAN FRANCISCO - Two defendants accused of infringing Oracle America Inc.'s copyrighted "Solaris" operating system failed to obtain dismissal of the claims Jan. 3, when a California federal judge rejected their claim that they possessed a license (Oracle America Inc. v. TERiX Computer Company Inc. et al., No. 13-3385, N.D. Calif.).
OAKLAND, Calif. - Two Facebook Inc. users filed a putative class action against the social networking giant on Dec. 30, alleging federal and state law violations springing from Facebook's purported reading and analyzing of users' private messages for the purpose of providing targeted advertising (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 27 granted in part a petition for rehearing filed by Google Inc. in a class suit over its data collection from unencrypted Wi-Fi networks while capturing Street View photos; however, the panel's amended opinion still affirmed that the trial court did not err when it denied a motion to dismiss a class complaint against Google alleging violations of the federal Wiretap Act (Benjamin Joffe, et al. v. Google, Inc., No. 11-17483, 9th Cir.; 2013 U.S. App. LEXIS 25825).
HARRISBURG, Pa. - A man's use of Skype to facilitate obscene communication with an underage girl constituted a "computer depiction" under state sexual abuse laws, a Pennsylvania Superior Court panel found Dec. 30, upholding the man's conviction for sexual abuse of children (Commonwealth of Pennsylvania v. Ty M. Levy, No. 2238 MDA 2012, Pa. Super.; 2013 PA Super 331; 2013 Pa. Super. LEXIS 4581).
NEW YORK - A motion for reconsideration by Vimeo LLC was granted in part on Dec. 31, when a New York federal judge agreed that the video-sharing service is entitled to summary judgment of safe harbor immunity to copyright infringement allegations levied in regard to 17 videos previously determined to have been "interacted with" by Vimeo employees (Capitol Records LLC, et al. v. Vimeo LLC, No. 09-10101, S.D. N.Y.).
TRENTON, N.J. - Roxane Laboratories Inc. won the right Dec. 30 to add affirmative defenses of unclean hands and laches in response to allegations of patent infringement by a brand name drug maker (Jazz Pharmaceuticals Inc. v. Roxane Laboratories Inc., No. 10-6108, D. N.J.).
NEW YORK - The U.S. Department of Justice and several states on Dec. 30 opposed Apple Inc.'s motion requesting a stay of the appointment of an external compliance monitor pending Apple's appeal to the Second Circuit U.S. Court of Appeals of a ruling that Apple conspired with publishers to fix prices of electronic books (United States of America v. Apple Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; State of Texas, et al. v. Penguin Group $(USA$) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.).
HARTFORD, Conn. - Because a plaintiff lacks expert testimony establishing a basis for recovery of lost profits under the test set forth in Panduit Corp. v. Stahlin Bros. Fibre Works Inc. (575 F.2d 1152, 1156 $(6th Cir. 1978$)), a Connecticut federal judge on Dec. 31 granted a defendant's motion for summary judgment (Protegrity Corporation v. Voltage Security Inc., No. 10-755, D. Conn.).
NEW YORK - In a Dec. 27 order, a New York federal judge dismissed a lawsuit brought by the American Civil Liberties Union (ACLU) over the bulk telephony metadata collection activities of the National Security Administration (NSA), finding that it was precluded under the statutory scheme of the USA Patriot Act, while finding that the agency's activities did not violate the Fourth or First Amendments to the U.S. Constitution (American Civil Liberties Union, et al. v. James R. Clapper, et al., No. 13-3994, S.D. N.Y.; 2013 U.S. Dist. LEXIS 180863).