WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 12 reversed a Delaware federal judge's final judgment that a generic drug infringes two valid patents (Pronova BioPharma Norge AS v. Teva Pharmaceuticals USA Inc. et al., Nos. 12-1498, 1499, Fed. Cir.).
AKRON, Ohio - An Ohio federal judge on Sept. 10 rejected efforts by a patent infringement defendant to obtain dismissal or, in the alternative, transfer the case to the U.S. District Court for the District of Massachusetts (OurPet's Company v. PetEdge Inc., No. 13-1018, N.D. Ohio).
NEW YORK - Allegations of copyright infringement levied against the members of the hip-hop group the Beastie Boys will proceed, in part, a New York federal judge ruled Sept. 10 (TufAmerica Inc. v. Michael Diamond et al., No. 12-3529, S.D. N.Y.).
WASHINGTON, D.C. - A New York federal judge erred in deeming a design patent invalid and in dismissing a related trade dress infringement claim, the Federal Circuit U.S. Court of Appeals ruled Sept. 11 (High Point Design LLC v. Meijer Inc., Sears Holdings Corporation and Wal-Mart Stores Inc., No. 12-1455, Fed. Cir.).
NEW ORLEANS - A disability insurer did not act arbitrarily and capriciously by relying on emails furnished by a plan participant's acquaintance in determining that the participant was no longer disabled, the Fifth Circuit U.S. Court of Appeals ruled Sept. 6, saying that the insurer did not have an affirmative duty to investigate the accuracy of the emails under the Employee Retirement Income Security Act (Terri Truitt v. Unum Life Insurance Company of America, No. 12-50142, 5th Cir.; 2013 U.S. App. LEXIS 18639).
CHICAGO - A claim for reverse passing off under the Lanham Act was rejected on summary judgment Sept. 10 by an Illinois federal judge who agreed with a defendant that there is no evidence that the plaintiff's unregistered "A 5-D" trademark has acquired secondary meaning (NanoChem Solutions Inc. v. Global Green Products LLC, No. 10-5686, N.D. Ill.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 9 rejected claims by patent counterclaimant H.J. Heinz Co. that it possesses appellate jurisdiction to hear the dispute under the pre-America Invents Act (AIA) version of 28 U.S. Code Section 1295 (David Wawrzynski v. H.J. Heinz Company et al., No. 12-1624, Fed. Cir.).
SAN FRANCISCO - A California federal court did not err when it denied a motion to dismiss a class complaint against Google Inc. alleging violations of the Wiretap Act when, while capturing Street View photos, it collected data from unencrypted Wi-Fi networks, the Ninth Circuit U.S. Court of Appeals ruled Sept. 10 (Benjamin Joffe, et al. v. Google, Inc., No. 11-17483, 9th Cir.; 2013 U.S. App. LEXIS 18781).
SAN JOSE, Calif. - An Ohio man filed a class complaint on Sept. 6 in California federal court accusing Apple Inc. of failing to provide the full season of "Breaking Bad" to consumers who purchased a "season pass" (Noam Lazebnick, M.D., et al. v. Apple, Inc., No. 13-4145, N.D. Calif.).
TRENTON, N.J. - Despite winning summary judgment that it is the owner of the "Blue Ridge Farms" trade name and a related logo, a plaintiff failed to secure summary judgment of infringement by a defendant competitor on Sept. 9 (Fresh Prepared Foods Inc. v. Farm Ridge Foods LLC et al., No. 10-6310, D. N.J.).
WASHINGTON, D.C. - In parallel motions filed Sept. 9 with the U.S. Foreign Intelligence Surveillance Court (FISC), Google Inc. and Facebook Inc. seek declaratory judgment permitting them to disclose statistics and aggregate data regarding orders that both companies had received from the court without violating the Foreign Intelligence Surveillance Act (FISA), under which the orders were issued (In re Amended Motion for Declaratory Judgment of Google Inc.'s First Amendment Right to Publish Information about FISA Orders, No. 13-03, FISC; and In re Motion for Declaratory Judgment to Disclose Aggregate Data Regarding FISA Orders and Directives, No. 13-06, FISC).
NEW YORK - A New York federal judge properly found that a copyright infringement plaintiff's allegations concerning personal jurisdiction failed to establish a nonspeculative and direct New York-based injury as required by that state's long-arm statute, according to a Sept. 9 ruling by the Second Circuit U.S. Court of Appeals (Troma Entertainment Inc. v. Centennial Pictures Inc. et al., No. 12-1883, 2nd Cir.).
ATLANTA - Following the U.S. Supreme Court's ruling in June that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are subject to the rule of reason, the 11th Circuit U.S. Court of Appeals on Sept. 9 vacated and remanded the case, in which a trial court dismissed the Federal Trade Commission's complaint that Solvay Pharmaceuticals Inc. conspired with generic drug makers to delay the marketing of generic versions of AndroGel (Federal Trade Commission v. Watson Pharmaceuticals, Inc., et al., No. 10-12729, 11th Cir.; 2013 U.S. App. LEXIS).
SALT LAKE CITY - Allegations of false advertising under Section 43(a) of the Lanham Act were dismissed Sept. 5 by a Utah federal judge on grounds that a statement made by a defendant on a television news program "does not have a clear commercial component" (Dr. Drake Vincent, et al. v. Utah Plastic Surgery Society, et al., No. 12-1048, D. Utah.).
SEATTLE - A patent dispute suit between dueling real estate websites will proceed, thanks to a Sept. 6 ruling by a Washington federal judge (Zillow Inc. v. Trulia Inc., No. 12-1549, W.D. Wash.).
WILMINGTON, Del. - A Delaware federal judge agreed Sept. 5 that certain claims of two patents asserted against Apple Inc. in a dispute over smartphone technology are invalid (MobileMedia Ideas LLC v. Apple Inc., No. 10-258, D. Del.).
NEW YORK - Apple Inc. must modify its existing agreements with publishers and submit to an external monitor pursuant to the final order entered Sept. 5 by the federal judge in New York who ruled against Apple on claims by the United States and 33 states that Apple conspired with five 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.).
WASHINGTON, D.C. - Applying the Copyright Act and case law, a District of Columbia federal judge on Sept. 5 found that copyright holder plaintiffs, including the four major television networks, are likely to succeed in their claim that an Internet television firm violates their exclusive public performance rights, granting the plaintiffs' motion for a preliminary injunction (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 1:13-cv-00758, D. D.C.; 2013 U.S. Dist. LEXIS 126543).
WASHINGTON, D.C. - A Pennsylvania federal judge erred in concluding that a jury verdict confirming the validity of a computer drive bay cooling patent lacked substantial evidence, the Federal Circuit U.S. Court of Appeals ruled Sept. 6 (Comaper Corporation v. Antec Inc., No. 13-1147, Fed. Cir.).
PHILADELPHIA - A Delaware federal judge erred in awarding Boston Scientific Corp. (BSC) judgment on the pleadings in a dispute over the distribution of profits from a settlement involving coronary stent patents, the Third Circuit U.S. Court of Appeals ruled Sept. 5 (G. David Jang v. Boston Scientific Corporation, No. 12-3434, 3rd Cir.).
WASHINGTON, D.C. - A Delaware federal judge properly found that the system claims of a computer program patent for handling insurance-related tasks claim ineligible subject matter, the Federal Circuit U.S. Court of Appeals affirmed Sept. 5 (Accenture Global Services GmbH et al. v. Guidewire Software Inc., No. 11-1486, Fed. Cir.).
SYRACUSE, N.Y. - Citing the need for additional discovery, a New York federal judge on Sept. 4 denied cross-motions for summary judgment in a copyright dispute over mannequins (RPM Displays Inc. et al. v. Oz Mannequins International et al., No. 12-686, N.D. N.Y.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 4 revisited its January ruling holding that a computer-based sales system patent is obvious but again confirmed its earlier reversal of a Texas federal judge's determination of validity (Soverain Software LLC v. Newegg Inc., No. 11-1009, Fed. Cir.).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 3 affirmed a lower court's dismissal of a California woman's antitrust claims against Apple Inc. based on purported monopolization and supracompetitive prices in the digital music market (Stacie Somers v. Apple Inc., No. 11-16896, 9th Cir.; 2013 U.S. App. LEXIS 18246).
WASHINGTON, D.C. - A Delaware federal judge properly granted a defendant summary judgment of noninfringement in a dispute over plants genetically modified to be 2,4-dichlorophenoxyacetic acid (2,4-D) resistant, according to a Sept. 3 ruling by the Federal Circuit U.S. Court of Appeals (Bayer Agroscience AG v. Dow Agrosciences LLC, No. 13-1002, Fed. Cir.).