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).
ROANOKE, Va. - A Virginia federal judge on Dec. 31 rejected a motion to dismiss patent infringement allegations stemming from a process that occurs in the People's Republic of China (McAirlaids Inc. v. Kimberly-Clark Corporation, et al., No. 13-193, W.D. Va.).
NEW YORK - A software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software, the Second Circuit U.S. Court of Appeals affirmed Dec. 23 (MiniFrame Ltd. v. Microsoft Corporation, No. 13-1607, 2nd Cir.; 2013 U.S. App. LEXIS 25583).
DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 23 found that, barring the application of an appropriate tolling principle, a claim for copyright infringement "must be brought within three years of the date on which the plaintiff becomes aware of an act of infringement or becomes chargeable with knowledge of it" (Andrew Diversey v. David Schmidly, et al., No. 13-2058, 10th Cir.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 24 agreed with a California federal judge that the relevant principles of trademark law pertaining to gray market goods are extendable to the sale of imported mushrooms (Hokto Kinoko Co. and Hokuto Co. Ltd. v. Concord Farms Inc., No. 11-56461, 9th Cir.).
BOISE, Idaho - A plaintiff's "conclusory" allegations that a defendant provided source code to third parties is insufficient to sustain an allegation of contributory copyright infringement, an Idaho federal judge ruled Dec. 17 (Asset Vision LLC, et al. v. Brad Hall & Associates Inc., et al., No. 13-288, D. Idaho).
COLUMBUS, Ohio - Allegations of infringement and false designation of origin levied in connection with the "IntelliJet" trademark were rejected Dec. 19 by an Ohio federal judge, who found that the plaintiff failed to use its mark in commerce (NetJet Inc. v. IntelliJet Group LLC, No. 12-59, S.D. Ohio.).
WASHINGTON, D.C. - A New Jersey federal judge's construction of the terms "alkaline salt" and "pharmaceutically acceptable salt" in two patents relating to the heartburn drug Nexium was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Dec. 19 (AstraZeneca AB et al. v. Hanmi USA Inc., No. 13-1490, Fed. Cir.).
CHATTANOOGA, Tenn. - A Tennessee federal judge on Dec. 17 denied a copyright infringement defendant's request for judgment as a matter of law (JMOL) and instead granted a plaintiff's request for permanent injunctive relief (Virtual Studios Inc. v. Beaulieu Group LLC, No. 11-359, E.D. Tenn.).
ATLANTA - A Georgia federal judge properly rejected on summary judgment copyright infringement allegations levied against Lowe's Home Centers Inc. and one of its suppliers, the 11th Circuit U.S. Court of Appeals ruled Dec. 16 (Progressive Lighting Inc. v. Lowe's Home Centers Inc. et al., No. 12-14958, 11th Cir.).
RICHMOND, Va. - A Maryland federal judge properly found that "fleeting" uses of a "Flying B" logo in three NFL videos do not represent copyright infringement because the displays are "incidental" and qualify as a fair use, the Fourth Circuit U.S. Court of Appeals ruled Dec. 17 (Frederick E. Bouchat v. Baltimore Ravens Limited Partnership, No. 12-2543, 4th Cir.).
WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding no violation of the Tariff Act by the importation of products alleged to have infringed two "machine vision" patents, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Cognex Corporation et al. v. International Trade Commission et al., No. 11-1098, Fed. Cir.).
WASHINGTON, D.C. - Stating that the U.S. government's "bulk telephony and metadata collection and analysis almost certainly does violate a reasonable expectation of privacy," a District of Columbia federal judge on Dec. 16 found that two plaintiffs would likely succeed in their Fourth Amendment challenge to this practice, leading the judge to grant in part their motion for a preliminary injunction (Larry Klayman, et al. v. Barrack Hussein Obama, et al., No. 1:13-cv-00851 and 1:13-cv-00881, D. D.C.).
KANSAS CITY, Kan. - A patent infringement plaintiff on Dec. 16 won the right to amend its complaint against Time Warner Cable Inc. to include a claim for willfulness (Sprint Communications Co. L.P. v. Time Warner Cable Inc., No. 11-2686, D. Kan.).
WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding that Motorola Mobility LLC violated Section 337 of the Tariff Act when it imported and sold mobile devices that infringe Microsoft Corp.'s U.S. patent No. 6,370,566, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Motorola Mobility LLC v. International Trade Commission and Microsoft Corp., No. 12-1535, Fed. Cir.).
RUTLAND, Vt. - Despite subsequent U.S. Supreme Court precedent that deemed warrantless use of a global positioning system (GPS) device on a car to be a violation of the Fourth Amendment, a Second Circuit U.S. Court of Appeals panel on Dec. 13 held that the U.S. Drug Enforcement Agency's placement of such a device prior to that ruling was done in good faith and based on existing binding appellate precedent (United States v. Stephen Aguiar, et al., No. 11-5262-cr, 11-5329-cr and 11-5330-cr, 2nd Cir.; 2013 U.S. App. LEXIS 24803).
WASHINGTON, D.C. - A Georgia federal judge erred in an interpretation of 28 U.S. Code Section 1920(4), the statutory provision governing the taxation of costs, when he ordered a plaintiff to pay $49,824.60 to one defendant and $268,311.12 to another, the Federal Circuit U.S. Court of Appeals ruled Dec. 13 (CBT Flint Partners LLC v. Return Path Inc. et al., No. 13-1036, Fed. Cir.).