CHICAGO - Issuing simultaneous rulings in two parallel Internet file-sharing cases, an Illinois federal judge on Sept. 27 concluded that a copyright holder failed to establish that alleged infringement by the multiple Doe defendants in the two cases arose from "the same transaction, occurrence, or series of transactions or occurrences," severing all but one Doe from each case (Malibu Media LLC v. John Does 1-68, No. 1:12-cv-06675; and Malibu Media LLC v. John Does 1-42, No. 1:12-cv-06677, N.D. Ill.; 2013 U.S. Dist. LEXIS 139068).
WILMINGTON, Del. - A Delaware federal judge on Sept. 27 held that a provider of virtual currency for social network games had sufficiently pleaded its claims of monopolization, tying and tortious interference against Facebook Inc., denying the social network's motion to dismiss (Kickflip Inc. v. Facebook Inc., No. 1:12-cv-01369, D. Del.; 2013 U.S. Dist. LEXIS 138733).
SAN JOSE, Calif. - In a Sept. 25 order denying a social media aggregator firm's motion to reconsider a 2012 ruling that found it guilty of spam and computer fraud violations against Facebook Inc., a California federal judge also determined that the company's CEO "authorized and directed" the illegal activities, making him personally liable under the statutes (Facebook Inc. v. Power Ventures Inc., et al., No. 5:08-cv-05780, N.D. Calif.; 2013 U.S. Dist. LEXIS 137890).
MINNEAPOLIS - An agreement between Party City Corp. and one of its franchisees clearly gave the party goods supplier the right to operate an Internet-based store, a Minnesota federal judge found Sept. 25, holding that the franchisee failed to establish its breach of contract claim (Newpaper LLC v. Party City Corp., et al., No. 0:13-cv-01735, D. Minn.; 2013 U.S. Dist. LEXIS 137396).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 25 vacated a Texas federal judge's denial of a motion to sever in a "complicated" patent case (In re: Nintendo Co. Ltd. et al., Misc. Docket No. 151, Fed. Cir.).
WILMINGTON, Del. - The Guccione Collection LLC (TGC) filed an adversary proceeding in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," seeking declaratory relief and unspecified damages related to intellectual property (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).
WASHINGTON, D.C. - While expressing "no opinion" on whether various claims of a dynamic random access memory (DRAM) patent should issue, the Federal Circuit U.S. Court of Appeals on Sept. 24 nonetheless vacated a decision by the Board of Patent Appeals and Interferences to hold the claims invalid (Rambus Inc. v. Teresa Stanek Rea, Acting Director United States Patent and Trademark Office, No. 12-1634, Fed. Cir.).
LAS VEGAS - Citing a defendant's "torpid" reaction to its violations of a February 2012 consent injunction issued in a trademark infringement case, a Nevada federal judge on Sept. 24 issued a finding of contempt (Automobil Lamborghini v. Dal Toro Exotic Cars Las Vegas LLC et al., No. 11-1154, D. Nev.).
CHICAGO - A dispute over copyrighted poems will proceed, but without allegations that a defendant violated the Digital Millennium Copyright Act (DMCA), thanks to a Sept. 24 ruling by an Illinois federal judge (Personal Keepsakes Inc. v. Techny Advisors LLC, No. 11-5177, N.D. Ill.).
WILMINGTON, Del. - A dispute over 12 electronic communications analysis and monitoring patents should proceed in Ohio federal court, a Delaware federal judge ruled Sept. 23 (Verint Systems Inc. et al. v. CallCopy Inc., No. 13-562, D. Del.).
PITTSBURGH - A request for judgment as a matter of law (JMOL) on a jury's $1.1 billion award for patent infringement was denied Sept. 23 by a Pennsylvania federal judge, who instead granted the prevailing plaintiff partial JMOL on the question of willfulness (Carnegie Mellon University v. Marvell Technology Group Ltd., No. 09-290, W.D. Pa.).
DENVER - Novell Inc. failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing (PC) operating-systems market to monopolize the word-processing and spreadsheet applications markets when it withdrew access to its namespace extensions, the 10th Circuit U.S. Court of Appeals ruled Sept. 23 (Novell, Inc. v. Microsoft Corporation, No. 12-4143, 10th Cir.; 2013 U.S. App. LEXIS 19463).
SAN FRANCISCO - A nearly six-year-old stay of patent infringement litigation pending against Apple Inc., Sony Network Entertainment International LLC and others will remain in place, a California federal judge ruled Sept. 19 (Ho Keung Tse v. Apple Inc. et al., No. 06-6573, N.D. Calif.).
MARSHALL, Texas - A federal jury in Texas on Sept. 19 awarded Retractable Technologies Inc.(RTI) $133,508,014 in damages against Becton, Dickinson & Co. (BD) for attempted monopolization of the market for safety syringes through deceptive practices (Retractable Technologies, Inc., et al. v. Becton Dickinson & Company, No. 2:08-cv-16, E.D. Texas).
TAMPA, Fla. - A dispute over allegedly unauthorized use of the "Wyndham" trademarks will proceed, a Florida federal judge ruled Sept. 19 (Wyndham Hotels and Resorts LLC et al. v. Timeshares Direct Inc. et al., No. 13-195, M.D. Fla.).
INDIANAPOLIS - Efforts by defendant Dale Earnhardt Inc. (DEI) to move allegations of copyright infringement from the U.S. District Court for the Southern District of Indiana to the U.S. District Court for the Western District of North Carolina were successful on Sept. 18 (Sharon Chobat v. Dale Earnhardt Inc. and Teresa Earnhardt, No. 12-1041, S.D. Ind.).
NEW YORK - Vimeo LLC won partial summary judgment Sept. 18 on its entitlement to a safe harbor defense to copyright infringement allegations levied by a group of record labels in a New York federal court (Capitol Records LLC et al. v. Vimeo LLC, No. 09-10101, S.D. N.Y.).
WASHINGTON, D.C. - An Ohio federal judge improperly denied a prevailing patent infringement defendant an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Sept. 19 (Buckhorn Corporation et al. v. ORBIS Corporation, No. 12-1643, Fed. Cir.).
NEW YORK - Text message service companies alleging that wireless communication companies, a trade organization and aggregators conspired to restrain trade and monopolize the market for application-to-person (A2P) text messages must arbitrate their federal antitrust claims, a federal judge in New York ruled Sept. 16 (In re A2P SMS Antitrust Litigation [All Actions], No. 12 CV 2656, S.D. N.Y.; 2013 U.S. Dist. LEXIS 132303).
CHICAGO - A defendant's request for production of certain financial documents by a copyright infringement plaintiff was granted, in part, by an Illinois federal judge on Sept. 16 (John Wiley & Sons Ltd. v. McDonnell, Boehnen, Hulbert & Berghoff, No. 12-1446, N.D. Ill.).
RICHMOND, Va. - "Liking" a campaign page on Facebook, a social networking website, is akin to placing a political sign in one's front yard and falls under the protection of free speech, a Fourth Circuit U.S. Court of Appeals panel ruled Sept. 18 in a lawsuit filed by former employees of the Hampton, Va., Sheriff's Office who claim that they were denied reappointment after supporting the sheriff's electoral opponent (Bobby Bland, et al. v. B.J. Roberts, individually and in his capacity as Sheriff of the City of Hampton, Virginia, No. 12-1671, 4th Cir.; 2013 U.S. App. LEXIS 19268).
WASHINGTON, D.C. - In a Sept. 17 order accompanying redacted versions of two previously issued rulings, a U.S. Foreign Intelligence Surveillance Court (FISC) judge held that under the U.S. PATRIOT Act, certain requests for business records of telephone service providers by the Federal Bureau of Investigation are "lawful and required" and do not violate the Fourth Amendment to the U.S. Constitution (In Re: Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things, No. BR 13-109, FISC).
WILMINGTON, Del. - A Delaware federal judge on Sept. 16 found that an amended complaint "does not contain sufficient facts to support an inference" that Google Inc. "specifically intended or encouraged others to directly infringe" numerous cloud computing patents (Clouding IP LLC v. Google Inc., No. 12-639, D. Del.).
HOUSTON - Efforts by a defendant to obtain dismissal of indirect and willful patent infringement allegations were denied Sept. 16 by a Texas federal judge (eWatch Inc. v. Avigilon Corp., No. 13-347, S.D. Texas).
FORT LAUDERDALE, Fla. - A Florida federal judge on Sept. 13 granted a temporary restraining order (TRO) to six manufacturers of golf balls, bags, putters and related supplies against the operators of a list of accused counterfeiter websites, ordering temporary shutdown of the sites (Acushnet Co., et al. v. Onlinegolfsale.us, et al., No. 0:13-cv-61895, S.D. Fla.; 2013 U.S. Dist. LEXIS 131133).