WASHINGTON, D.C. - A dispute over a patent owner's written correspondence to businesses and nonprofit organizations threatening infringement litigation should be heard in Vermont state court, the Federal Circuit U.S. Court of Appeals ruled Aug. 11 (In re: MPHJ Technology Investments LLC, No. 14-137, Fed. Cir.).
CHARLOTTE, N.C. - At the direction of a federal judge, the North Carolina federal bankruptcy judge overseeing the Chapter 11 case of Garlock Sealing Technologies LLC on Aug. 1 established a protocol for allowing public access to sealed documents and testimony from Garlock's asbestos liability hearing (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).
MARSHALL, Texas - A jury's verdict that a defendant directly and indirectly infringed a patent relating to cache memory but that the infringement was not willful will stand, a Texas federal judge ruled Aug. 4 (OPTi Inc. v. VIA Technologies Inc., No. 10-279, E.D. Texas).
BOSTON - A Boston University (BU) information technology employee who was laid off during a department reorganization failed to prove that his age cause his termination, the First Circuit U.S. Court of Appeals ruled July 30 (Michael Dunn v. Trustees of Boston University, No. 13-2272, 1st Cir.; 2014 U.S. App. LEXIS 14556).
PASADENA, Calif. - In light of the U.S. Supreme Court's recent ruling in American Broadcasting Companies, Inc., et al. v. Aereo, Inc., ([No. 13-461, U.S. Sup.; 2014 U.S. LEXIS 4496]), a Ninth Circuit U.S. Court of Appeals panel on July 29 dismissed an appeal that pertained to nearly identical television streaming and transmission services and technology that were deemed infringing in that case (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 13-55156, 13-55157, 13-5526 and 13-55228, 9th Cir.).
TAMPA, Fla. - A Florida federal judge on July 23 dismissed a technology liability insurer's lawsuit challenging coverage for a $347,854.58 judgment against its internet consultant insured, finding that the applicable considerations weigh in favor of abstention (Hartford Fire Insurance Co. v. Tonya Donahue, et al., No: 8:14-cv-829-T-30AEP, M.D. Fla.; 2014 U.S. Dist. LEXIS 100320).
TAMPA, Fla. - A Florida federal judge on July 23 dismissed a technology liability insurer's lawsuit challenging coverage for a $347,854.58 judgment against its Internet consultant insured, finding that the applicable considerations weigh in favor of abstention (Hartford Fire Insurance Co. v. Tonya Donahue, et al., No: 8:14-cv-829-T-30AEP, M.D. Fla.; 2014 U.S. Dist. LEXIS 100320).
WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating to cellular telephone technology (In re: Nokia Inc. and Nokia Corporation, No. 14-133, Fed. Cir.).
WILMINGTON, Del. - A patent infringement plaintiff was ordered to pay Amazon.com Inc. $130,046 in attorney fees on July 23, after a Delaware federal judge found that the plaintiff's proffered construction of a disputed claim term was objectively unreasonable (Technology Innovations LLC v. Amazon.com Inc., No. 11-690, D. Del.).
CHARLOTTE, N.C. - A North Carolina federal judge on July 23 reversed rulings by the bankruptcy judge in the Chapter 11 case of Garlock Sealing Technologies LLC sealing evidence and filings and excluding the news media from the hearing to estimate Garlock's liability for asbestos personal injury claims, finding that the bankruptcy judge erred in issuing broad protective orders that prevented public access to the hearing (Legal Newsline v. Garlock Sealing Technologies LLC, No. 13-464, W.D. N.C.).
WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology Inc. v. International Trade Commission, et al., Nos. 13-1240, -1363, Fed. Cir.).
WASHINGTON, D.C. - A Delaware federal judge properly absolved Apple Inc. of allegations that the software giant infringed two patents pertaining to the random access channel (RACH) process in wireless communication via its iPhone and iPad products, the Federal Circuit U.S. Court of Appeals ruled July 14 (Golden Bridge Technology v. Apple Inc., No. 13-1496, Fed. Cir.).
SAN JOSE, Calif. - A jury in the U.S. District Court for the Northern District of California on July 11 found no infringement by Apple Inc. of an Israeli corporation's patent related to live video and audio streaming technology (Emblaze Ltd. v. Apple Inc., No. 5:11-cv-01079, N.D. Calif.).
WASHINGTON, D.C. - A Texas federal judge did not err in failing to consider a certificate of correction issued by the U.S. Patent and Trademark Office in a smartphone application patent dispute, the Federal Circuit U.S. Court of Appeals ruled July 11 (H-W Technology L.C. v. Overstock.com Inc., Nos. 14-1054, -1055, Fed. Cir.).
ALBANY, N.Y. - An Australian technology company cannot pursue claims against a French company under California's unfair competition law (UCL) alleging that it misrepresented the performance of a licensed software product because there is no evidence that any alleged misrepresentation occurred in California and because there are no allegations of injury to the general public, a New York federal judge held July 9 (CingleVue International Pty, Ltd. v. eXo Platform NA, LLC, No. 13-818, N.D. N.Y.; 2014 U.S. Dist. LEXIS 93634).
WASHINGTON, D.C. - A Texas federal judge did not err in denying a motion to modify a damages award following a defendant's partly successful appeal of a patent infringement judgment, the Federal Circuit U.S. Court of Appeals ruled July 7 (Retractable Technologies Inc. v. Becton, Dickinson and Company, No. 13-1567, Fed. Cir.).
CINCINNATI - A beverage company's damages expert has "specialized knowledge, experience, training, and education" to be useful in the damages phase of a dispute over a bottling contract dispute, an Ohio federal judge ruled June 26, denying a motion to exclude (Dominion Liquid Technologies LLC v. GT Beverage Co. LLC, et al., No. 1:11-cv-00444, S.D. Ohio; 2014 U.S. Dist. LEXIS 87075).
WASHINGTON, D.C. - Yahoo! Inc. was properly granted summary judgment that it does not infringe two patents relating to the addition of functionality, such as media or advertisements, to a web page, the Federal Circuit U.S. Court of Appeals ruled June 20 (Augme Technologies Inc. v. Yahoo! Inc., Nos. 13-1121, -1195, Fed. Cir.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 10 found that a lower federal court erred when it entered final judgment pursuant to Federal Rule of Civil Procedure 54(b) against an insurer, concluding that the lower court left unresolved issues in a coverage dispute arising from an industrial accident that occurred on a decommissioned platform off the Louisiana coast (Tetra Technologies, et al. v. Continental Insurance Co., No. 13-30516, 5th Cir.; 2014 U.S. App. LEXIS 10811).
WASHINGTON, D.C. - In a unanimous holding on June 2, the U.S. Supreme Court found that a defendant is not liable for inducing infringement under 35 U.S. Code Section 271(b) when no one has directly infringed under Section 271(a) or "any other statutory provision" (Limelight Networks Inc. v. Akamai Technologies Inc. and The Massachusetts Institute of Technology, No. 12-786, U.S. Sup.).
CHICAGO - An Illinois federal judge on May 27 denied a request by Microsoft Corp. for dismissal of patent infringement allegations levied in connection with video-streaming technology (Video Streaming Solutions LLC v. Microsoft Corp., No. 13-7031, N.D. Ill.).
WASHINGTON, D.C. - A decision by a patent examiner with the Central Reexamination Unit (CRU) that was later upheld by the U.S. Patent and Trademark Office's (PTO) Board of Patent Appeals and Interferences confirming that two claims of a hearing aid patent are not obvious was upheld by the Federal Circuit U.S. Court of Appeals May 27 (K/S HIMPP v. Hear-Wear Technologies LLC, No. 13-1549, Fed. Cir.).
WASHINGTON, D.C. - A Virginia federal judge did not err in finding that three claims of a computer server controller patent are invalid as anticipated by a "Usenet" newsgroup post, the Federal Circuit U.S. Court of Appeals ruled May 27 (Suffolk Technologies LLC v. AOL Inc. and Google Inc., No. 13-1392, Fed. Cir.).
CINCINNATI - Claims that a producer of oxidates monopolized the domestic market for the product following its purchase of a competitor's product line in violation of federal and state antitrust laws were untimely filed, the Sixth Circuit U.S. Court of Appeals affirmed May 23, concluding that the producer's raising prices and enforcing a noncompete clause under the acquisition agreement were not new and independent acts that were unrelated to the merger and, therefore, did not retrigger the date from which the statute of limitations is measured (Z Technologies Corporation v. The Lubrizol Corporation, No. 13-1254, 6th Cir.; 2014 U.S. App. LEXIS 9597).