SAN ANTONIO - Screenshots that appear to show a plaintiff's CD for sale on various merchant websites "are not conclusive evidence of infringement," a Texas federal judge ruled Feb. 21, denying the plaintiff summary judgment (Herman Leon Brickey v. Amazon.com Inc., et al., No. 13-961, W.D. Texas).
NEW YORK - A declaratory judgment copyright action over stock photographs will proceed in part, thanks to a Feb. 21 ruling by a New York federal judge (John Wiley & Sons Inc. v. DRK Photo, No. 11-5454, S.D. N.Y.).
CHICAGO - Allegations that a patent infringement plaintiff acted inequitably before the U.S. Patent and Trademark Office will proceed, an Illinois federal judge ruled Feb. 20 (Weber-Stephen Products LLC v. Sears Holding Corporation, No. 13-1686, N.D. Ill.).
WASHINGTON, D.C. - A New Jersey federal judge erred in finding that two defendants infringed a patent for the reflux drug Prevacid but properly deemed the patent valid, the Federal Circuit U.S. Court of Appeals ruled Feb. 20 (Takeda Pharmaceutical Company Limited, et al. v. Zydus Pharmaceuticals USA Inc., No. 13-1406, Fed. Cir.).
NEW YORK - Generic drug manufacturers Ranbaxy Pharmaceuticals Inc. and Teva Pharmaceuticals USA Inc. have agreed to pay the State of New York $150,000 each and to end their "pay-to-delay" agreement relating to generic versions drugs, the New York Attorney General's Office announced Feb. 19 (In the Matter of the Investigation by Eric T. Schneiderman, et al., Assurance No. 14-034, N.Y., Atty. Gen.).
EAST ST. LOUIS, Ill. - An Illinois federal judge on Feb. 14 declined to remand a class complaint over a retail chain's data breach, finding that it's plausible that the amount in controversy exceeds $5 million (Laverne Rippy v. Target Brands, Inc., No. 14-22, S.D. Ill.; 2014 U.S. Dist. LEXIS 19191).
CHICAGO - Michael Jordan may proceed with allegations that a grocery store chain violated the Lanham Act, the Seventh Circuit U.S. Court of Appeals ruled Feb. 19 (Michael Jordan v. Jewel Food Stores et al., No. 12-1992, 7th Cir.).
KANSAS CITY, Kan. - Any responsive delay by a manufacturer of computer equipment used in "mining" the virtual currency known as "Bitcoins" was due to an oversight, a Kansas federal judge found Feb. 14, granting the defendant's motion to set aside an entry of default against it and permitting the fraud claims against it to proceed (Martin Meissner v. BF Labs Inc., No. 2:13-cv-02617, D. Kan.; 2014 U.S. Dist. LEXIS 18714).
WASHINGTON, D.C. - A Delaware federal judge's holding that various claims of two asserted isobutanol patents are invalid for lack of written description was reversed Feb. 18 by the Federal Circuit U.S. Court of Appeals (Butamax Advanced Biofuels LLC v. Gevo Inc., No. 13-1342, Fed. Cir.).
SAN FRANCISCO - A federal magistrate judge in California on Feb. 14 found that a defendant company's destruction of the hard drive of a former marketing employee warranted the imposition of an adverse inference jury instruction and monetary sanctions (Jackson Family Wines Inc., et al. v. Diageo North America Inc., et al., No. 11-5639, N.D. Calif.; 2014 U.S. Dist. LEXIS 19420).
WASHINGTON, D.C. - Several U.S. government entities that have been named as defendants in three lawsuits related to the uncovered surveillance activities of the National Security Agency (NSA) by a well-known political activist and his co-plaintiffs filed an answer to the first of those suits on Feb. 14, asserting that the U.S. District Court for the District of Columbia lacks jurisdiction due to the plaintiffs' lack of standing to sue (Larry Klayman, et al. v. Barack Hussein Obama, et al., No. 1:13-cv-00851, 1:13-cv-00881 and 1:14-cv-00092, D. D.C.).
WASHINGTON, D.C. - A Washington federal judge's grant of summary judgment on behalf of an accused patent infringer was reversed Feb. 19 by the Federal Circuit U.S. Court of Appeals, which instead remanded with instructions that judgment should be entered on behalf of the patent owner (Ring & Pinion Service Inc. v. ARB Corporation Ltd., No. 13-1238, Fed. Cir.).
CENTRAL ISLIP, N.Y. - Allegations of copyright infringement levied against Black Entertainment Television (BET) Inc., Apple Inc. and others that aired a "bio-documentary" detailing a plaintiff's life story were dismissed Feb. 14 by a New York federal judge (Charles Williams v. Black Entertainment Television Inc. et al., No. 13-1459, E.D. N.Y.).
WORCESTER, Mass. - A federal magistrate judge in Massachusetts on Feb. 14 denied a plaintiff company's request for unredacted copies of four email chains that were shown to two deponents before their depositions, after finding that the communications did not refresh their memories (Accusoft Corporation v. Quest Diagnostics Inc., et al., No. 12-cv-40007-TSH, D. Mass.; 2014 U.S. Dist. LEXIS 18976).
SAN DIEGO - A California federal judge on Feb. 14 issued an order construing 10 disputed claim terms in a patent dispute centering on features in the popular "Fish World" and "Candy Shop" video games, including items pertaining to interrupting the game, user demographics and the use of real or virtual currency to obtain certain advantages within the games (GameTek LLC v. Facebook Inc., et al., No. 3:12-cv-00501, S.D. Calif.; 2014 U.S. Dist. LEXIS 19266).
MARSHALL, Texas - Efforts by Toshiba America Information Systems Inc. and Toshiba Corp. (Toshiba, collectively) to obtain dismissal of allegations that they infringed three patents were unsuccessful on Feb. 14, when a Texas federal judge instead ruled that the case may proceed (Tierra Intelectual Borinquen Inc. v. Toshiba America Information Systems Inc. and Toshiba Corp., No. 13-47, E.D. Texas).
SEATTLE - The owner of a copyrighted film failed to properly allege that four named defendants were responsible for the purported illegal online downloading of its movie, a Washington federal judge ruled Feb. 14, granting the defendants' motion to dismiss for failure to state a claim upon which relief can be granted (The Thompsons Film LLC v. Does 1-194, No. 2:13-cv-00560, W.D. Wash.; 2014 U.S. Dist. LEXIS 19179).
PHILADELPHIA - A glass products manufacturer's operation of an interactive website, in conjunction with its "non-website related activities," serves to establish that it purposefully availed itself of jurisdiction in Pennsylvania, a Pennsylvania federal judge ruled Feb. 12, denying the defendant's motion to dismiss or transfer venue (Bent Glass Design v. Scienstry Inc., No. 2:13-cv-04282, E.D. Pa.; 2014 U.S. Dist. LEXIS 17645).
BOSTON - On Feb. 12, the federal judge in Massachusetts overseeing the multidistrict litigation involving purchasers of Nexium's antitrust claims - that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the medication out of the market - made rulings on pending summary judgment motions and continued the date the trial was to commence (In re Nexium [Esomeprazole] Antitrust Litigation, No. 12-md-02409, D. Mass.; 2014 U.S. Dist. LEXIS 17718).
SALT LAKE CITY - A hunting supplies manufacturer's website is sufficiently interactive to confer Utah jurisdiction over it in a patent lawsuit, a Utah federal judge ruled Feb. 10, denying a motion to dismiss (Parah LLC, et al. v. G' Strat LLC, No. 2:13-cv-00756, D. Utah; 2014 U.S. Dist. LEXIS 17219).
SAN FRANCISCO - A dispute between two competitors in the market for digital evidence-related software used by law enforcement agencies was resolved Feb. 11 by a California federal judge, who sided squarely with a copyright infringement defendant (VeriPic Inc. v. Foray Technologies LLC, No. 12-3762, N.D. Calif.).
CENTRAL ISLIP, N.Y. - Applying the "injury rule," a New York federal judge on Feb. 12 agreed to dismiss some copyright infringement allegations levied against the makers of electronic voting machines (Cael Technologies v. Precise Voting LLC et al., No. 13-1470, E.D. N.Y.).
WASHINGTON, D.C. - A Delaware federal judge did not err in holding a patent invalid under 35 U.S. Code Section 102(g)(2), the Federal Circuit U.S. Court of Appeals held Feb. 12 in a divided opinion (Solvay S.A. v. Honeywell International, No. 12-1660, Fed. Cir.).
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 10 denied Apple Inc.'s motion to stay pending appeal the portion of a district court's order that imposed an external compliance monitor after the district court ruled that Apple conspired with publishers to fix prices of electronic books (United States of America v. Apple Inc., Nos. 13-3741, 14-60, 2nd Cir.; Texas, et al. v. Apple Inc., No. 14-61, 2nd Cir.).
KANSAS CITY, Kan. - A dispute over two business method patents was stayed by a Kansas federal magistrate judge on Feb. 11, as long as a defendant files its petition for review by the U.S. Patent and Trademark Office by a Feb. 12 deadline (Career Destination Development LLC v. Indeed Inc., No. 13-2486, D. Kan.).