ROCHESTER, N.Y. - Efforts by a copyright infringement plaintiff to hold a former licensee responsible for copying designs that were pitched and rejected failed June 10, when a New York federal judge instead granted the defendant summary judgment (Barbara McDonald v. K-2 Industries Inc. d/b/a Pavilion Gift Company, No. 10-6678, W.D. N.Y.; 2015 U.S. Dist. LEXIS 75205).
WASHINGTON, D.C. - A California federal judge's determination that a coenzyme-producing patent was not infringed by three defendants was vacated, in part, by the Federal Circuit U.S. Court of Appeals on June 10 (Kaneka Corporation v. Xiamen Kingdomway Group Company, et al., Nos. 14-1373, -1399, Fed. Cir.).
WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that deemed various patent claims invalid as obvious and anticipated under 35 U.S. Code Sections 102(b) and 103(a) was reversed and remanded June 10 by the Federal Circuit U.S. Court of Appeals (Acme Scale Company Inc. v. LTS Scale Company LLC, No. 14-1721, Fed. Cir.).
LOS ANGELES - Although agreeing with a defendant that a plaintiff's theories of forward and reverse confusion with regard to trademark infringement liability must fail, a California federal judge on June 8 stopped short of canceling the "Oculu" mark (Oculu LLC v. Oculus VR Inc., No. 14-196, C.D. Calif.; 2015 U.S. Dist. LEXIS 74666).
WASHINGTON, D.C. - A stipulated final judgment of noninfringement and invalidity with regard to a video conversion patent was vacated and remanded by the Federal Circuit U.S. Court of Appeals on June 9 because the stipulation was based on an erroneous claim construction (Virginia Information Sciences Inc. v. Samsung Electronics Co. Ltd. et al., No. 14-1477, Fed. Cir.; 2015 U.S. App. LEXIS 9568).
INDIANAPOLIS - A plaintiff who voluntarily dismissed his copyright infringement claims must pay a defendant $33,974.65 in attorney fees, an Indiana federal judge ruled June 8 (Richard N. Bell v. Charles Lantz, No. 13-35, S.D. Ind.; 2015 U.S. Dist. LEXIS 73616).
WASHINGTON, D.C. - An inventor's attempt to patent a combination of coffee grounds and honey for the treatment of certain viral illnesses was properly rejected by the U.S. Patent and Trademark Office (PTO), the Federal Circuit U.S. Court of Appeals found June 8 (In re: Gilbert Gee, No. 15-1145, Fed. Cir.).
SAN JOSE, Calif. - A federal judge in California on June 5 dismissed a state unfair competition law (UCL) claim from a dispute over whether an enterprise mobility management (EMM) solutions provider disseminated marketing materials disparaging the quality of the plaintiff's mobile data and device management technologies but allowed claims brought under the Lanham Act to continue (Good Technology Corp., et al. v. MobileIron Inc., No. 12-5826, N.D. Calif.; 2015 U.S. Dist. LEXIS 73271).
DETROIT - A patent dispute between two competitors in the field of video management software and systems will proceed, a Michigan federal judge ruled June 5 (JDS Technologies Inc. v. Avigilon USA Corporation Inc. and Avigilon Corp., No. 15-10385, E.D. Mich.; 2015 U.S. Dist. LEXIS 73217).
FORT MYERS, Fla. - A declaratory judgment defendant's counterclaim of inequitable conduct was dismissed June 5 by a Florida federal judge (Chico's Fas Inc. v. Andrea Clair et al., No. 13-792 M.D. Fla.; 2015 U.S. Dist. LEXIS 73052).
LOS ANGELES - Efforts by photographer Barry Rosen, who previously sued eBay Inc. over its "Verified Rights Owner" (VERO) program (Barry Rosen v. eBay Inc. and Does 1 through 1000, No. 07-7531, C.D. Calif.), to subpoena the online auction site pursuant to the Digital Millennium Copyright Act (DMCA) were partly thwarted by a California federal magistrate judge on June 5 (In re: DMCA Subpoena to eBay Inc., No. 15-922, S.D. Calif.; 2015 U.S. Dist. LEXIS 73341).
SAN FRANCISCO - Despite prevailing on allegations that it infringed the "Fitbug" trademark, Fitbit Inc. was denied an award of attorney fees June 5 by a California federal judge (Fitbug Ltd. v. Fitbit Inc., No. 13-1418, N.D. Calif.; 2015 U.S. Dist. LEXIS 73325).
WASHINGTON, D.C. - A Florida federal judge erred denying a motion to dismiss, on standing grounds, a dispute over a prosthetic liner patent, the Federal Circuit U.S. Court of Appeals ruled June 5 (Alps South LLC v. The Ohio Willow Wood Company, Nos. 13-1452, -1488, 14-1147, -1426, Fed. Cir.).
WASHINGTON, D.C. - Despite a decision by the U.S. Supreme Court to vacate and remand an earlier reversal by the Federal Circuit U.S. Court of Appeals of a Florida federal judge's claim construction in light of Teva Pharmaceuticals USA Inc. v. Sandoz Inc. (135 S. Ct. 831 ), the Federal Circuit on June 2 held firm, again rejecting the constructions (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 13-1409, Fed. Cir.).
WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly sustained an opposition by Swatch AG of a trademark application for "iWatch" on grounds that the applicant lacked a bona fide intent to use the mark in commerce, the Federal Circuit U.S. Court of Appeals ruled June 4 (M.Z. Berger & Co. Inc. v. Swatch AG, No. 14-1219, Fed. Cir.; 2015 U.S. App. LEXIS 9276).
NEW YORK - Google Inc. moved in New York federal court on June 1, seeking to compel three movie studios to comply with discovery subpoenas served on them in a lawsuit in Mississippi federal court in which Google asserts constitutional violations in Mississippi Attorney General Jim Hood's investigation of it under the Mississippi Consumer Protection Act (MCPA) (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).
FORT MYERS, Fla. - A Florida federal judge on June 3 limited the testimony of a damages expert in a patent dispute, directed the expert to file an amended total royalty analysis and questioned the expert's qualifications, reserving ruling on whether he is qualified until he is questioned at trial (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 71716).
TAMPA, Fla. - A Florida federal judge on June 1 held that there are material issues of fact to be determined by a trier of fact regarding whether an insurer is estopped from denying coverage for underlying copyright infringement claims brought against a designer of pre-drawn home plans (State National Insurance Company Inc. v. Highland Holdings Inc., et al., No. 8:14-cv-00524, M.D. Fla.; 2015 U.S. Dist. LEXIS 70616).
WASHINGTON, D.C. - Finding no error in a rejection by the Trademark Trial and Appeal Board (TTAB) of a petition to cancel the "Colorworx" trademark, the Federal Circuit U.S. Court of Appeals on June 3 affirmed (Joel Beling v. Ennis Inc., No. 15-1157, Fed. Cir.).
KANSAS CITY, Kan. - A dispute over paperboard cars used by a restaurant to serve children's meals will proceed without a copyright infringement claim, a Kansas federal judge ruled June 2 (Kid Stuff Marketing Inc. v. Creative Consumer Concepts Inc. et al., No. 15-2620, D. Kan.; 2015 U.S. Dist. LEXIS 70779).
MIAMI - A Florida federal judge on June 1 agreed with two declaratory judgment patent infringement plaintiffs that a defendant's counterclaims of patent infringement fail to demonstrate sufficient intent or knowledge of the patents in suit (Twentieth Century Fox Home Entertainment LLC v. Nissim Corp., No. 14-81349; Paramount Pictures Corp. v. Nissim Corp., No. 14-81350, S.D. Fla.; 2015 U.S. Dist. LEXIS 70467).
NORFOLK, Va. - Efforts by a patent infringement defendant and inequitable conduct counterclaimant to recoup its attorney fees in connection with the litigation were unsuccessful on June 1 (Certusview Technologies LLC v. S&N Locating Services LLC et al., No. 13-346, E.D. Va.).
LAS VEGAS - A request for an indicative ruling that would reconsider his earlier dismissal, on jurisdiction grounds, of a dispute over the "MacPoker" trademark was denied June 1 by a Nevada federal judge (Best Odds Corp. v. iBus Media et al., No. 13-2008, D. Nev.; 2015 U.S. Dist. LEXIS 70509).