WASHINGTON, D.C. - A man convicted of making threats against his co-workers and others via online postings tells the U.S. Supreme Court in his Aug. 15 petitioner brief that a violation of the 16 U.S. Code Section 875(c) prohibitions against threatening communications requires a showing of intent to harm and not merely consideration of how others might interpret such communications (Anthony Douglas Elonis v. United States of America, No. 13-983, U.S. Sup.).
GREENSBORO, N.C. - The Leather Industry of America Inc. (LIA) was absolved Aug. 19 by a North Carolina federal judge of allegations of false advertising in connection with statements by its director that it is deceptive and fraudulent to refer to bonded leather as "leather" (Design Resources Inc. v. Leather Industry of America, et al., No. 10-157, M.D. N.C.).
WASHINGTON, D.C. - A District of Columbia federal judge on Aug. 18 denied a commercial liability insurer's motion to reconsider its previous ruling that the insurer failed to properly reserve its rights to disclaim coverage of an underlying class action for violation of the Telephone Consumer Protection Act (The Cincinnati Insurance Co. v. All Plumbing Inc., et al., No. 12-851 [CKK], D. D.C.; 2014 U.S. Dist. LEXIS 114054).
PITTSBURGH - Applying the recently established standard for Lanham Act prudential standing established in Lexmark Int'l Inc. v. Static Control Components Inc. (572 U.S. __ 134 S. Ct. 1377, 1384 $(2014$)), a Pennsylvania federal judge on Aug. 18 granted a defendant summary judgment on allegations that it falsely advertised that a plaintiff remained an employee after he was fired (Gary Lundgren v. Ameristar Credit Solutions Inc., No. 12-263, W.D. Pa.).
WASHINGTON, D.C. - A Pennsylvania federal judge's construction of several disputed patent claims was not clearly erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 15 (John R. Gammino v. Sprint Communications Company, et al., Nos. 13-1636, 14-1016, Fed. Cir.).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower federal court's ruling that an insurer has no duty to defend or indemnify its insured against underlying claims that it misappropriated trade secrets by improperly accessing a claimant's customer database and obtaining and using confidential customer information for its commercial benefit (Liberty Corporate Capital Limited v. Security Safe Outlet, et al., No. 13-5539, 6th Cir.; 2014 U.S. App. LEXIS 15777).
LAS VEGAS - A software support services firm exceeded the scope of its developer license agreement with Oracle USA Inc. by downloading multiple copies of Oracle's database software when it was only licensed to download a single copy for application purposes, a Nevada federal judge ruled Aug. 13, granting Oracle's motion for partial summary judgment on copyright infringement (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.; 2014 U.S. Dist. LEXIS 112591).
WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion in finding that Apotex Inc. and Apotex Corp. (Apotex, collectively) acted inequitably while prosecuting a patent covering the hypertension drug moexipril, the Federal Circuit U.S. Court of Appeals ruled Aug. 15 (Apotex Inc., et al. v. UCB Inc., et al., No. 13-1674, Fed. Cir.).
WASHINGTON, D.C. - A Virginia federal judge's holding that two patents asserted against several high-profile defendants were not obvious was reversed Aug. 15 by the Federal Circuit U.S. Court of Appeals (I/P Engine Inc. v. AOL Inc. et al., Nos. 13-1307, -1313, Fed. Cir.).
CHICAGO - Upholding a trial court's dismissal of a software firm's trademark claims based on the use of a similarly named fictitious program within a Batman motion picture, a Seventh Circuit U.S. Court of Appeals panel on Aug. 14 deemed the claims to be implausible and without any evidence of likelihood of confusion (Fortres Grand Corp. v. Warner Bros. Entertainment Inc., No. 13-2337, 7th Cir.; 2014 U.S. App. LEXIS 15609).
WILMINGTON, Del. - Two generic drug manufacturers that prevailed at a bench trial but later lost on appeal to the Federal Circuit U.S. Court of Appeals won a summary judgment Aug. 14 that their infringement was not willful (Anesta AG, et al. v. Mylan Pharmaceuticals Inc., et al., No. 08-889, D. Del.).
SAN JOSE, Calif. - Absent any economic injury, a California woman cannot pursue class claims under the state's unfair competition law (UCL) alleging that Google Inc. unlawfully discloses users' personal information to third-party developers of mobile applications when users purchase apps in the Google Play store using Google Wallet, a federal judge held Aug. 12 (Alice Svenson v. Google Inc. and Google Payment Corporation, No. 13-04080, N.D. Calif.; 2014 U.S. Dist. LEXIS 111810).
CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).
MINNEAPOLIS - A patent infringement defendant's attempt to assert that the patent in suit is invalid failed Aug. 12, when a Minnesota federal magistrate judge struck the contention as untimely and improperly disclosed (BreatheableBaby LLC v. Crown Crafts Inc., No. 12-94, D. Minn.).
CHICAGO - An attorney's claim that the Illinois Attorney Registration and Disciplinary Commission (IARDC) committed copyright infringement when using portions of her copyrighted blog as evidence against her in a disciplinary proceeding was rejected by an Illinois federal judge on Aug. 12 (JoAnne M. Denison v. Jerome Larkin, et al., No. 14-1470, N.D. Ill.).
WASHINGTON, D.C. - The plaintiffs in cases seeking relief from the surveillance and data collection activities of the National Security Agency (NSA) ask the District of Columbia Circuit U.S. Court of Appeals in an Aug. 13 appellee brief to uphold a lower court's grant of a preliminary injunction related to their Fourth Amendment appeal (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).
FLINT, Mich. - An ex-employee's email and phone record metadata "fall within the heartland" of a mission support company's breach of contract and trade secrets complaint against him, a Michigan federal judge ruled Aug. 8, denying the man's motion to quash a subpoena served on his cell phone company and Internet service provider (ISP) (Systems Products and Solutions Inc. v. Joseph Scramlin, No. 4:13-cv-14947, E.D. Mich.; 2014 U.S. Dist. LEXIS 109389).
BALTIMORE - Two drug makers were awarded a preliminary injunction on Aug. 12, despite a Maryland federal judge's conclusion in February 2014 that a disputed patent is invalid as obvious (Par Pharmaceuticals Inc. and Alkermes Pharma Ireland Limited v. TWi Pharmaceuticals Inc., No. 11-2466, D. Md.).
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.).
DALLAS - Although a Texas federal judge found some of Yahoo Inc.'s counterclaims against a former promotional partner to be duplicative and unsupported in an Aug. 11 ruling, the judge declined to dismiss contractual and trade secrets claims related to an online $1 billion college basketball contest, finding them sufficiently pleaded (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).
SAN JOSE, Calif. - Google Inc. did not fully comply with a discovery order by producing only information it believed was relevant to a particular category of data, a California federal magistrate judge ruled Aug. 8, granting in part a motion for sanctions by the lead plaintiff in a putative class action alleging fraud in the Internet giant's AdWords program (Rick Woods, et al. v. Google Inc., No. 5:11-cv-01263, N.D. Calif.).
SAN FRANCISCO - A California federal judge did not err in awarding summary judgment and a permanent injunction in favor of a trademark infringement plaintiff, the Ninth Circuit U.S. Court of Appeals ruled Aug. 11, because the plaintiff established ownership of a valid trademark and that a defendant's use was likely to cause confusion (Southern California Darts Association v. Dina M. Zaffina and Southern California Darts Association Inc., No. 13-55780, 9th Cir.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 8 amended its January 2014 ruling in a dispute over the "Hendrix" trademark by removing a footnote pertaining to the Washington Personality Rights Act (WPRA) (Experience Hendrix LLC and Authentic Hendrix LLC v. HendrixLicensing.com Ltd. d/b/a Hendrix Artwork and HendrixArtwork.com and Andrew Pitsicalis, Nos. 11-35858, 11-35872, 9th Cir.).
SEATTLE - A commercial general liability insurer has no duty to defend or indemnify its insured against two class action lawsuits alleging violations of Michigan's Video Rental Privacy Act (VRPA) and California's Song-Beverly Credit Card Act, a Washington federal judge ruled Aug. 7, granting the insurer's motion for summary judgment in part (National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar Inc., et al., No. C13-1014-JCC, W.D. Wash.; 2014 U.S. Dist. LEXIS 109338).