SAN FRANCISCO - Social media firm Twitter Inc. filed suit in California federal court Oct. 7, seeking a declaration that its First Amendment rights have been violated by the federal government's forbidding Twitter from revealing the extent or type of national security requests it has received as part of the government's surveillance program (Twitter Inc. v. Eric Holder, et al., No. 3:14-cv-04480, N.D. Calif.).
CINCINNATI - Allegations by a pro se plaintiff that AT&T Inc. infringed his copyrighted ringtones for mobile telephones were dismissed for lack of personal jurisdiction on Oct. 7 by an Ohio federal judge (Blake Best v. Mobile Streams Inc., et al., No. 12-564, S.D. Ohio).
NEW YORK - A limitation-of-liability clause in a former contract between a trademark and unjust enrichment plaintiff and defendant should have limited any post-termination damages, the Second Circuit U.S. Court of Appeals ruled Oct. 8 (My Play City Inc. v. Conduit Ltd., Nos. 13-2012, -2279, 2nd Cir.).
ATLANTA - The initiation by nonparty International Business Machines (IBM) Corp. of an inter partes re-examination (IPR) of various claims of five data encryption patents resulted in the grant of a stay of patent litigation Oct. 7 by a Georgia federal judge (Intellectual Ventures II LLC v. SunTrust Banks Inc., et al., No. 13-2454, N.D. Ga.).
WASHINGTON, D.C. - Patent owner Warner Chilcott Co. LLC successfully persuaded the Federal Circuit U.S. Court of Appeals on Oct. 6 to dismiss a generic drug maker's cross-appeal as improper (Warner Chilcott Company LLC v. Lupin Ltd., No. 14-1582, Fed. Cir.).
ATLANTA - Allegations that the 2010 film "Lottery Ticket" infringed upon the 2005 book "First Round Lottery Pick" were rejected Oct. 7 by a Georgia federal judge, acting in response to cross-motions for summary judgment (Franklin White v. Alcon Film Fund LLC, et al., No. 13-1163, N.D. Ga.).
LAS VEGAS - A Nevada federal judge on Oct. 3 construed several disputed claim terms in three business method patents covering wireless technology after finding that a defendant's request for a stay must be denied (Unwired Planet LLC v. Square Inc., No. 13-579, D. Nev.).
CHICAGO - Insurers have no duty to defend their cellular technology company insured against Motorola Inc.'s claims that it misappropriated proprietary trade secrets and confidential information, an Illinois federal judge ruled Sept. 30, further finding that the insurers did not act in bad faith (Lemko Corp. v. Federal Insurance Co., et al., No. 12-03283, N.D. Ill.; 2014 U.S. Dist. LEXIS 138667).
DETROIT - A trademark dispute between two makers of dental instruments will proceed, a Michigan federal judge ruled Sept. 30 in denying summary judgment (End Products Results LLC v. Dental USA Inc., No. 12-11546, E.D. Mich.).
ST. PAUL, Minn. - Because a computer systems fraud was the overriding cause of a bank insured's loss, the insured is entitled to summary judgment on its claim for breach of contract and the insurer owes coverage under a financial institution bond for the insured's loss arising from a fraudulent wire transfer, a Minnesota judge ruled Sept. 29 (State Bank of Bellingham v. BancInsure Inc., et al., No. 13-cv-0900, D. Minn.; 2014 U.S. Dist. LEXIS 136849).
DETROIT - A prevailing trademark owner and declaratory judgment defendant cannot pursue an award of attorney fees, a Michigan federal judge ruled Sept. 30 (Lucky's Detroit LLC v. Double L Inc., No. 09-14622, E.D. Mich.).
CHICAGO - A dispute between co-inventors of a patented heating device for use in automotive repairs was partly resolved Sept. 30 by an Illinois federal judge, who found that standing is lacking with regard to infringement pursuant to WiAV Solutions LLC v. Motorola Inc. (631 F.3d 1257, 1264-65 [Fed. Cir. 2010]) (Induction Innovations Inc. and Sarge Holdings Company LLC v. David Pacholok, No. 13-5102, N.D. Ill.).
OAKLAND, Calif. - Criticisms of both sides' expert opinions in an antitrust class action related to Apple Inc.'s iTunes store and iPod devices go to weight, not admissibility, a California federal judge concluded Sept. 26, denying both sides' motions to exclude testimony under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 ) (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.; 2014 U.S. Dist. LEXIS 136437).
WASHINGTON, D.C. - A decision by the Patent Trial and Appeals Board that partly confirmed the validity of a patented method of press fitting weights to a golf club erroneously failed to consider the general knowledge possessed by one skilled in the art at the time, the Federal Circuit U.S. Court of Appeals ruled Sept. 30 (In re: Taylor Made Golf Company Inc., No. 13-1552, Fed. Cir.).
NEW YORK - Allegations that Apple Inc. infringed when it adopted the trademark "iBooks" in connection with its e-book application for the iPad, iPod and iPhone were properly rejected on summary judgment by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled Sept. 29 (J.T. Colby & Company Inc. v. Apple Inc., No. 13-2227, 2nd Cir.).
PORTLAND, Ore. - One day after insureds agreed to dismiss all of the counterclaims against their homeowners insurer, an Oregon federal judge on Sept. 26 dismissed with prejudice the insurer's declaratory judgment lawsuit challenging coverage for underlying claims stemming from alleged cyberbullying and sexting among a group of high school students (Allstate Indemnity Co. v. Kelli Puzey, et al., No. 13-01520, D. Ore.).
HARTFORD, Conn. - A Connecticut federal judge on Sept. 24 granted author Stephen King dismissal of allegations that he infringed the copyrighted work "The Haunting of Addie Longwood" (Haunting) (Yolanda Acker v. Stephen King, No. 13-1717, D. Conn.).
CHARLESTON, W.Va. - A motion for judgment on the pleadings by a trademark infringement defendant and counterclaimant was denied Sept. 25 by a West Virginia federal judge (The Webb Firm PLLC v. The Webb Law Firm PC, No. 13-21470, S.D. W.Va.).
CHICAGO - Allegations that The Coca-Cola Co. infringed upon the "Naturally Zero" trademark were rejected on summary judgment Sept. 24 by an Illinois federal judge (Mirza N. Baig and Bluesprings Water Co. v. The Coca-Cola Company, No. 08-4206, N.D. Ill.).
WASHINGTON, D.C. - U.S. Judge Leonard P. Stark of the District of Delaware did not err in staying a patent dispute over a method for converting retirement benefits, the Federal Circuit U.S. Court of Appeals ruled Sept. 25 (Benefit Funding Systems LLC, et al. v. Advance America Cash Advance Centers Inc., et al., Nos. 14-1122, -1124, -1125, Fed. Cir.).
OMAHA, Neb. - A damages expert's "unique and largely untested method of calculating damages" did not sufficiently apportion a technology firm's purported patent infringement damages from the defendants' profits, a Nebraska federal judge ruled Sept. 22, granting the defendants' motion to exclude per Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579, 492 ) and Federal Rule of Evidence 702 in a dispute over two wireless network authorization patents (Prism Technologies LLC v. AT&T Mobility LLC, et al., Nos. 8:12-cv-00122, 8:12-cv-00123, 8:12-cv-00124, 8:12-cv-00125 and 8:12-cv-00126, D. Neb.; 2014 U.S. Dist. LEXIS 132619).
ATLANTA - A Florida federal judge did not err in ordering a copyright infringement plaintiff to reimburse three prevailing defendants their attorney fees, the 11th Circuit U.S. Court of Appeals affirmed Sept. 24 (InDyne Inc. v. Abacus Technology Corp., et al., No. 14-11058, 11th Cir.).
LOS ANGELES - A California federal judge on Sept. 22 dismissed on summary judgment allegations that a corporation infringed four particle-counting patents (Aleksandr L. Yufa v. TSI Incorporated, No. 12-1614, C.D. Calif.).
WILMINGTON, Del. - A complaint that sought a declaration of patent unenforceability was dismissed by a Delaware federal judge on Sept. 23 (Goodman Manufacturing Company LP v. Carrier Corporation, No. 13-2014, D. Del.).
SAN FRANCISCO - Yelp Inc. was hit with a $450,000 penalty for collecting personal information from children under 13 in violation of the Children's Online Privacy Protection Act of 1998 (COPPA) via its smartphone applications (apps) in a stipulated order signed by a California federal judge on Sept. 22 (United States of America v. Yelp Inc., No. 3:14-cv-04163, N.D. Calif.).