SAN FRANCISCO - A California federal magistrate judge on Sept. 18 granted dismissal of unregistered trademark dilution and common-law trademark infringement claims but will allow a pro se plaintiff leave to amend his complaint (Akeem O. Brown v. Shawn David Green et al., No. 12-2113, N.D. Calif.). Subscribers may view the order available within the full article.
PHILADELPHIA - A federal judge in Pennsylvania on Sept. 14 declined to reconsider or to certify for interlocutory appeal his ruling declining to dismiss allegations by a developer of technology used to locate mobile handsets that three corporate members of a standard-setting organization (SSO) engaged in a conspiracy to exclude the developer's technology from the SSO's standard (TruePosition, Inc. v. LM Ericsson Telephone Company, et al., No. 11-4574, E.D. Pa.; 2012 U.S. Dist. LEXIS 131453).
NEW YORK - Three weeks after a New York federal judge declined to stay a copyright infringement lawsuit over the Google Library Project (GLP), a Second Circuit U.S. Court of Appeals judge on Sept. 17 reversed that ruling, ordering that the trial court proceedings be stayed until an appeal over class certification in the case is resolved (The Authors Guild, et al. v. Google Inc., No. 12-2402, 2nd Cir.). View related prior history, 2012 U.S. Dist. LEXIS 76080.
WASHINGTON, D.C. - A California federal judge's order unsealing certain financial and marketing documents in a high-stakes patent infringement lawsuit was stayed Sept. 18 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics Co. Ltd., Nos. 12-1600, 1606, Fed. Cir.). View related prior history, 2012 U.S. App. LEXIS 18890.
ALEXANDRIA, Va. - Even though six in rem Internet domain defendants are in default because they have not responded to cybersquatting claims against them, a Virginia federal judge on Sept. 17 denied a motion for default judgment because he found that the plaintiff had not yet met its burden to prove infringement (Bright Imperial Ltd. v. RT MediaSolutions, S.R.O., et al., No. 1:11-cv-00935, E.D. Va.).
LOS ANGELES - Finding that a defendant's use of voiceovers and certain editing and production techniques added "something new" to four underlying Jewish films, a California federal judge on Sept. 14 granted summary judgment on copyright infringement claims (National Center for Jewish Film v. Riverside Films LLC and Joseph Dorman, No. 12-44, C.D. Calif.).
ATLANTA - Although a Florida federal magistrate judge erroneously found that "Internet publication" results in "simultaneous, worldwide distribution," the 11 Circuit U.S. Court of Appeals nonetheless affirmed dismissal of copyright infringement claims on Sept. 14 on the alternative ground that a plaintiff failed to offer substantially probative evidence that it complied with the statutory registration requirement before filing suit (Kernel Records Oy v. Timothy Mosley et al., No. 11-12769, 11th Cir.; 2012 U.S. App. LEXIS 19413).
CINCINNATI - Deeming a dispute between the creators of two energy shots a "close call" that could "be decided either way," the Sixth Circuit U.S. Court of Appeals on Sept. 13 nonetheless reversed a Michigan federal judge's dismissal of trademark infringement and false advertising claims (Innovation Ventures LLC d/b/a Living Essentials v. N.V.E. Inc., Nos. 10-2353, 2355, 6th Cir.). Subscribers may view the decision available within the full article.
PEORIA, Ill. - Noting that the Electronic Communications Privacy Act (ECPA) 18 U.S.C.S. § 2511, "is not focused on whether a person possesses a copy of a message, but on whether the person intercepts communications to which he is not a party," an Illinois federal judge on Sept. 13 held that a plaintiff's co-workers intercepted his emails by setting up a dummy email account that allowed them to access his Web-based communications even though the messages were not specifically downloaded to a computer (Shefts v. John Petrakis, et al., No. 1:10-cv-01104, C.D. Ill.; 2012 U.S. Dist. LEXIS 130542).
SAN FRANCISCO - A settlement agreement between London Market Insurers and BP America Inc. (BPA) included a release of environmental insurance policies issued to BPA's subsidiary, Atlantic Richfield Co. (ARCO), even though ARCO was not mentioned by name in the agreement, the California First District Court of Appeal said Sept. 13 (Certain Underwriters at Lloyd's of London v. BP America Inc. et al., No. A132298, Calif. App., 1st Dist., Div. 4; 2012 Cal. App. Unpub. LEXIS 6682).
WASHINGTON, D.C. - Finding no evidence of a "deliberate decision to withhold" three material references from the U.S. Patent and Trademark Office (PTO), the Federal Circuit U.S. Court of Appeals ruled Sept. 13 that a Nevada federal judge erroneously granted dismissal of a patent infringement action on inequitable conduct grounds (1st Media LLC v. Electronic Arts Inc. et al., No. 10-1435, Fed. Cir.).
WASHINGTON, D.C. - Finding no error in a Delaware judge's construction of the disputed patent claim term "signal point," the Federal Circuit U.S. Court of Appeals on Sept. 13 upheld a stipulation of noninfringement in a dispute over digital data transmission (In re: Rembrandt Technologies LP Patent Litigation, No. 12-1022, Fed. Cir.). View related prior history, 2012 U.S. App. LEXIS 19201.
SAN FRANCISCO - A technology firm's patent that "describes an abstract idea of price optimization" is patent-ineligible, a California federal judge ruled Sept. 11, granting a motion to dismiss by leading online retailer Amazon.com Inc. (OIP Technologies Inc. v. Amazon.com Inc., No. C-12-1233, N.D. Calif.; 2012 U.S. Dist. LEXIS 129396).
ATLANTA - A Florida federal judge erred in finding that a trademark registrant committed fraud upon the U.S. Patent and Trademark Office by failing to disclose prior use during the application process, the 11th Circuit U.S. Court of Appeals ruled Sept. 11 (Sovereign Military Hospitaller Order of Saint John of Jeruselem of Rhodes and of Malta v. The Florida Priory of the Knights Hispitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, No. 11-15101, 11th Cir.; 2012 U.S. App. LEXIS 19104).
ERIE, Pa. - A federal magistrate judge in Pennsylvania on Sept. 10 rejected assertions of failure to state a claim and a lack of standing by four copyright infringement defendants, instead siding with an artist plaintiff (Craig Popovich v. Pelican Landing Inc. et al., No. 11-227, W.D. Pa.).
SAN FRANCISCO - Patent infringement plaintiff Apple Inc. on Sept. 10 formally opposed a request by Samsung Electronics Co. Ltd. to dissolve a June 2012 permanent injunction issued by a California federal judge two months before a federal jury deemed the accused product noninfringing of one of the patents in suit (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.). View related prior history, 2012 U.S. Dist. LEXIS 106874.
ST. PAUL, Minn. - Determining that a jury award of $222,000 from almost five years ago was constitutional, an Eighth Circuit U.S. Court of Appeals panel on Sept. 11 reinstated the award in favor of a group of six plaintiff record labels against a Minnesota woman accused of online file-sharing (Capitol Records, et al. v. Jammie Thomas-Rasset, No. 11-2820 and 11-2858, 8th Cir.; 2012 U.S. App. LEXIS 19040).
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CINCINNATI - In a report and recommendation issued Sept. 11 by an Ohio federal magistrate judge, pop singers Katy Perry and Usher Raymond failed to shake copyright infringement claims levied by a pro se plaintiff in connection with three songs (Bruce Lyles v. Capital-EMI Music Inc. et al., No. 12-751, S.D. Ohio).
NASHVILLE, Tenn. - Country superstar and copyright infringement defendant Tim McGraw succeeded, in part, in paring down a plaintiff's discovery requests on Sept. 11 (James Martinez v. Samuel Timothy McGraw et al., No. 08-738, M.D. Tenn.).
ALEXANDRIA, Va. - After two previous copyright infringement litigants were unable to come to an agreement regarding alleged violations of a June 2011 permanent injunction order, a Virginia federal judge on Sept. 7 granted in part a motion asserting that defendants and third parties are in contempt (Tattoo Art Inc. v. Tat International et al., No. 10-323, E.D. Va.).
TRENTON, N.J. - Following a six-day bench trial, U.S. Judge Stanley R. Chesler of the District of New Jersey on Sept. 11 rejected a generic drug manufacturer's efforts to invalidate a patent covering the popular birth control drug Ortho Tri Cyclen Lo (OTCL) (Janssen Pharmaceuticals Inc. et al. v. Watson Laboratories Inc. et al., No. 08-5103, D. N.J.).
WILMINGTON, Del. - The Supreme Court of Delaware on Sept. 7 affirmed a lower court's ruling that an excess insurer has no duty to reimburse its insured for defense costs or indemnity claims related to the insured's defense of underlying antitrust lawsuits (Intel Corporation v. American Guarantee & Liability Insurance Co., et al., No. 692, 2011, Del. Sup.; 2012 Del. LEXIS 480).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 10 ordered a new trial, before a new judge, in a dispute over infringement and ownership of the "Neurovision" trademark (Neurovision Medical Products Inc. v. NuVasive Inc., No. 11-55120, 9th Cir.). Subscribers may view the decision available within the full article.
SAN FRANCISCO - Finding no error in a California federal judge's decision to discount a declaration filed by aviator Charles E. "Chuck" Yeager in a dispute over autographed memorabilia, the Ninth Circuit U.S. Court of Appeals on Sept. 10 upheld a grant of summary judgment on behalf of two defendants (Charles E. Yeager v. Connie Bowlin et al., No. 10-15297, 9th Cir.). Subscribers may view the decision available within the full article.
SACRAMENTO, Calif. - A California federal judge on Sept. 6 denied a defendant's request for an emergency stay in a longstanding trademark infringement case (CytoSport Inc. v. Vital Pharmaceuticals Inc., No. 08-2632, E.D. Calif.). Subscribers may view the decision available within the full article.