OMAHA, Neb. - Although an initial complaint is more than two years old, a patent infringement plaintiff on Nov. 1 was granted leave to amend its pleading to add allegations of induced infringement against several defendants in light of the Federal Circuit U.S. Court of Appeals' ruling in Akamai Technologies Inc. v. Limelight Networks Inc. (692 F.3d 1301 [Fed. Cir. 2012]) (Prism Technologies LLC v. McAfee Inc. et al., No. 10-220, D. Neb.). View related prior history, 2012 U.S. App. LEXIS 18532.
ALEXANDRIA, Va. - Less than a year after the Fourth Circuit U.S. Court of Appeals expressed doubt over the legality of AdWords, Google Inc. on Oct. 31 settled claims that its advertising program facilitates trademark infringement (Rosetta Stone Ltd. v. Google Inc., No. 09-736, E.D. Va.). View related prior history, 2012 U.S. App. LEXIS 7082.
WASHINGTON, D.C. - The U.S. Supreme Court denied certiorari on Oct. 29 in a case that posed the question of whether the Federal Circuit U.S. Court of Appeals "improperly created a special rule in patent infringement cases that shifts to the defendant the burden of proof to disprove standing" (NOVA Chemicals Corp. et al. v. Dow Chemical Co., No. 12-243, U.S. Sup.).
SEATTLE - An unfair competition and false advertising dispute over the cashmere content of a luxury yarn called "Cashmerino" was largely resolved on summary judgment on Oct. 29 by a Washington federal judge (Cascade Yarns Inc. v. Knitting Fever Inc., No. 10-861, W.D. Wash.). Subscribers may view the decision available within the full article.
LOS ANGELES - Finding no evidence that an insured accused of patent and trademark infringement disparaged a competitor, a California appeals court on Oct. 29 ruled in favor of an insurer, holding that it has no duty to defend in the case (Hartford Casualty Insurance Company v. Swift Distribution Inc., No. B234234, Calif. App., 2nd Dist., Div. 3).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government to monitor telephone and email communication involving foreign parties (John R. Clapper Jr., et al. v. Amnesty International USA, et al., No. 11-1025, U.S. Sup.).
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WASHINGTON, D.C. - After a 4-4 split on the issue just two years ago in Costco Wholesale Corp. v. Omega S.A., (131 S. Ct. 565 ), the U.S. Supreme Court on Oct. 29 heard oral arguments in a case that poses the question of whether copyrighted works manufactured and purchased abroad can be legally resold domestically (Supap Kirtsaeng d/b/a BlueChristine99 v. John Wiley & Sons Inc., No. 11-697, U.S. Sup.).
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LOS ANGELES - A provider of Internet content-filtering software has sufficiently pleaded trademark infringement and related claims against Google Inc., a California federal judge ruled Oct. 24, allowing most of the asserted claims to survive dismissal (CYBERsitter LLC v. Google Inc., et al., No. 2:12-cv-05293, C.D. Calif.; 2012 U.S. Dist. LEXIS 153676).
WASHINGTON, D.C. - A May 2012 ruling by the Federal Circuit U.S. Circuit Court of Appeals that affirmed invalidity findings by the U.S. Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (BPAI) will not be revisited, thanks to an Oct. 26 denial of a petition for rehearing en banc (In re: Baxter International Inc., No. 11-1073, Fed. Cir.).
PASADENA, Calif. - Because the petition at the center of a First Amendment to the United States Constitution, U.S.C.S. Const. Amend. 1, rights lawsuit is already available for public viewing on the Internet, a Ninth Circuit U.S. Court of Appeals panel on Oct. 23 held that the case in which plaintiffs sought to block the petition's publication was "moot because no effective relief remains available to" the plaintiffs (John Doe #1, et al. v. Sam Reed, et al., No. 11-35854, 9th Cir.; 2012 U.S. App. LEXIS 22046).
Federal judges in the U.S. District Court for the District of New Jersey on Oct. 23 divided over whether to grant pharmaceutical manufacturers' motions to stay cases involving reverse-payment settlements between holders of a drug patent and generic manufacturers of the those drugs pending the U.S. Supreme Court's deciding whether it will hear an appeal of a similar case (In re Effexor XR Antitrust Litigation, Nos. 11-5479, 11-5661, 11-7504, 11-6985, 11-3523, 11-3116, 11-5590, D. N.J.; In re Lamictal Direct Purchaser Antitrust Litigation, No. 12-995, D. N.J.; In re Lipitor Antitrust Litigation, MDL No. 2332, D. N.J.).
WASHINGTON, D.C. - A Minnesota federal judge did not err in construing disputed claim terms in an elliptical machine patent or in a subsequent grant of summary judgment on behalf of the prevailing infringement defendant, the Federal Circuit U.S. Court of Appeals ruled Oct. 24 (ICON Health & Fitness Inc. v. Octane Fitness LLC, No. 11-1521, Fed. Cir.). Subscribers may view the decision available within the full article.
RICHMOND, Va. - A West Virginia federal judge did not err in finding that insurers properly denied coverage for an underlying patent infringement lawsuit, the Fourth Circuit U.S. Court of Appeals ruled Oct. 23 (Wilson Works Inc. v. Great American Insurance Group, et al., No. 12-1487, 4th Cir.). Subscribers may view the decision available within the full article.
MIAMI - A Florida federal judge on Oct. 23 concluded that joinder of 50 unrelated John Doe defendants in an Internet-based file-sharing case was improper, granting motions to quash discovery subpoenas filed by a handful of the Does and severing all but one from the copyright infringement case (Aerosoft GmbH v. John Does 1-50, No. 1:12-cv-21489, S.D. Fla.; 2012 U.S. Dist. LEXIS 151977).
WASHINGTON, D.C. - The Board of Patent Appeals and Interferences (BPAI) properly upheld an examiner's rejections of numerous claims of a mobile computer workstation patent on re-examination, although it did so by employing an incorrect analysis, the Federal Circuit U.S. Court of Appeals ruled Oct. 23 (Flo Healthcare Solutions LLC v. David J. Kappos, Director, U.S. Patent and Trademark Office, No. 11-1476, Fed. Cir.).
ST. LOUIS - Allegations of false advertising and defamation arising from statements made before December 2007 were dismissed Oct. 22 by a Missouri federal judge, who found that the claims are barred by a previous settlement reached by the litigants (Automation Service v. Emerson Process Management, No. 10-645, E.D. Mo.).
NEWARK, N.J .- An automobile dealership on Oct. 19 failed to persuade a New Jersey federal judge to dismiss trademark allegations levied against it by a competitor (Edison Motor Sales LLC d/b/a Edison Nissan v. Dibre Auto Group LLC et al., No. 12-239, D. N.J.).
DES MOINES, Iowa - A trademark infringement defendant on Oct. 22 failed to persuade an Iowa federal magistrate judge to stay the claims pending against it in favor of arbitration (Wells Enterprises Inc. v. Olympic Ice Cream, No. 11-4109, N.D. Iowa).
WASHINGTON, D.C. - A Maryland judge erred in finding that Microsoft Corp., Yahoo Inc. and other software providers could not possibly have infringed a patent relating to a global paging system, the Federal Circuit U.S. Court of Appeals ruled Oct. 17 (Technology Patents LLC v. T-Mobile UK Ltd. et al., No. 11-1581, Fed. Cir.). View related prior history, 2012 U.S. App. LEXIS 7048.
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BOSTON - Citing the doctrine of progressive encroachment, the First Circuit U.S. Court of Appeals on Oct. 18 found that a trademark infringement case is not barred by the doctrine of laches (Oriental Financial Services Corp. et al. v. Coopertiva de Ahorro y Crédito Oriental, No. 11-1473, 1st Cir.).
NEW ORLEANS - For "essentially the same reasons" given by a Texas federal judge in a July 2011 ruling, the Fifth Circuit U.S. Court of Appeals agreed Oct. 17 that a plaintiff's trade dress is not entitled to protection (Poly-America LP v. Stego Industries LLC, No. 11-887, 5th Cir.).
SAN FRANCISCO - Apple Inc. must share with Motorola Mobility LLC documentation regarding all "rights, protections or licenses in any wireless intellectual property right," according to the terms of an order issued Oct. 17 by a California federal magistrate judge (In re: Motorola Mobility LLC, No. 12-80243, N.D. Calif.). View related prior history, 2012 U.S. App. LEXIS 17411.
SAN FRANCISCO - A Washington federal judge did not err in applying the doctrine of laches in a case where willful copyright infringement was alleged, the Ninth Circuit U.S. Court of Appeals ruled Oct. 17 (Evergreen Safety Council v. RSA Networks Inc., No. 11-35680, 9th Cir.).
NEW YORK - In addition to finding that suing authors' organizations did not have standing to bring copyright infringement claims on their member authors' behalf related to a group of universities' digital library project, a New York federal judge on Oct. 12 granted judgment to the defendants, finding the project's use of copyrighted works to be fair use and transformative (The Authors Guild Inc., et al. v. HathiTrust, et al., No. 11-6351, S.D. N.Y.; 2012 U.S. Dist. LEXIS 146169).
PORTLAND, Ore. - A woman's $1 billion privacy violation complaint against Google Inc. and MyLife.com Inc., based on their alleged online publication of the names, ages and addresses of her and her family members, was dismissed Oct. 12 by an Oregon federal judge, who found that the plaintiff failed to establish subject matter jurisdiction or personal jurisdiction (Shantu N. Shah v. MyLife.com Inc., et al., No. 3:12-cv-01592, D. Ore.; 2012 U.S. Dist. LEXIS 147317).