WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board erred in concluding that the initiator of an inter partes reexamination proceeding waived certain arguments relating to alternative theories of unpatentability, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Tempo Lighting Inc. v. Tivoli LLC, No. 13-1140, Fed. Cir.).
WILMINGTON, Del. - Custom Media Technologies LLC should be allowed to proceed with allegations that three cable providers directly infringed a patent, a Delaware federal magistrate judge ruled Feb. 10 (Custom Media Technologies LLC v. Charter Communications Inc., No. 13-1420, D. Del.; Custom Media Technologies LLC v. Time Warner Cable Inc., No. 13-1425, D. Del.; Custom Media Technologies LLC v. Verizon Communications Inc., No. 13-1426, D. Del.).
DETROIT - Efforts by Quicken Loans Inc. to bar a provider of biweekly mortgage payments from using the "Quicken Loans" trademark in solicitation letters were successful Feb. 7, when a Michigan federal judge agreed to enter a preliminary injunction in the dispute (Quicken Loans Inc. v. Nationwide Biweekly Administration Inc., No. 13-13431, E.D. Mich.).
HARTFORD, Conn. - Four copyright infringement plaintiffs won dismissal Feb. 7 of counterclaims that they breached their contract with myriad defendants in a dispute over software (East Point Systems Inc., et al. v. Steven Maxim, et al., No. 13-215, D. Conn.).
SAN FRANCISCO - A deaf rights organization's class action concerning captioning on the website of Cable Network News Inc. (CNN) "targets conduct in furtherance of $(the network's$) free speech rights and falls within the scope of" California's anti-SLAPP (strategic lawsuit against public participation) statute, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 5, reversing in part a lower court's judgment (Greater Los Angeles Agency on Deafness Inc., et al. v. Cable News Network Inc., No. 12-15807, 9th Cir.; 2014 U.S. App. LEXIS 2215; 2014 U.S. App. LEXIS 2219).
MINNEAPOLIS - A defendant accused of breaching a patent infringement settlement agreement won dismissal of the allegations Feb. 6 by a Minnesota federal judge (3M Company et al. v. Andover Healthcare Inc., No. 13-1741, D. Minn.).
WILMINGTON, Del. - A defendant accused of infringing various cloud computing patents failed to obtain dismissal of the allegations on Feb. 6, thanks to a ruling by a Delaware federal judge (Clouding IP v. Rackspace Hosting Inc., No. 12-675, D. Del.).
BATON ROUGE, La. - Because customers voluntarily disclose their subscriber information to Internet service providers (ISPs), a man convicted of possessing child pornography had no expectation of privacy in his subscriber information, a Louisiana appeals panel found Jan. 4, affirming a trial court's decision not to suppress the information supplied by his ISP (State of Louisiana v. Arthur Leon LeBlanc Jr., No. 2013 KA 0202, La. App., 1st Cir.; 2014 La. App. LEXIS 235).
KANSAS CITY, Kan. - A company that manufactures computer equipment used in "mining" the virtual currency known as "Bitcoins" filed a motion on Feb. 4 to dismiss a customer's fraud and misrepresentation claims against it for failure to state a claim on which relief can be granted (Martin Meissner v. BF Labs Inc., No. 2:13-cv-02617, D. Kan.).
WASHINGTON, D.C. - A series of patents covering the pain and seizure-relieving drug Lyrica were properly deemed infringed, the Federal Circuit U.S. Court of Appeals ruled Feb. 6 (Pfizer Inc. et al. v. Teva Pharmaceuticals USA Inc. et al., Nos. 2012-1576, -1601, -1602, -1603, -1604, -1605, -1607, Fed. Cir.).
WILMINGTON, Del. - A plaintiff was granted leave to amend its complaint on Feb. 4 in a dispute over patented feed-through filters used in implantable cardiac pacemaker and defibrillator devices (Greatbatch Ltd. v. AVX Corporation, et al., No. 13-723, D. Del.).
NEWARK, N.J. - Sanofi-Aventis U.S. LLC can be added as a co-plaintiff in litigation concerning a patent for the pediatric leukemia drug Clorar, a New Jersey federal judge ruled Feb. 4 (Southern Research Institute et al. v. Abon Pharmaceuticals LLC, No. 12-4709, D. N.J.).
TAMPA, Fla. - A Florida federal judge on Feb. 3 agreed to enter a final default judgment against two defendants accused of trade dress infringement by Bentley Motors Ltd. (Bentley Motors Ltd. v. Matthew McEntegart et al., No. 12-1582, M.D. Fla.).
PASADENA, Calif. - Reversing the dismissal of a Virginia man's suit against an online data aggregator for lack of standing, a Ninth Circuit U.S. Court of Appeals panel on Feb. 4 held that a plaintiff can sue for willful violations of the Fair Credit Reporting Act (FCRA) without having to establish actual harm (Thomas Robins v. Spokeo Inc., No. 11-56843, 9th Cir.; 2014 U.S. App. LEXIS 2136).
CHATTANOOGA, Tenn. - The federal judge in Tennessee overseeing multidistrict litigation involving claims that brand-name pharmaceutical company King Pharmaceuticals LLC and generic drug manufacturer Mutual Pharmaceutical Co. conspired to delay the entry of generic versions of Skelaxin into the market denied certification of an indirect purchaser class and an end-payer class on Jan. 30 (In re: Skelaxin $(Metaxalone$) Antitrust Litigation, No. 1:12-md-2343, E.D. Tenn.; 2014 U.S. Dist. LEXIS 11467).
ERIE, Pa. - The lead plaintiffs in a putative class action against a provider of rent-to-own (RTO) laptop computers did not adequately identify ascertainable classes in their complaint alleging that the retailer used a program to spy on its customers, a Pennsylvania federal magistrate judge ruled Jan. 31, recommending that their motion to certify the class be denied (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).
FORT LAUDERDALE, Fla. - Abercrombie & Fitch (A&F) was granted a temporary restraining order (TRO) by a Florida federal judge on Jan. 31 against the operators of 128 websites that the clothing manufacturer and retailer claims have been selling counterfeit versions of its goods (Abercrombie & Fitch Trading Co. v. 7starzone.com, et al., No. 0:14-cv-60087, S.D. Fla.; 2014 U.S. Dist. LEXIS 12211).
NEW YORK - A New York federal judge did not err in granting Sylvester Stallone and others accused of copyright infringement summary judgment, the Second Circuit U.S. Court of Appeals ruled Feb. 3 (Marcus Webb v. Sylvester Stallone. et al., No. 13-324, 2nd Cir.).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 3 ruled that a lower federal court erred when it denied an insured's former executive director the opportunity to prove consequential damages in the form of aggravation and inconvenience attributable to an insurer's breach of contract, vacating and remanding the case in part (Robert E. Graham v. National Union Fire Insurance Company of Pittsburgh, PA, No. 13-1517, 4th Cir.; 2014 U.S. App. LEXIS 2041).
MANCHESTER, N.H. - Efforts by Coach Inc. to hold the former corporate owner of a flea market accountable for the sale of various counterfeit handbags were unsuccessful on Jan. 31, when a New Hampshire federal judge granted the defendant summary judgment (Coach Inc. v. Peter J. Sapatis et al., No. 12-506, D. N.H.).
SAN FRANCISCO - A Washington federal judge's permanent injunction barring use of the "Hendrix" trademark was contradictory, the Ninth Circuit U.S. Court of Appeals ruled Jan. 29 (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.).
NORFOLK, Va. - Google Inc. and others will pay a post-judgment royalty rate of 6.5 percent to a prevailing patent infringement plaintiff, according to a Jan. 28 ruling by a Virginia federal judge (I/P Engine Inc. v. AOL Inc. et al., No. 11-512, E.D. Va.).
SAN FRANCISCO - Although a California federal judge on Jan. 29 found some flaws with antitrust claims brought by three airline passengers against a provider of in-flight Internet service, he found that the claims were sufficiently pleaded to survive the provider's dismissal motion (James Stewart, et al. v. Gogo Inc., No. 3:12-cv-05164, N.D. Calif.).
SIOUX FALLS, S.D. - A defendant won a second stay of patent litigation on Jan. 29 in light of an ex parte re-examination by the U.S. Patent and Trademark Office (PTO) (Hansen Manufacturing Corp. v. Intersystems International Inc., No. 11-4030, D. S.D.).
NEWARK, N.J. - With allegations including breach of contract, negligence and consumer fraud, a husband and wife on Jan. 28 filed suit against their health care provider in New Jersey federal court related to the theft of two of the companies' laptops that may have contained sensitive customer information (Karen Pekelney, et al. v. Horizon Healthcare Services Inc., No. 2:14-cv-00584, D. N.J.).