WASHINGTON, D.C. - While expressing "no opinion" on whether various claims of a dynamic random access memory (DRAM) patent should issue, the Federal Circuit U.S. Court of Appeals on Sept. 24 nonetheless vacated a decision by the Board of Patent Appeals and Interferences to hold the claims invalid (Rambus Inc. v. Teresa Stanek Rea, Acting Director United States Patent and Trademark Office, No. 12-1634, Fed. Cir.).
LAS VEGAS - Citing a defendant's "torpid" reaction to its violations of a February 2012 consent injunction issued in a trademark infringement case, a Nevada federal judge on Sept. 24 issued a finding of contempt (Automobil Lamborghini v. Dal Toro Exotic Cars Las Vegas LLC et al., No. 11-1154, D. Nev.).
CHICAGO - A dispute over copyrighted poems will proceed, but without allegations that a defendant violated the Digital Millennium Copyright Act (DMCA), thanks to a Sept. 24 ruling by an Illinois federal judge (Personal Keepsakes Inc. v. Techny Advisors LLC, No. 11-5177, N.D. Ill.).
WILMINGTON, Del. - A dispute over 12 electronic communications analysis and monitoring patents should proceed in Ohio federal court, a Delaware federal judge ruled Sept. 23 (Verint Systems Inc. et al. v. CallCopy Inc., No. 13-562, D. Del.).
PITTSBURGH - A request for judgment as a matter of law (JMOL) on a jury's $1.1 billion award for patent infringement was denied Sept. 23 by a Pennsylvania federal judge, who instead granted the prevailing plaintiff partial JMOL on the question of willfulness (Carnegie Mellon University v. Marvell Technology Group Ltd., No. 09-290, W.D. Pa.).
DENVER - Novell Inc. failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing (PC) operating-systems market to monopolize the word-processing and spreadsheet applications markets when it withdrew access to its namespace extensions, the 10th Circuit U.S. Court of Appeals ruled Sept. 23 (Novell, Inc. v. Microsoft Corporation, No. 12-4143, 10th Cir.; 2013 U.S. App. LEXIS 19463).
SAN FRANCISCO - A nearly six-year-old stay of patent infringement litigation pending against Apple Inc., Sony Network Entertainment International LLC and others will remain in place, a California federal judge ruled Sept. 19 (Ho Keung Tse v. Apple Inc. et al., No. 06-6573, N.D. Calif.).
MARSHALL, Texas - A federal jury in Texas on Sept. 19 awarded Retractable Technologies Inc.(RTI) $133,508,014 in damages against Becton, Dickinson & Co. (BD) for attempted monopolization of the market for safety syringes through deceptive practices (Retractable Technologies, Inc., et al. v. Becton Dickinson & Company, No. 2:08-cv-16, E.D. Texas).
TAMPA, Fla. - A dispute over allegedly unauthorized use of the "Wyndham" trademarks will proceed, a Florida federal judge ruled Sept. 19 (Wyndham Hotels and Resorts LLC et al. v. Timeshares Direct Inc. et al., No. 13-195, M.D. Fla.).
INDIANAPOLIS - Efforts by defendant Dale Earnhardt Inc. (DEI) to move allegations of copyright infringement from the U.S. District Court for the Southern District of Indiana to the U.S. District Court for the Western District of North Carolina were successful on Sept. 18 (Sharon Chobat v. Dale Earnhardt Inc. and Teresa Earnhardt, No. 12-1041, S.D. Ind.).
NEW YORK - Vimeo LLC won partial summary judgment Sept. 18 on its entitlement to a safe harbor defense to copyright infringement allegations levied by a group of record labels in a New York federal court (Capitol Records LLC et al. v. Vimeo LLC, No. 09-10101, S.D. N.Y.).
WASHINGTON, D.C. - An Ohio federal judge improperly denied a prevailing patent infringement defendant an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Sept. 19 (Buckhorn Corporation et al. v. ORBIS Corporation, No. 12-1643, Fed. Cir.).
NEW YORK - Text message service companies alleging that wireless communication companies, a trade organization and aggregators conspired to restrain trade and monopolize the market for application-to-person (A2P) text messages must arbitrate their federal antitrust claims, a federal judge in New York ruled Sept. 16 (In re A2P SMS Antitrust Litigation [All Actions], No. 12 CV 2656, S.D. N.Y.; 2013 U.S. Dist. LEXIS 132303).
CHICAGO - A defendant's request for production of certain financial documents by a copyright infringement plaintiff was granted, in part, by an Illinois federal judge on Sept. 16 (John Wiley & Sons Ltd. v. McDonnell, Boehnen, Hulbert & Berghoff, No. 12-1446, N.D. Ill.).
RICHMOND, Va. - "Liking" a campaign page on Facebook, a social networking website, is akin to placing a political sign in one's front yard and falls under the protection of free speech, a Fourth Circuit U.S. Court of Appeals panel ruled Sept. 18 in a lawsuit filed by former employees of the Hampton, Va., Sheriff's Office who claim that they were denied reappointment after supporting the sheriff's electoral opponent (Bobby Bland, et al. v. B.J. Roberts, individually and in his capacity as Sheriff of the City of Hampton, Virginia, No. 12-1671, 4th Cir.; 2013 U.S. App. LEXIS 19268).
WASHINGTON, D.C. - In a Sept. 17 order accompanying redacted versions of two previously issued rulings, a U.S. Foreign Intelligence Surveillance Court (FISC) judge held that under the U.S. PATRIOT Act, certain requests for business records of telephone service providers by the Federal Bureau of Investigation are "lawful and required" and do not violate the Fourth Amendment to the U.S. Constitution (In Re: Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things, No. BR 13-109, FISC).
WILMINGTON, Del. - A Delaware federal judge on Sept. 16 found that an amended complaint "does not contain sufficient facts to support an inference" that Google Inc. "specifically intended or encouraged others to directly infringe" numerous cloud computing patents (Clouding IP LLC v. Google Inc., No. 12-639, D. Del.).
HOUSTON - Efforts by a defendant to obtain dismissal of indirect and willful patent infringement allegations were denied Sept. 16 by a Texas federal judge (eWatch Inc. v. Avigilon Corp., No. 13-347, S.D. Texas).
FORT LAUDERDALE, Fla. - A Florida federal judge on Sept. 13 granted a temporary restraining order (TRO) to six manufacturers of golf balls, bags, putters and related supplies against the operators of a list of accused counterfeiter websites, ordering temporary shutdown of the sites (Acushnet Co., et al. v. Onlinegolfsale.us, et al., No. 0:13-cv-61895, S.D. Fla.; 2013 U.S. Dist. LEXIS 131133).
CENTRAL ISLIP, N.Y. - A New York federal judge on Sept. 16 dismissed a model's right-to-privacy claim against a website that published her lingerie photos without her permission, finding that the publication fell under a newsworthiness exception within New York privacy statutes (Shana Edme v. Internet Brands Inc., et al., No. 2:12-cv-03306, E.D. N.Y.; 2013 U.S. Dist. LEXIS 132008).
MILWAUKEE - Claims that a Wisconsin federal judge erroneously determined the date of invention for a duct cover were rejected Sept. 13, when the same judge instead stood by his February 2013 grant of summary judgment on behalf of a defendant (Ductcap Products Inc. v. J&S Fabrication Inc. et al., No. 10-110, E.D. Wis.).
SAN DIEGO - A request for authorization to conduct forensic examinations of the computers of two individuals allegedly responsible for creating an infringing jewelry line was denied Sept. 13 by a California federal magistrate judge (Sophia & Chloe Inc. v. Brighton Collectibles, No. 12-2472, S.D. Calif.).
CHARLESTON, W.Va. - A Toronto-based Web-hosting firm failed to satisfy its burden to show that the damages in a dispute with a West Virginia company would exceed the $75,000 minimum threshold necessary to establish federal jurisdiction, a West Virginia federal judge ruled Sept. 13, granting the plaintiff's motion to remand the case to state court (A2C2 Partnership LLC v. Constellation Software Inc., No. 2:13-cv-01449, S.D. W.Va.; 2013 U.S. Dist. LEXIS 131113).
CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 12 reversed an Ohio federal judge's denial of judgment as a matter of law (JMOL) in favor of a defendant accused of trade dress infringement (Groeneveld Transport Efficiency Inc. v. Lubecore International Inc., No. 12-3545, 6th Cir.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Sept. 12 ordered a "re-do" of a Pennsylvania federal judge's award of attorney fees to a prevailing copyright infringement plaintiff (American Board of Internal Medicine v. Sarah Von Muller M.D., Nos. 12-3135 and 3781, 3rd Cir.).