WASHINGTON, D.C. - A Virginia federal judge erred in construing "location facility" as a device that must be contained entirely on a single locator server computer, the Federal Circuit U.S. Court of Appeals ruled July 31 (Communique Laboratory Inc. v. LogMeIn Inc., No. 11-1403, Fed. Cir.).
LAS VEGAS - An insurance company that sued a Nevada company for unlawfully using the insurer's trademarks on a website was shielded from antitrust immunity under the Noerr-Pennington doctrine, a federal judge in Nevada ruled July 30 in the Nevada's company's lawsuit alleging that the insurer was exercising monopolistic power over the use of Internet keyword advertising (Darba Enterprises, Inc. v. Amica Mutual Insurance Company, et al., No. 2:12-cv-00043, D. Nev.; 2012 U.S. Dist. LEXIS 105468).
MIAMI - A motion to sever and transfer filed by patent infringement counterclaim defendants HTC Corp., HTC America Inc., One & Company Design Inc. and HTC America Innovation Inc. (HTC, collectively) was granted July 31 by a Florida federal judge, who relied on the recently enacted America Invents Act (AIA) in support of his ruling (Apple Inc. v. Motorola Mobility Inc. et al., No. 12-20271, S.D. Fla.; Apple Inc. v. Motorola Mobility Inc. et al., No. 10-23580, S.D. Fla.; 2012 U.S. Dist. LEXIS 106398).
SAN FRANCISCO - A July 25 ruling by a California federal magistrate judge that patent plaintiff Apple Inc. is entitled to an adverse inference jury instruction based on Samsung Electronics Co. Ltd.'s deletion of emails was proper, Apple argued July 31 (Apple Inc. v. Samsung Electronics Co. Ltd., no. 11-1846, N.D. Calif.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of Eastman Kodak Co. on Aug. 1 ruled that Kodak could sell two of its patents related to digital imaging, concluding that the statute of limitations had run out on Apple Inc.'s right to assert ownership. Other patents remain disputed, but the judge said Kodak could update the record to assert its ownership rights (Eastman Kodak Company v. Apple Inc., et al. (In Re: Eastman Kodak Company), No. 12-10202, Adv. No. 12-01720, Chapter 11, S.D. N.Y. Bkcy.).
CINCINNATI - Finding that a vacation rental agent's online business with Ohio consisted of primarily short-term rentals instead of an "ongoing business relationship" with the state's residents, an Ohio federal judge on July 27 transferred a personal injury lawsuit to North Carolina, where the injury at issue occurred (Kathryn Stone v. Twiddy & Company of Duck Inc., et al., No. 1:10-cv-00591, S.D. Ohio; 2012 U.S. Dist. LEXIS 104738).
WASHINGTON, D.C. - Finding that a disputed use code "inaccurately describes" a patent as covering two approved methods of a drug that the patent "admittedly does not cover," the Federal Circuit U.S. Court of Appeals on July 30 affirmed in part an injunction ordered by a Michigan federal judge (Novo Nordisk A/S/ and Novo Nordisk Inc. v. Caraco Pharmaceuticals Laboratories Ltd. and Sun Pharmaceutical Industries Ltd., No. 10-1001, Fed. Cir.). View related prior history 2012 U.S. LEXIS 3106
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on July 26 ruled that a defamation suit against bankrupt Philadelphia Newspapers LLC was properly dismissed on the grounds that the statute of limitations had passed (In Re: Philadelphia Newspapers LLC, No. 11-3257, Chapter 11, 3rd Cir.). Subscribers may view the opinion available within the full Mealey's article.
WASHINGTON, D.C. - Finding "no indication" that a Florida federal judge's order granting sanctions in a patent case is "inextricably intertwined with or necessary" to review a decision on the merits for summary judgment in a patent case, the Federal Circuit U.S. Court of Appeals on July 26 declined an opportunity to exercise pendent jurisdiction and instead dismissed the appeal (Alexander S. Orenshteyn v. Citrix Systems Inc., No. 11-1308, Fed. Cir.).
GREENVILLE, S.C. - Where a plaintiff made a "strategic decision" not to pursue a copyright infringement claim prior to trial, defendants are unable to recover an award of attorney fees, a federal judge in South Carolina ruled July 26 (Uhlig LLC v. John Adam Shirley et al, No. 08-1208., D. S.C.; 2012 U.S. Dist. LEXIS 103823.).
PHILADELPHIA - A software firm's assertions that not all of its labor database products infringe a patent to which it had obtained a license constitute a contract dispute, not patent misuse, a Pennsylvania federal judge found July 26, disposing of the defendant's corresponding affirmative defense in a patent infringement case (Frontline Technologies Inc. v. CRS Inc., No. 2:07-cv-02457, E.D. Pa.; 2012 U.S. Dist. LEXIS 104186).
RICHMOND, Va. - A South Carolina welding company failed to show that two former employees violated the Computer Fraud and Abuse Act (CFAA) when they allegedly downloaded proprietary information and used it once they switched employers and started working for a competitor, the Fourth Circuit U.S. Court of Appeals ruled July 26 (WEC Carolina Energy Solutions LLC v. Willie Miller, a/k/a Mike, et al., No. 11-1201, 4th Cir.; 2012 U.S. App. LEXIS 15441).
WASHINGTON, D.C. - A Missouri federal judge did not err in invalidating two patents relating to a method for determining the values required to manage a stable value-protected life insurance policy, the Federal Circuit U.S. Court of Appeals ruled July 26 (Bancorp Services LLC v. Sun Life Assurance Company of Canada, No. 11-1467, Fed. Cir.).
KANSAS CITY, Mo. - A majority of the Eighth Circuit U.S. Court of Appeals on July 24 affirmed that an insurer has no duty to defend its insured against an underlying complaint because the complaint did not allege facts that would indicate that the trademarked phrase "Nature's Own" has the potential to be a "title" or a "slogan" and because the record is insufficient to demonstrate what a reasonable investigation by the insurer would have revealed about the underlying claimants' use of the trademark (Interstate Bakeries Corporation v. OneBeacon Insurance Company, No. 11-1802, 8th Cir.; 2012 U.S. App. LEXIS 15200).
LINCOLN, Neb. - A motion to dismiss filed by trademark infringement defendants Perdue Holdings Inc. and Perdue Farms Inc. (Perdue, collectively) was dismissed July 24 by a Nebraska federal judge, who found that a competitor has sufficiently pleaded a likelihood of confusion (Tecumseh Poultry LLC v. Perdue Holdings Inc. and Perdue Farms Inc., No. 12-3032, D. Neb.; 2012 U.S. Dist. LEXIS 102502).
SAN DIEGO - Allegations that a defendant infringed patented optical imaging for gene expression will proceed, a California federal judge ruled a July 24 (AntiCancer Inc. v. CellSight Technologies Inc., No. 10-2515, S.D. Calif.; 2012 U.S. Dist. LEXIS 102943).
PHILADELPHIA - Biovail Corp., the manufacturer of the prescription antidepressant drug Wellbutrin XL, reached a $37.5 million settlement on July 23 with direct purchasers who claimed that Biovail illegally conspired to prevent generic versions of the drug from entering the American market by filing sham patent infringement lawsuits and a citizen petition (In re: Wellbutrin XL Antitrust Litigation, No. 08-2431 (direct), E.D. Pa.). View related prior history, 2012 U.S. Dist. LEXIS 66312.
SAN FRANCISCO - On the eve of trial in a California federal court, Apple Inc. indicated on July 23 that it will seek in excess of $2.5 billion from Samsung Electronics Co. Ltd. for Samsung's alleged infringement of several patents covering mobile technology; in a brief filed the same day, Samsung accused Apple of carrying out a "coordinated campaign of dragging Samsung's name through the mud" (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.).
PHILADELPHIA - Experts proffered to opine on whether a reasonable petitioner could realistically expect a citizen petition to succeed on its merits and on causation will be allowed to testify, a federal judge in Pennsylvania ruled July 23 in lawsuits brought by purchasers of Flonase and a manufacturer of a generic version of Flonase who claim that GlaxoSmithKline PLC (GSK) filed a series of sham citizen petitions with the Food and Drug Administration to delay the entry of a generic version of Flonase into the market in violation of Section 2 of the Sherman Act, 15 U.S.C.S. § 1 et seq., (In re Flonase Antitrust Litigation (American Sales Co., Inc. v. SmithKline Beecham Corp., No. 08-3149 (direct); IBEW-NECA Local 505 Health & Welfare Plan v. SmithKlineBeecham Corp., No. 08-3301 (indirect); Roxane Laboratories, Inc. v. SmithKlineBeecham Corp., No. 09-1638), E.D. Pa.). Related prior history, 2012 U.S. Dist. LEXIS 91155.
CHICAGO - An Illinois federal judge on July 20 denied a dryer manufacturer's motion to sever property damage claims that are based on incidents outside of the U.S. District Court for the Northern District of Illinois in three insurers' subrogation lawsuit seeking reimbursement of $12.25 million they have paid for claims arising from defective dryers (State Farm Fire and Casualty Company, et al. v. Electrolux Home Products Inc., No. 11-8946, N.D. Ill.; Eastern Div.). View related prior history, 2012 U.S. Dist. LEXIS 63361.
TYLER, Texas - A Texas federal judge on July 19 denied a request for judgment as a matter of law (JMOL), rejecting claims by Eolas Technologies Inc. that a jury verdict of patent invalidity was unsupported by the evidence (Eolas Technologies Inc. and The Regents of the University of California v. Adobe Systems Inc. et al., No. 09-446, E.D. Texas). Subscribers may view the order available within the full article.
WASHINGTON, D.C. - Acting on remand, the Federal Circuit U.S. Court of Appeals on July 20 reconsidered a dispute over the patentability of certain genetic diagnostic test kits, with several judges expressing doubt that the U.S. Supreme Court ruling in Mayo Collaborative Services v. Prometheus Laboratories Inc. (No. 10-1150, U.S. Sup.) should lead them to a different result (Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office and Myriad Genetics Inc., No. 10-1406, Fed. Cir.).
WASHINGTON, D.C. - In a two-page order issued July 19, the Federal Circuit U.S. Court of Appeals refused to lift an injunction barring Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. from selling its Galaxy Nexus smartphone (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 12-1506, Fed. Cir.).Subscribers may view the order available within the full Mealey's article.
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 18 denied the Federal Trade Commission's petition for rehearing en banc of the court's April 25 ruling that reverse payment settlements between the holder of a drug patent and generic manufacturers of the drug did not constitute an unfair restraint on trade in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C.S. §45 (Federal Trade Commission v. Watson Pharmaceuticals, Inc., et al., No. 10-12729, 11th Cir.).
TAMPA, Fla. - A defendant won dismissal of copyright infringement allegations July 19 when a Florida federal judge agreed that plaintiff Yellow Pages Photos Inc. (YPPI) failed to sufficiently allege an agency relationship (Yellow Pages Photos Inc. v. Yellow Pages Group LLC et al., No. 12-755, M.D. Fla.). Subscribers may view the decision available within the full article.