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.
A complimentary copy of the decision is available in the pdf file attached below.
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).
NEW YORK - A plaintiff's effort to obtain copyright protection for its prom dress was unsuccessful on Oct. 15 when the Second Circuit U.S. Court of Appeals affirmed dismissal of the action (Jovani Fashion Ltd. of New York v. Fiesta Fashions of Los Angeles, No. 12-598, 2nd Cir.).
ATLANTA - A Florida federal judge properly awarded Coca-Cola Co. $578,146 in attorney fees and costs in a copyright suit, the 11th Circuit U.S. Court of Appeals affirmed Oct. 12 (Rafael Vergara Hermosilla v. Coca-Cola Company, No. 11-14175, 11th Cir.).
NEW YORK - A timepiece expert failed to allege continuity by the operators of websites that he claims infringed his trademarks, a New York federal judge concluded Oct. 11, dismissing the plaintiff's racketeering and conspiracy claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) 18 U.S.C.S. §§ 1961 et seq., (Osvaldo Patrizzi v. Bourne in Time Inc., et al., No. 1:11-cv-02386, S.D. N.Y.; 2012 U.S. Dist. LEXIS 146861).
LAKE CHARLES, La. - The mere existence of an interactive website is insufficient to establish jurisdiction over an out-of-state defendant absent actual use of the site, a Louisiana appeals panel ruled Oct. 10, affirming dismissal of a lawsuit against a Florida hotel (Thomas J. Hensgens v. Pelican Beach Resort, No. 12-268, La. App., 3rd Cir.; 2012 La. App. LEXIS 1283).
SPRINGFIELD, Mass. - Netflix Inc. agreed to provide closed-captioning on all of its online streaming content in a consent order that was signed by a Massachusetts federal judge on Oct. 11, disposing of a lawsuit brought against the video rental service under the Americans with Disabilities Act (ADA) (National Association of the Deaf, et al. v. Netflix Inc., No. 3:11-cv-30168, D. Mass.).
LOS ANGELES - Citing the willful behavior of the operators of several song lyrics websites, a California federal judge on Oct. 9 granted final judgment in the favor of a group of music publishers and awarded $6.6 million in statutory damages for their claims of copyright infringement (Peermusic III Ltd., et al. v. LiveUniverse Inc., et al., No. 2:09-cv-06160, C.D. Calif.).
WASHINGTON, D.C. - U.S. Judge Lucy H. Koh of the Northern District of California abused her discretion in barring Samsung Electronics America Inc. from selling the Galaxy Nexus smart phone, the Federal Circuit U.S. Court of Appeals ruled Oct. 11 (Apple Inc. v. Samsung Electronics America Inc., No. 12-1507, Fed. Cir.).
SAN FRANCISCO - A California federal judge on Oct. 9 granted preliminary approval of an amended settlement that adds a $10 cash payment in relief to each class member in a suit accusing Facebook Inc. of using the names and photos of users in advertising on the social network without the users' express permission (Angel Fraley, et al. v. Facebook, Inc., No. 11-1726, N.D. Calif.). View related prior history, 2012 U.S. Dist. LEXIS 116526.
A complimentary copy of the order is attached.
SAN FRANCISCO - An underlying copyright and trademark infringement case that spawned allegations of unfair competition, intentional interference with contractual relations and trade libel was pared down Oct. 9 by a California federal judge (OG International Ltd. and O-Games Inc. v. Ubisoft Entertainment, No. 11-4980, N.D. Calif.).
WASHINGTON, D.C. - A divided decision that reversed a grant of summary judgment of patent ineligibility in July has been vacated, thanks to an Oct. 9 order by the Federal Circuit U.S. Court of Appeals (CLS Bank International v. Alice Corporation Pty. Ltd., No. 11-1301, Fed. Cir.).
GRAND RAPIDS, Mich. - A declaratory judgment complaint regarding the "Nutrilite" trademark will proceed in Michigan federal court, thanks to an Oct. 9 ruling by a federal judge (Alticor Inc. v. Nutrisystem Inc., No. 12-256, E.D. Mich.).
CHICAGO - Despite numerous performances in the State of Illinois and ongoing relationships with Illinois vendors, the heavy metal band Motley Crue won dismissal Oct. 9 of copyright infringement claims levied there on jurisdiction grounds (Ron Toma v. Motley Crue Inc., No. 11-6766, N.D. Ill.).
LOS ANGELES - A patent dispute over a floating solar pool heater was resolved on summary judgment on Oct. 5 by a California federal judge, who cited a stipulation by the plaintiff that defendant Wal-Mart Stores Inc.'s accused product could not possibly infringe (Solar Sun Rings Inc. v. Wal-Mart Stores Inc., No. 11-6990, C.D. Calif.).