Federal Circuit Partly Vacates Patent Board's Invalidity Determination

    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.).

    Nevada Judge Says Defendants Violated Trademark Injunction

    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.).

    Federal Judge Dismisses DMCA Claims In Copyright Dispute

    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.).

    Federal Judge Transfers Patent Dispute To Ohio Federal Court

    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.).

    Pennsylvania Federal Judge Denies New Trial, Upholds $1.1 Billion Award

    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.).

    10th Circuit Affirms Judgment For Microsoft In Novell's Monopolization Suit

    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).

    California Federal Judge Won't Lift Stay In Patent Case

    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.).

    Jury Awards $113M For Attempted Monopolization Of Safety Syringe Market

    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).

    Florida Federal Judge Denies Dismissal In Dispute Over 'Wyndham' Marks

    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.).

    Dale Earnhardt Inc. Obtains Transfer Of Copyright Litigation

    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.).

    Summary Judgment Partly Granted In Vimeo Copyright Case

    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.).

    Federal Circuit Reverses Denial Of Attorney Fee Award In Patent Case

    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.).

    Text Messengers Must Arbitrate Antitrust Claims, Federal Judge Rules

    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).

    Illinois Federal Judge Orders Copyright Plaintiff To Produce Reports

    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.).

    4th Circuit: 'Liking' A Political Facebook Page Is Protected Speech

    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).

    Surveillance Court Judge: PATRIOT Act Permits FBI's Collection Of Telephone Data

    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).

    Google Wins Dismissal Of Induced Patent Infringement Claims

    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.).

    Texas Judge Won't Dismiss Indirect, Willful Patent Claims

    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).

    Golf Product Manufacturers Granted Restraining Order Over Alleged Counterfeiters

    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).

    Model's Privacy Claim Against Website Dismissed Under Newsworthiness Exception

    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).

    Wisconsin Federal Judge Won't Reconsider Dismissal Of Patent, Trademark Claims

    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.).

    California Federal Magistrate Denies Discovery Request In Copyright, Trademark Case

    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.).

    Web-Hosting Dispute Remanded For Not Meeting Amount-In-Controversy Threshold

    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).

    6th Circuit: Trade Dress Claim Should Not Have Gone To Jury

    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.).

    3rd Circuit Reverses Attorney Fees Award In Copyright Case

    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.).