DENVER - Insureds have failed to establish that a stay of an advertising injury coverage lawsuit pending the 10th Circuit U.S. Court of Appeals' resolution of their mandamus petition is appropriate, a Colorado federal judge ruled July 12, denying the motion (Dish Network Corporation, et al. v. Arch Specialty Insurance Company, et al., No. 09-cv-00447-JLK, D. Colo.; 2012 U.S. Dist. LEXIS 96416).
MIAMI - A Florida federal judge on July 10 denied summary judgment to both parties in a dispute over their respective professional names of Spyder Harrison and Spider Harrison, finding that issues of material fact exist on trademark infringement, unfair competition and cyberpiracy claims (Richard Shottland v. Bernard Harrison, No. 1:11-cv-20140, S.D. Fla.; 2012 U.S. Dist. LEXIS 94876).
HARTFORD, Conn. - Although a copyright infringement defendant demonstrated irreparable injury, a Connecticut federal judge on July 11 refused to enjoin the U.S. Customs and Border Protection's (CBP) seizure of its allegedly infringing products (Lego A/S v. Best-Lock Construction Toys Inc., 11-1586, D. Conn.).
NEW YORK - Citing the transmit clause holding in Cartoon Network LLP v. CSC Holdings Inc. (536 F.3d 121 (2nd Cir. 2008) (Cablevision), a New York federal judge on July 11 denied preliminary injunctive relief in a dispute over live streaming of copyrighted television programs online (American Broadcasting Companies Inc., et al. v. Aero Inc., No. 12-1540, S.D. N.Y.). Subscribers may view the decision available within the full article.
NEW YORK - Finding "no indication" in the Digital Millennium Copyright Act (DMCA) that Congress intended to limit the statute's safe harbor provision to works created post-1972, a New York justice on July 10 refused to dismiss a music streaming website's invocation of the safe harbor affirmative defense in response to common-law copyright infringement claims (UMG Recordings Inc. v. Escape Media Group Inc., No. 100152/2010, N.Y. Sup., New York Co.).
NEW YORK - A copyright holder's failure to identify the proper title of a movie allegedly infringed via an Internet file-sharing protocol defeats its copyright infringement claims, a New York federal judge ruled July 9, also disposing of an accompanying negligence claim as preempted by federal law (Liberty Media Holdings LLC v. Cary Tabora, et al., No. 1:12-cv-02234, S.D. N.Y.; 2012 U.S. Dist. LEXIS 94751).
WASHINGTON, D.C. - An Oregon federal judge's decision to strike a pro se defendant's pleadings for repeated violations of court orders was not an abuse of discretion, the Federal Circuit U.S. Court of Appeals ruled July 11 (FLIR Systems Inc. v. Thomas L. Gambaro, No. 12-1100, Fed. Cir.).
NEW YORK - A settlement agreement barring a patent licensee from later challenging patent validity was properly deemed void by a New York federal judge pursuant to Lear Inc. v. Adkins (395 U.S. 653 (1969), the Second Circuit U.S. Court of Appeals ruled July 10 (Rates Technology Inc. v. Speakeasy Inc. et al., No. 11-4462, 2nd Cir.). Subscribers may view the decision available within the full article.
WASHINGTON, D.C. - Finding no reversible procedural error, a divided Federal Circuit U.S. Court of Appeals agreed July 9 with the Trademark Trial and Appeal Board (TTAB)'s denial of registration of a trademark for "Waggin Strips" (Midwestern Pet Foods Inc. v. Societe des Produits Nestle S.A., No. 11-1482, Fed. Cir.). Subscribers may view the decision available within the full report.
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals panel on July 9 reversed a grant of summary judgment that a counterclaimant's patent failed to claim eligible subject matter (CLS Bank International v. Alice Corporation Pty Ltd., No. 11-1301, Fed. Cir.). Subscribers may view the decision available within the full article.
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on July 9 ruled that a company that had a manufacturing contract with a debtor could continue selling its products despite objections from the company that purchased the debtor's assets and trademarks at a trustee's sale (Sunbeam Products Inc. v. Chicago American Manufacturing LLC, No. 11-3920, Chapter 11, 7th Cir.; 2012 U.S. App. LEXIS 13883).
DENVER - Although a copyright claim is not moot as asserted by a defendant, a Colorado federal judge on July 5 nonetheless agreed that summary judgment is warranted because the plaintiff is unable to demonstrate that revenue obtained by the defendant was attributable to infringement (Predator International Inc. v. Gamo Outdoor USA Inc., No. 09-970, D. Colo.; 2012 U.S. Dist. LEXIS 92745).
NEW YORK - A New York federal judge did not err in dismissing allegations of copyright infringement levied against Hilton Hotels Corp., the Second Circuit U.S. Court of Appeals ruled July 9 (Aqua Creations USA Inc. v. Hilton Hotels Corporation, No. 11-1798, 2nd Cir.; 2012 U.S. App. LEXIS 13877).
PARIS - Two technology companies involved in a dispute over certain royalties owed under a patent license agreement on July 9 both announced that the International Court of Arbitration of the International Chamber of Commerce (ICC) has issued an interim award in the case.
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 5 ruled that the automatic stay in a personal bankruptcy did not apply to an underlying trademark infringement case that was pending because granting the stay would permit the debtor to continue committing the tort of infringement (Dominic's Restaurant of Dayton Inc. v. Christie L. Mantia, et al, No. 10-3376, Chapter 13, 6th Cir. 2012 U.S. App. LEXIS 13665).
INDIANAPOLIS - In what was deemed a "difficult" question, a Indiana federal judge on July 6 found that a "broadly-worded" release contained with a settlement of litigation over noncompete agreements did not foreclose a second, subsequent lawsuit relating to patents (Cook Incorporated v. Endologix Inc., No. 09-1248, S.D. Ind.; 2012 U.S. Dist. LEXIS 93734).
SAN FRANCISCO - A July 1 preliminary injunction will remain in place while patent infringement defendants Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) appeal to the Federal Circuit U.S. Court of Appeals, a California federal judge ruled July 3 (Apple Inc. v. Samsung Electronics Co. Ltd. et al., No. 12-630, N.D. Calif.). Subscribers may view the order available within the full article.
MINNEAPOLIS - A law firm on July 2 failed to secure dismissal of copyright infringement allegations levied in connection with the firm's practice of using journal articles in various patent applications (American Institute of Physics et al. v. Schwegman, Lundberg & Woessner, No. 12-528, D. Minn.). Subscribers may view the decision available within the full article.
ORLANDO, Fla. - Allegations that General Electric Co. (GE) wind turbines capable of individual blade pitch control infringe a Mitsubishi Heavy Industries Ltd. patent were rejected by a Florida federal judge July 5 (Mitsubishi Heavy Industries Ltd. v. General Electric Co., No. 10-812, M.D. Fla.). Subscribers may view the order available within the full article.
WASHINGTON, D.C. - A Delaware judge erred in barring Shionogi Pharma Inc. from sales of a generic form of the popular diabetes drug Fortamet, the Federal Circuit U.S. Court of Appeals ruled July 2 (Shionogi Pharma Inc. v. Lupin Ltd. et al., No. 12-1228, Fed. Cir.). Subscribers may view the decision available within the full article.
BOSTON - Finding "no doubt" that a Massachusetts judge's jury instructions failed to "make clear that objective recklessness is also a basis for finding willfulness in the civil context," the First Circuit U.S. Court of Appeals nonetheless declined the opportunity to undo the jury's verdict in a trademark infringement and unfair competition case (Fishman Transducers Inc. v. Stephen Paul et al., No. 11-1663, 1st Cir.).
ST. LOUIS - Citing a lack of evidence that defendant William Morris Endeavor Entertainment LLC (WME) has maintained sufficient minimum contacts to support a finding of personal jurisdiction in a copyright case, a Missouri federal judge on July 2 granted dismissal (Ray K. Harter Jr., et al. v. Disney Enterprises Inc., et al., No. 11-2207, E.D. Mo.; 2012 U.S. Dist. LEXIS 91153).
SAN FRANCISCO - A request by plaintiff Apple Inc. for a preliminary injunction barring Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) from domestic sales of the "Galaxy Nexus" smartphone was granted July 1 by a California federal judge, who deemed Apple likely to succeed on the merits of its patent infringement claims (Apple Inc. v. Samsung Electronics Co. Ltd. et al., No. 12-630, N.D. Calif.). Subscribers may view the decision available within the full article.
NEW YORK - The federal judge in New York overseeing the antitrust actions against Google Inc. and several publishers, including Penguin Group (USA) Inc., alleging that the defendants conspired to fix prices of electronic books, on June 27 denied Penguin's motion to compel arbitration of the federal antitrust claims of the plaintiffs who purchased their e-books through Amazon.com and Barnes & Noble (In re: Electronic Books Antitrust Litigation, (All Actions), Nos. 11 MD 2293, 11 Civ. 5576, 11 Civ. 5609, 11 Civ. 5621, 11 Civ. 5707, 11 Civ. 5750, 11 Civ. 5896, 11 Civ. 5898, 11 Civ. 5976, 11 Civ. 6019, 11 Civ. 6079, 11 Civ. 7507, 11 Civ. 7534, 11 Civ. 7323, 11 Civ. 8329, 11 Civ. 8608, 11 Civ. 9016, 11 Civ. 9014, 11 Civ. 9559, 11 Civ. 9560, 11 Civ. 9561, 11 Civ. 9562, 11 Civ. 9563, 11 Civ. 9564, 11 Civ. 9565, 11 Civ. 9566, 11 Civ. 9567, 12 Civ. 0476, S.D. N.Y.; 2012 U.S. Dist. LEXIS 90190).
GREEN BAY, Wis. - Although a Wisconsin federal judge found that two interactive websites operated by a sewing machine parts manufacturer constituted solicitation under the state's long-arm statute, he held that the firm lacked sufficient minimum contacts with the state to satisfy the due process clause of the 14th Amendment of the U.S. Constitution, leading him to dismiss a complaint for trademark infringement and cybersquatting for lack of personal jurisdiction (Marvel Manufacturing Company Inc. v. Koba Internet Sales LLC, No. 1:11-cv-00961, E.D. Wis.; 2012 U.S. Dist. LEXIS 88841).