PHILADELPHIA - Allegations of direct and vicarious copyright infringement by Usher Raymond IV, better known as Usher, were resolved in favor of the pop star May 21 by a Pennsylvania federal judge (Daniel Marino v. Raymond Usher IV et al., No. 11-6811, E.D. Pa.).
WILMINGTON, Del. - Citing a plaintiff's failure to establish a likelihood of confusion in the marketplace, a Delaware federal judge on May 20 denied a request for a preliminary injunction in a trademark dispute (Arrowpoint Capital Corp. v. Arrowpoint Asset Management LLC, No. 10-161, D. Del.).
MT. VERNON, Ill. - An adult entertainment company did not establish that it was entitled to conduct presuit discovery of Doe defendants that allegedly committed computer fraud by using stolen passwords, an Illinois appeals panel found May 20, reversing a trial court's grant of the firm's discovery motion (Guava LLC v. Comcast Cable Communications LLC, et al., No. 5-13-0091, Ill. App., 5th Dist.; 2014 Ill. App. LEXIS 340).
RALEIGH, N.C. - A dispute over a patented method of drug administration was dismissed May 21 by a North Carolina federal judge, who found that there is no immediate, justiciable controversy between the parties (Reckitt Benckiser Pharmaceuticals v. Biodelivery Sciences International Inc., No. 13-760, E.D. N.C.).
WASHINGTON, D.C. - The U.S. Supreme Court announced May 19 that it will leave intact a ruling by the Fourth Circuit U.S. Court of Appeals that the unauthorized display of a pictorial work in its entirety is excusable if it constitutes an insubstantial portion of an appropriating work (Frederick E. Bouchat v. Baltimore Ravens Limited Partnership, No. 13-1246, U.S. Sup.).
NEW YORK - A New York federal judge on May 19 declined to decide whether several corporations made baseless patent infringement claims to extort licensing fees in violation of California's unfair competition law (UCL) after finding that the allegations against the companies do not support a claim for violation of the Racketeer Influenced and Corrupt Organizations Act (FindTheBest.com, Inc. v. Lumen View Technology LLC, et al., No. 13-6521, S.D. N.Y.; 2014 U.S. Dist. LEXIS 68508).
WASHINGTON, D.C. - Although affirming a claim construction by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals on May 19 nonetheless reversed a decision by the board to dismiss an interference proceeding on grounds of insufficient written description support in a dispute over drug treatments for spinal nerve injuries (Edward Tobinick v. Kjell Olmarker and Bjorn Rydevik, No. 13-1499, Fed. Cir.).
PITTSBURGH - A Pennsylvania federal magistrate judge filed an order on May 19 unsealing a grand jury indictment of five Chinese army members for allegedly hacking into the computers of U.S. entities for the purpose of stealing trade secrets (United States of America v. Wang Dong, No. 2:14-cr-00118, W.D. Pa.).
BOSTON - A Massachusetts federal judge dismissed trademark infringement allegations against Twitter Inc. on May 16 in what he deemed a "bizarre dispute" (Naeem Ahmed v. Twitter Inc., No. 14-10025, D. Mass.).
NEW YORK - A defendant's decision to display copyrighted photographs of actress Lindsay Lohan on its www.thebosh.com website should result in a total award of $25,132.50 in damages, a New York federal magistrate judge recommended May 16 (BWP Media Inc., d/b/a Pacific Coast News, v. Uropa Media Inc., No. 13-7871, S.D. N.Y.).
WASHINGTON, D.C. - Just three weeks after a Federal Circuit U.S. Court of Appeals panel partly affirmed a trial court's dismissal of a smartphone patent dispute between Apple Inc. and Motorola Inc., the two companies on May 16 filed a joint motion to dismiss the appeal (Apple Inc., et al. v. Motorola Inc., et al., Nos. 12-1548, -1549, Fed. Cir.).
WASHINGTON, D.C. - A divided U.S. Supreme Court ruled May 19 that a petitioner's copyright infringement claim against Metro-Goldwyn-Mayer Inc. (MGM) is not subject to the affirmative defense of laches because her claim was brought within the three-year statute of limitations window proscribed by 17 U.S. Code Section 507(b) (Paula Petrella v. Metro-Goldwyn-Mayer Inc., No. 12-1315, U.S. Sup.).
SAN DIEGO - A federal judge in California on May 12 denied motions by a video application (app) maker and technology giant Google Inc., finding that the parties' had not demonstrated their respective entitlement to preliminary injunctive relief nor dismissal at this stage in the trademark infringement dispute (Hanginout Inc. v. Google Inc., No. 3:13-cv-02811, S.D. Calif.).
OCALA, Fla. - A Florida federal judge agreed with the Board of Trustees of the University of Illinois on May 13 that a patent infringement defendant's requests for discovery are unduly burdensome (U.S. Nutraceuticals LLC et al. v. Cyanotech Corporation et al., No. 12-366, M.D. Fla.).
NEW YORK - A defendant partly prevailed May 12 in a patent infringement case when a New York federal judge agreed to dismiss a contributory patent infringement claim but denied dismissal with regard to willful and induced infringement (3D Systems Inc. v. Formlabs Inc., No. 13-7973, S.D. N.Y.).
LOS ANGELES - A plaintiff's assertion that illness and extensive involvement in other litigation prevented him from following up on patent infringement claims for eight years was rejected May 9 by a California federal judge (Morris Reese v. Sprint Nextel Corporation, No. 13-3811, C.D. Calif.).
WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly denied a registration for "STOP The Islamisation of America" on grounds that the trademark contains "matter which may disparage" American Muslims in violation of Section 2(a) of the Trademark Act, the Federal Circuit U.S. Court of Appeals ruled May 13 (In re: Pamela Geller and Robert P. Spencer, No. 13-1412, Fed. Cir.).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on May 12 denied a petition for permission to appeal a District Court's denial of class certification in a lawsuit alleging privacy violations by Google Inc. related to its Gmail email service (Keith Dunbar, et al. v. Google Inc., No. 14-80044, 9th Cir.).
WILMINGTON, N.C. - The owner of an investment firm cannot subpoena the operators of an online forum to discover the identities of anonymous posters that allegedly made defamatory statements about his business, a North Carolina federal judge ruled May 8, finding that the plaintiff did not sufficiently cite the legal elements of his claim or demonstrate that he had made attempts to contact the defendants without a subpoena (Benjamin Taylor, et al. v. John Does 1-10, No. 4:13-cv-00218, E.D. N.C.; 2014 U.S. Dist. LEXIS 63789).
CINCINNATI - A dispute over the right to use the "American Energy" trademark will proceed, thanks to a May 9 ruling by an Ohio federal judge (American Energy Corp. v. American Energy Partners et al., No. 13-886, S.D. Ohio).
ELGIN, Ill. - An online statement calling a politician a "Sandusky" constituted an allegation of a criminal act that was not susceptible to an innocent interpretation, an Illinois appeals panel majority found May 8, affirming a trial court's grant of the politician's motion to subpoena a website to obtain identity of the commenter for purpose of pursing a defamation claim (Bill Hadley v. Subscriber Doe a/k/a Fuboy, No. 12-L-24, Ill. App., 2nd Dist.; 2014 Ill. App. LEXIS 303).
CHICAGO - An Indiana federal judge was directed by the Seventh Circuit U.S. Court of Appeals on May 9 to dismiss a trademark infringement action on grounds that personal jurisdiction is lacking over a defendant (Advanced Tactical Ordinance Systems LLC v. Real Action Paintball Inc., No. 13-3005, 7th Cir.).
CHICAGO - The federal judge presiding over the putative investor class action against bitcoin exchange operator MtGox Inc. in the U.S. District Court for the Northern District of Illinois on May 9 issued an order staying the proceedings and granting a stipulated settlement between the class and principals of MtGox (Gregory Greene v. MtGox Inc., et al., No. 14-01437, N.D. Ill.).
NEW YORK - A New York federal judge on May 9 ordered a copyright defendant to stop using the software program "BankTrade" within one year (Complex Systems Inc. v. ABN Amro Bank N.V., No. 08-7497, S.D. N.Y.).
WASHINGTON, D.C. - A Florida federal judge properly dismissed patent infringement allegations where a plaintiff failed to join his ex-wife, a co-owner of the patent-in-suit, to the litigation, the Federal Circuit U.S. Court of Appeals affirmed May 9 (James Taylor v. Taylor Made Plastics Inc., No. 14-1212, Fed. Cir.).