TRENTON, N.J. - Following a six-day bench trial, U.S. Judge Stanley R. Chesler of the District of New Jersey on Sept. 11 rejected a generic drug manufacturer's efforts to invalidate a patent covering the popular birth control drug Ortho Tri Cyclen Lo (OTCL) (Janssen Pharmaceuticals Inc. et al. v. Watson Laboratories Inc. et al., No. 08-5103, D. N.J.).
WILMINGTON, Del. - The Supreme Court of Delaware on Sept. 7 affirmed a lower court's ruling that an excess insurer has no duty to reimburse its insured for defense costs or indemnity claims related to the insured's defense of underlying antitrust lawsuits (Intel Corporation v. American Guarantee & Liability Insurance Co., et al., No. 692, 2011, Del. Sup.; 2012 Del. LEXIS 480).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 10 ordered a new trial, before a new judge, in a dispute over infringement and ownership of the "Neurovision" trademark (Neurovision Medical Products Inc. v. NuVasive Inc., No. 11-55120, 9th Cir.). Subscribers may view the decision available within the full article.
SAN FRANCISCO - Finding no error in a California federal judge's decision to discount a declaration filed by aviator Charles E. "Chuck" Yeager in a dispute over autographed memorabilia, the Ninth Circuit U.S. Court of Appeals on Sept. 10 upheld a grant of summary judgment on behalf of two defendants (Charles E. Yeager v. Connie Bowlin et al., No. 10-15297, 9th Cir.). Subscribers may view the decision available within the full article.
SACRAMENTO, Calif. - A California federal judge on Sept. 6 denied a defendant's request for an emergency stay in a longstanding trademark infringement case (CytoSport Inc. v. Vital Pharmaceuticals Inc., No. 08-2632, E.D. Calif.). Subscribers may view the decision available within the full article.
HONOLULU - Citing a defendant's failure to enter any appearance in a copyright infringement action, a Hawaii federal magistrate judge on Sept. 10 recommended that a default judgment be entered (Pacific Stock Inc. v. MacArthur & Co. Inc. et al., No. 11-720, D. Hawaii). Subscribers may view the decision available within the full article.
WASHINGTON, D.C. - A patent infringement plaintiff that suffered an adverse summary judgment ruling won reversal Sept. 7 by the Federal Circuit U.S. Court of Appeals, which agreed that a Texas federal judge impermissibly read a use limitation into an apparatus claim (Textron Inc. v. American Eurocopter Corp., No. 11-1309, Fed. Cir.).
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 6 found the marks "Libya Embassy" and "Embassy of Libya" to be merely descriptive and not entitled to protection, disposing of infringement and cybersquatting claims brought by the government of Libya against a man holding Internet domains incorporating those marks (Libya and Embassy of Libya v. Ahmad Miski, No. 1:06-02046, D. D.C.; 2012 U.S. Dist. LEXIS 126861).
DETROIT - A defendant was largely rebuffed Sept. 7 in its effort to obtain dismissal of several claims pending against it in Michigan federal court when a judge found that the plaintiff had adequately alleged entitlement to relief (Humantech Inc. v. Caterpillar Inc., No. 11-14988, E.D. Mich.). Subscribers may view the decision available within the full article.
NEW YORK - A federal judge on Sept. 5 approved a settlement between the U.S. Department of Justice and electronic book publishers Hachette Book Group Inc., HarperCollins Publishers LLC and Simon & Schuster Inc. on the government's claims that e-book publishers and Apple Inc. conspired to fix prices of digital books in violation of federal antitrust laws (United States of America v. Apple, Inc., et al., No. 12 Civ. 2826, S.D. N.Y.). Subscribers may view the opinion available within the full article.
WASHINGTON, D.C. - A multipronged appeal by a patent infringement defendant was rejected in full Sept. 6 by the Federal Circuit U.S. Court of Appeals, which upheld a final judgment of infringement as well as a jury's award of $11 million in reasonable royalties and lost profit damages (K-TEC Inc. v. Vita-Mix Corporation, Nos. 11-1244, 1484, 1582, Fed. Cir.).
WASHINGTON, D.C. - A Delaware federal judge's decision to invalidate 36 asserted claims of a patent covering a class of drugs designed to treat stomach-acid-related diseases and disorders was at least partly erroneous, the Federal Circuit U.S. Court of Appeals ruled Sept. 4 (Santarus Inc. and The Curators of the University of Missouri v. Par Pharmaceutical Inc., No. 10-1360, Fed. Cir.).
ATLANTA - Finding no error in a Florida judge's grant of summary judgment on behalf of a Lanham Act defendant, the 11th Circuit U.S. Court of Appeals on Sept. 5 affirmed (Suntree Technologies Inc. v. Ecosense International Inc. and George Dussich, No. 11-13916, 11th Cir.).
NEW YORK - Deeming a modified trademark covering a red, lacquered outsole on a high fashion woman's shoe valid and enforceable, the Second Circuit U.S. Court of Appeals on Sept. 5 partly reversed a New York federal judge's "incorrect understanding" of the doctrine of aesthetic functionality (Christian Louboutin S.A. v. Yves Saint Laurent America Inc., No. 11-3303, 2nd Cir.). View related prior history, 2012 U.S. App. LEXIS 18663.
WASHINGTON, D.C. - A Texas federal judge did not err in entering judgment as a matter of law (JMOL) that Apple Inc. is not liable for infringing three patents pertaining to data organization and display, a divided Federal Circuit U.S. Court of Appeals ruled Sept. 4 (Mirror Worlds LLC v. Apple Inc., No. 11-1392, Fed. Cir.). Subscribers may view the decision available within the full article.
SAN FRANCISCO - Citing the existence of genuine issues of material fact, the Ninth Circuit U.S. Court of Appeals on Aug. 31 partly reversed a California federal judge's decision to grant summary judgment against a copyright infringement plaintiff (U.S. Auto Parts Network Inc. v. Parts Geek LLC et al., No. 10-56129, 9th Cir.).
WASHINGTON, D.C. - A deeply divided Federal Circuit U.S. Court of Appeals ruled Aug. 31 that although all the claimed steps of a method must be performed in order to find induced patent infringement, it is not necessary to prove that all steps were committed by a single entity (Akamai Technologies Inc. and The Massachusetts Institute of Technology v. Limelight Networks Inc., Nos. 09-1372, 1380, 1417; McKesson Technologies Inc. v. Epic Systems Corp., No. 10-1291, Fed. Cir.).
NEW YORK - Attorneys general of 55 U.S. states, districts and territories on Aug. 29 moved for preliminary approval of settlements worth $69 million with HarperCollins Publishers LLC, Hachette Book Group Inc., Simon & Schuster Inc. and Simon & Schuster Digital Sales Inc. related to allegations that the publishers engaged in a conspiracy to fix prices of digital books in violation of federal antitrust laws (In re Electronic Books Antitrust Litigation, No. 11-md-02293, S.D. N.Y. [ State of Texas, et al. v. Hachette Book Group, Inc., et al., No. 12-civ-6625, S.D. N.Y.]). View related prior history, 2012 U.S. Dist. LEXIS 90190.
NEW ORLEANS - A Texas federal judge committed no error in granting summary judgment to a defendant on allegations of copyright infringement or in denying the defendant an award of attorney fees, the Fifth Circuit U.S. Court of Appeals ruled Aug. 31 (Michael Baisden v. I'm Ready Productions Inc., No. 11-20290, 5th Cir.; 2012 U.S. App. LEXIS 18518).
SAN FRANCISCO - A federal judge in California on Aug. 28 dismissed without prejudice claims that PayPal Inc. violated federal antitrust law by permanently suspending the accounts of certain dating Websites for violation of its Acceptable Use Policy (AUP) while not suspending the accounts of other similar Websites, but the judge allowed unfair competition and common-law breach claims to continue (Infostream Group, Inc., et al. v. PayPal, Inc., No. C 12-748 SI, N.D. Calif.; 2012 U.S. Dist. LEXIS 122255).
WASHINGTON, D.C. - Resetting a hypothetical negotiation date and barring evidence of a settlement agreement from admission into evidence, the Federal Circuit U.S. Court of Appeals on Aug. 30 cleared the way for a third trial on damages owed by Quanta Computer Inc. (QCI) for infringing optical disc drives (ODDs) (LaserDynamics Inc. v. Quanta Computer Inc., Nos. 11-1440, 1370, Fed. Cir.). Subscribers may view the decision available within the full article.
DAYTON, Ohio - Merely visiting a website without obtaining a benefit from it does not bind a user to the site's "terms and conditions" or its forum selection clause, an Ohio federal magistrate judge ruled Aug. 28, finding that the court lacked jurisdiction over the site owner's federal Lanham Act claims and granting the defendants' motions to dismiss (Traton News LLC v. Traton Corp., et al., No. 3:11-cv-00435, S.D. Ohio; 2012 U.S. Dist. LEXIS 121947).
CHICAGO - Finding that neither side in a dispute over the use of trademarks in Internet advertising established whether any likelihood of confusion or disparagement had occurred, an Illinois federal judge on Aug. 27 denied both parties' motions for summary judgment (Morningware Inc. v. Hearthware Home Products Inc., No. 09-CV-4348, N.D. Ill.; 2012 U.S. Dist. LEXIS 121333).
SAN FRANCISCO - A California federal judge on Aug. 29 revealed that she will entertain issues of injunctive relief and trebled damages together, at one hearing, in the patent and trade dress lawsuit between Apple Inc. and Samsung Electronics Co. Ltd. (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.). View related prior history, 2012 U.S. App. LEXIS 15843.
WASHINGTON, D.C. - Clearing the way for immediate appeal of a noninfringement finding regarding two mobile device base station patents, a District of Columbia federal judge on Aug. 28 certified a final judgment pursuant to Federal Rule of Civil Procedure 54(b). (HTC Corporation et al. v. IPCom GMBH & Co., KG, No. 08-1897, D. D.C.). View related prior history, 2012 U.S. App. LEXIS 16210.