LexisNexis® Legal Newsroom
    Federal Circuit Partly Reverses Patent Infringement Judgment

    WASHINGTON, D.C. - In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on Nov. 25 partly reversed a judgment of noninfringement in a dispute over a billing system patent (Centillion Data Systems v. Qwest Communications International Inc., No. 13-1084, Fed. Cir.).

    Ohio Federal Judge Transfers Patent Case To Florida

    CLEVELAND - Although denying dismissal, an Ohio federal judge on Nov. 22 nonetheless agreed to transfer patent litigation to the U.S. District Court for the Southern District of Florida (Canplas Industries Ltd. v. InterVac Design Corporation, No. 13-1565, N.D. Ohio).

    9th Circuit: Doctrine Of Tacking Properly Applied In Trademark Case

    SAN FRANCISCO - A California federal judge did not err in upholding a jury's finding that a defendant is entitled to priority as the first to use the "Hana" trademark, the Ninth Circuit U.S. Court of Appeals ruled Nov. 22 (Hana Financial Inc. v. Hana Bank, No. 11-56678, 9th Cir.).

    Federal Circuit Vacates Enhanced Damages In Patent Case

    WASHINGTON, D.C. - Although a California federal judge properly entered judgment that a tobacco pipe patent is valid and infringed, he erred in finding that two defendants' infringement of the patent was willful, according to a Nov. 21 ruling by the Federal Circuit U.S. Court of Appeals (Jake Lee v. Mike's Novelties Inc., d/b/a Mike's Worldwide Imports, et al., No. 13-1049, Fed. Cir.).

    California Federal Jury Awards $290 Million In Apple, Samsung Retrial

    SAN FRANCISCO - In its third day of deliberations, a California federal jury on Nov. 21 awarded Apple Inc. damages of $290,456,793 for Samsung Electronics Co. Ltd.'s infringement of several smart phone patents (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.).

    Federal Judge Dismisses Willfulness Allegation In Patent Litigation

    WILMINGTON, Del. - A patent infringement complaint's request for a declaration that the case is exceptional is not the same as a claim for willful patent infringement, a Delaware federal judge ruled Nov. 20 (Inventio AG v. ThyssenKrupp Elevator Americas Corp. et al., No. 08-874, D. Del.).

    Samsung Seeks Emergency Stay Of Deliberations In Patent Dispute With Apple

    SAN FRANCISCO - A California federal judge on Nov. 20 was asked to halt jury deliberations in the damages retrial between Apple Inc. and Samsung Electronics Co. Ltd., after Samsung filed an emergency motion to stay the case (Apple Inc. v. Samsung Electronics Co. Ltd. et al., No. 11-1846, N.D. Calif.).

    Supreme Court Denies Mandamus Over Surveillance Court's Collection Of Verizon Data

    WASHINGTON, D.C. - In its Nov. 18 order list, the U.S. Supreme Court denied a writ of mandamus in which the Electronic Privacy Information Center (EPIC) sought a ruling that the Foreign Surveillance Intelligence Court (FISC) exceeded its authority by ordering Verizon Business Network Services to submit call detail records to it (In Re Electronic Privacy Information Center, No. 13-58, U.S. Sup.).

    South Carolina Federal Judge Denies Injunctive Relief In Trade Dress Dispute

    FLORENCE, S.C. - A plaintiff's request that a South Carolina federal judge stop the "rampant confusion" between competing candy stores was rejected Nov. 19 (It'Sugar LLC v. I Love Sugar Inc., No. 13-1644, D. S.C.).

    Apple Seeks Dismissal Of States' Damages Action In E-Books Conspiracy Litigation

    NEW YORK - Apple Inc. on Nov. 15 moved to dismiss an action by the attorneys general of several states which alleges that Apple conspired with publishers to fix prices of electronic books, arguing that the district court lacks subject-matter jurisdiction over the states' damages action against Apple because the states have not suffered any injury-in-fact and, therefore, do not have constitutional standing (In re Electronic Books Antitrust Litigation, 11-MD-2293, S.D. N.Y. $(State of Texas, et al. v. Penguin Group (USA) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.$)).

    Florida Federal Judge Won't Bar Expert Testimony In Trademark Dispute

    TAMPA, Fla. - Efforts by a trademark defendant to exclude the testimony of a certified public accountant (CPA) were thwarted Nov. 19, when a Florida federal judge denied the request (Health and Sun Research Inc. v. Australian Gold LLC, No. 12-2319, M.D. Fla.).

    California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

    SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid drug companies nearly $400 million to drop challenges to Bayer's Cipro patent and to refrain from selling generic versions of the drug (Cipro Cases I and II $(All Actions$), Judicial Council Coordination Proceeding Nos. 4154 and 4220, Calif. Super., San Diego Co.).

    Federal Circuit Reverses Injunction Denial In Apple, Samsung Dispute

    WASHINGTON, D.C. - Finding that Apple Inc. presented some evidence of a "causal nexus" between infringing smartphone and tablet devices sold by Samsung Electronics Co. Ltd. and a loss of sales and market share, a Federal Circuit U.S. Court of Appeals panel on Nov. 18 vacated in part a lower court's denial of Apple's motion for a permanent injunction and remanded for further consideration (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 2013-1129, Fed. Cir.; 2013 U.S. App. LEXIS 23167).

    Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

    BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the medication out of the market, but the judge denied the end-payers' motion for certification of an injunctive class (In re Nexium $(Esomeprazole$) Antitrust Litigation, No. 12-md-02409, D. Mass.; 2013 U.S. Dist. LEXIS 162276, 2013 U.S. Dist. LEXIS 162496).

    3rd Circuit Affirms Dismissal Of Copyright Claims Against Viacom

    PHILADELPHIA - Allegations that Viacom Inc. copied a plaintiff's treatment for a reality television show were properly dismissed by a Pennsylvania federal judge, the Third Circuit U.S. Court of Appeals ruled Nov. 14 (Charles L. Sims v. Viacom Inc., No. 13-1567, 3rd Cir.).

    2nd Circuit: 'Mister Charbucks' Won't Dilute Starbucks Trademark

    NEW YORK - A New York federal judge did not clearly err in finding that a defendant's "Mister Charbucks" and "Charbucks Blend" trademarks are not likely dilutive of the "Starbucks" trademarks, the Second Circuit U.S. Court of Appeals held Nov. 15 in its third ruling in the dispute (Starbucks Corp. v. Wolfe's Borough Coffee Inc., No. 12-364, 2nd Cir.).

    Damages Retrial Under Way In Patent Dispute Between Apple, Samsung

    SAN FRANCISCO - Eight jurors were empanelled Nov. 12 in a California federal court and charged with the task of deciding damages in a high-stakes patent dispute that already yielded a $1.04 billion award (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 11-1846, N.D. Calif.).

    Pop Stars Win Dismissal In Ohio Copyright Case

    COLUMBUS, Ohio - Singers Usher Raymond, who performs under the stage name Usher, and Katy Perry were dismissed Nov. 12 from a copyright infringement action in Ohio, after a federal magistrate judge found that a plaintiff failed to satisfy the requirements of Federal Rule of Civil Procedure 12(b)(6) (Bruce Lyles v. Capital-EMI Music Inc. et al., No. 12-751, S.D. Ohio; 2013 U.S. Dist. LEXIS 161137).

    Google Books Project Qualifies As Fair Use, Federal Judge Says

    NEW YORK - Citing the "significant public benefits" offered by the Google Books project, Judge Denny Chin of the Second Circuit U.S. Court of Appeals, sitting by designation in the U.S. District Court for the Southern District of New York, on Nov. 14 dismissed copyright infringement claims levied against Google Inc. (The Author's Guild Inc. et al. v. Google Inc., No. 05-8136, S.D. N.Y.).

    Delaware Federal Judge Grants Dismissal Of Patent Case Against Zappos

    WILMINGTON, Del. - A Delaware federal judge on Nov. 13 agreed with a defendant that an asserted patent is ineligible for protection pursuant to 35 U.S. Code Section 101 (UbiComm LLC v. Zappos IP Inc., No. 13-1029, D. Del.).

    Pennsylvania Federal Judge Won't Exclude Experts From Testifying In Patent Case

    HARRISBURG, Pa. - A patent dispute will proceed with the testimony of two competing expert witnesses, thanks to two Nov. 13 rulings by a Pennsylvania federal judge (Kimberly Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M.D. Pa.).

    Supreme Court Won't Review Fair Use Ruling

    WASHINGTON, D.C. - Findings by the Second Circuit U.S. Court of Appeals that a series of accused artworks made a fair use of a photographer's images will stand, thanks to a Nov. 12 order by the U.S. Supreme Court (Patrick Cariou v. Richard Prince et al., No. 13-261, U.S. Sup.).

    Copyright Case Moved From District Of Columbia To Nevada Federal Court

    WASHINGTON, D.C. - A dispute over a copyrighted article would more properly be heard in Nevada federal court, according to a Nov. 13 ruling by a District of Columbia federal judge (David T. Shaheen v. Charles J. Smith et al., No. 12-1168, D. D.C.).

    Putative Class Action Filed Over Adobe Systems Security Breach

    SAN JOSE, Calif. - A graphic designer filed a putative class action against Adobe Systems Inc. in California federal court on Nov. 11, leveling claims of unfair business practices and breach of contract related to a massive security breach that the software giant recently experienced (Christina Halpain v Adobe Systems Inc., No. 5:13-cv-05226, N.D. Calif.).

    Web Designer's Disparaging Ad Violated Cybersquatting Consent Order, Judge Rules

    HARRISONBURG, Va. - A website designer violated the nondisparagement clause of a consent injunction by posting an ad that was intended to damage the reputation of his former client, a Virginia federal judge ruled Nov. 12, granting in part the plaintiff's motion to enforce judgment and issuing an award of attorney fees (Allstar Lodging Inc. v. William Rookard, et al., No. 5:13-cv-00053, W.D. Va.; 2013 U.S. Dist. LEXIS 160845).