NASHVILLE, Tenn. - A declaratory judgment action seeking declarations of noninfringement of design patents and trade dress will proceed without a claim for false advertising under the Lanham Act, thanks to a June 4 ruling by a Tennessee federal judge (R and L Merchandise LLC v. Alex and Ani LLC, No. 12-1081, M.D. Tenn.).
TYLER, Texas - Calling severance "the most efficient way to handle" a matter of an ongoing royalty in a patent dispute, a Texas federal judge on June 4 denied a motion by Apple Inc. to alter or amend a judgment and unsever a royalty determination (VirnetX Inc. v. Apple Inc., No. 6:10-cv-00417, E.D. Texas).
OAKLAND, Calif. - A federal judge in California on May 30 granted final approval to a $27 million settlement of purchasers' claims that a manufacturer of interactive video game software violated antitrust law by entering into exclusive trademark licenses with U.S. football associations (Geoffrey Pecover, et al. v. Electronic Arts Inc., No. 08-cv-02820, N.D. Calif.).
NEW YORK - A New York federal judge erroneously dismissed allegations of trademark infringement, false designation of origin and reverse confusion emanating from Oprah Winfrey's adoption of the slogan "Use Your Power," the Second Circuit U.S. Court of Appeals ruled May 31 (Simone Kelly-Brown and Own Your Power Communications Inc. v. Oprah Winfrey et al., No. 12-1207, 2nd Cir.).
WASHINGTON, D.C. - The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari on June 3 in a longstanding dispute over toner cartridges (Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873, U.S. Sup.).
NEW YORK - The federal judge in New York overseeing the multidistrict litigation against Apple Inc. on claims that the company conspired with several publishers to fix prices of electronic books approved the dismissal of several state-law claims on May 29, just days before the June 3 trial date (In re: Electronic Books Antitrust Litigation, No. 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.).
SALT LAKE CITY - Saying that a cookie company asserting trademark infringement and unfair competition failed to show Utah jurisdiction over the New Jersey-based defendant, a federal judge on May 29 dismissed the claims (Caspers Ice Cream Inc. v. The Fatboy Cookie Company Inc., No. 1:12-CV-133, D. Utah, Central Div.; 2013 U.S. Dist. LEXIS 76058).
TRENTON, N.J. - Efforts by a patent infringement plaintiff to reopen its case almost 1-1/2 years after prevailing on re-examination before the U.S. Patent and Trademark Office (PTO) were successful, a New Jersey federal judge ruled May 30 (Artemi Ltd. v. Safe-Strap Co. Inc., No. 03-3382, D. N.J.).
BOSTON - Claims by Boston University (BU) that a Taiwanese company and its Texas-based subsidiary infringed a light-emitting diode (LED) patent will proceed in Massachusetts federal court, a federal judge ruled May 29 (Boston University v. Everlight Electronics Co. Ltd. and Everlight Americas Inc., No. 12-11935, D. Mass.).
NEW ORLEANS - A Texas federal judge did not err in denying a breach of contract and copyright infringement plaintiff preliminary injunctive relief, the Fifth Circuit U.S. Court of Appeals ruled May 30 (Nexstar Broadcasting Inc. v. Time Warner Inc., No. 12-10935, 5th Cir.).
CLEVELAND - Efforts by two defendants to obtain dismissal of copyright infringement and trade secret misappropriation allegations levied in Ohio federal court were unsuccessful on May 29 (Cleveland Clinic Foundation v. Quinton D. Studer, et al., No. 12-1999, N.D. Ohio).
ST. LOUIS - Deeming a trademark infringement and dilution plaintiff's complaint sufficient, a Missouri federal magistrate judge on May 29 refused to dismiss the dispute (MoreSource Inc. v. Extra Help Inc., No. 13-235, E.D. Mo.).
WILMINGTON, Del. - A dispute over several patents relating to the brand-name drug Norvir would be more properly heard in Ohio federal court, a Delaware federal magistrate judge ruled May 28 (Abbott Laboratories v. Roxane Laboratories Inc., No. 12-457, D. Del.).
CHICAGO - Because a complaint fails to identify any third party or publication that allegedly infringed a series of copyrights, an Illinois federal judge on May 29 dismissed allegations of contributory infringement (Panoramic Stock Images Ltd. v. Pearson Education Inc., No. 12-9918, N.D. Ill.).
WILMINGTON, Del. - A November recommendation by a Delaware federal magistrate judge that induced patent infringement allegations levied against Yahoo! Inc. should be dismissed was adopted May 24 by U.S. Judge Leonard P. Stark of the District of Delaware (Pragmatus AV LLC v. Yahoo! Inc., No. 11-902, D. Del.).
DAYTON, Ohio - A trademark infringement plaintiff won both an award of attorney fees and permanent injunctive relief on May 28 when an Ohio federal judge reversed course in light of a February ruling by the Sixth Circuit U.S. Court of Appeals (Yellowbook Inc. v. Steven M. Brandeberry and American Telephone Directories Inc., No. 10-25, S.D. Ohio).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 28 unanimously affirmed a man's conviction of wire fraud and violation of the Digital Millennium Copyright Act (DMCA) for unauthorized sale of Microsoft software product activation codes, finding no error in a lower court's judgment and its sentence of more than five years' imprisonment and $28,000 in fines (United States of America v. Adonis Gladney, No. 10-50170, 9th Cir.).
WILMINGTON, Del. - A Delaware federal judge on May 24 granted in part motions to dismiss infringement claims brought by a patent holding company against Amazon.com Inc., Oracle Corp. and Rackspace Hosting Inc., finding that the patent holder failed to plead facts supporting induced infringement (Clouding IP LLC v. Amazon.com Inc., et al., No. 1:12-cv-00641, 1:12-cv-00642 and 1:12-cv-00675, D. Del.; 2013 U.S. Dist. LEXIS 73655).
DETROIT - Because a plaintiff's complaint for patent infringement complies with the requirements of Form 18 of the Appendix of Forms to the Federal Rules of Civil Procedure, a Michigan federal judge on May 22 denied a motion for dismissal (Burroughs Inc. v. Panini North America Inc., No. 12-14804, E.D. Mich.).
ATLANTA - A Georgia federal judge did not err in upholding a jury's verdict of trademark infringement and false designation of origin by several defendants despite an earlier summary judgment ruling that various items asserted by a plaintiff were not entitled to trade dress protection, according to a May 22 ruling by the 11th Circuit U.S. Court of Appeals (B and F System Inc. v. Lloyd Leblanc, et al., No. 12-13946, 11th Cir.).
DETROIT - A trademark and patent infringement dispute over the manufacture and sale of "smart" vehicles will proceed with one less defendant, a Michigan federal judge ruled May 22 (Daimler AG v. Des Moines Motors Inc. et al., No. 11-13588, E.D. Mich.).
SAVANNAH, Ga. - A Georgia federal magistrate judge on May 20 granted in part a copyright owner's motion for expedited discovery in a BitTorrent file-sharing case, but only as to one of the 31 alleged Doe infringers, severing the rest (Voltage Pictures LLC v. Does 1-31, No. 4:13-cv-00037, S.D. Ga.; 2013 U.S. Dist. LEXIS 71233).
NEW YORK - Texas and several other states and territories and classes of purchasers have reached an agreement with Penguin Group (USA) Inc. on allegations that several publishers and Apple Inc. conspired to fix prices of electronic books, according to a May 22 letter filed with the federal judge in New York overseeing the multidistrict litigation (In re: Electronic Books Antitrust Litigation $(All Actions$), No. 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.)
WASHINGTON, D.C. - A Wisconsin federal judge erroneously construed a disputed claim term in a dispute over a snowplow assembly, the Federal Circuit U.S. Court of Appeals ruled May 21 (Douglas Dynamics Inc. v. Buyers Products Co., Nos. 2011-1291, 2012-1046, -1057, -1087 and -1088, Fed. Cir.).
DENVER - A Colorado federal judge erroneously granted summary judgment on behalf of a copyright defendant because the plaintiff demonstrated a prima facie case of infringement, the 10th Circuit U.S. Court of Appeals ruled May 21 (Enterprise Management Limited Inc. and Mary Lippitt v. Donald W. Warrick, No. 12-1017, 10th Cir.).