Tenn. Federal Judge Grants Dismissal Of False Advertising Claim

    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.).

    Judge Declines To Unsever Royalty Determination In Apple, VirnetX Patent Case

    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).

    Purchasers' Settlement With Video Game Software Maker Receives Final Approval

    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.).

    2nd Circuit Reverses: Oprah Winfrey's Use Of Phrase Not Fair

    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.).

    Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

    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.).

    Several State-Law Claims Against Apple Are Dismissed On Eve Of Antitrust Trial

    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.).

    Cookie Company's Lawsuit Crumbles Over Lack Of Utah Jurisdiction

    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).

    New Jersey Federal Judge Reopens Formerly Stayed Patent Case

    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.).

    Dismissal Denied In Massachusetts Patent Case

    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.).

    Injunction Properly Denied In Copyright Case, 5th Circuit Says

    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.).

    Ohio Judge Says Trade Secret Claim Not Preempted By Copyright Act

    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).

    Missouri Magistrate Denies Dismissal In Dispute Over 'Moresource' Trademark

    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.).

    Patent Case Should Be Litigated In Ohio, Delaware Magistrate Says

    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.).

    Direct Infringement Claims Survive Dismissal Motion In Illinois Copyright Case

    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.).

    Delaware Judge Adopts Report, Partly Dismisses Patent Claims Against Yahoo!

    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.).

    On Remand, Ohio Judge Enters Permanent Injunction In Trademark Dispute

    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).

    9th Circuit Affirms Judgment Against Man Convicted For Selling Microsoft Codes

    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.).

    Some Cloud-Computing Patent Infringement Claims Against Amazon, Oracle Dismissed

    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).

    Dismissal Denied In Dispute Over Check-Processing Patent

    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.).

    11th Circuit Affirms Damages, Infringement Finding In Trademark Case

    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.).

    Defendant Dismissed From Trademark Case On Jurisdiction Grounds

    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.).

    Magistrate Judge Severs All But 1 Doe In File-Sharing Case

    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).

    States, Penguin Settle E-Books Price-Fixing Litigation; Apple Set For Trial

    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.)

    Federal Circuit Reverses Claim Construction, Denial Of Relief In Patent Case

    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.).

    10th Circuit Reverses Dismissal Of Copyright Dispute Over Diagram

    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.).