BALTIMORE - Two drug makers were awarded a preliminary injunction on Aug. 12, despite a Maryland federal judge's conclusion in February 2014 that a disputed patent is invalid as obvious (Par Pharmaceuticals Inc. and Alkermes Pharma Ireland Limited v. TWi Pharmaceuticals Inc., No. 11-2466, D. Md.).
WASHINGTON, D.C. - A dispute over a patent owner's written correspondence to businesses and nonprofit organizations threatening infringement litigation should be heard in Vermont state court, the Federal Circuit U.S. Court of Appeals ruled Aug. 11 (In re: MPHJ Technology Investments LLC, No. 14-137, Fed. Cir.).
DALLAS - Although a Texas federal judge found some of Yahoo Inc.'s counterclaims against a former promotional partner to be duplicative and unsupported in an Aug. 11 ruling, the judge declined to dismiss contractual and trade secrets claims related to an online $1 billion college basketball contest, finding them sufficiently pleaded (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).
SAN JOSE, Calif. - Google Inc. did not fully comply with a discovery order by producing only information it believed was relevant to a particular category of data, a California federal magistrate judge ruled Aug. 8, granting in part a motion for sanctions by the lead plaintiff in a putative class action alleging fraud in the Internet giant's AdWords program (Rick Woods, et al. v. Google Inc., No. 5:11-cv-01263, N.D. Calif.).
SAN FRANCISCO - A California federal judge did not err in awarding summary judgment and a permanent injunction in favor of a trademark infringement plaintiff, the Ninth Circuit U.S. Court of Appeals ruled Aug. 11, because the plaintiff established ownership of a valid trademark and that a defendant's use was likely to cause confusion (Southern California Darts Association v. Dina M. Zaffina and Southern California Darts Association Inc., No. 13-55780, 9th Cir.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 8 amended its January 2014 ruling in a dispute over the "Hendrix" trademark by removing a footnote pertaining to the Washington Personality Rights Act (WPRA) (Experience Hendrix LLC and Authentic Hendrix LLC v. HendrixLicensing.com Ltd. d/b/a Hendrix Artwork and HendrixArtwork.com and Andrew Pitsicalis, Nos. 11-35858, 11-35872, 9th Cir.).
SEATTLE - A commercial general liability insurer has no duty to defend or indemnify its insured against two class action lawsuits alleging violations of Michigan's Video Rental Privacy Act (VRPA) and California's Song-Beverly Credit Card Act, a Washington federal judge ruled Aug. 7, granting the insurer's motion for summary judgment in part (National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar Inc., et al., No. C13-1014-JCC, W.D. Wash.; 2014 U.S. Dist. LEXIS 109338).
SAN FRANCISCO - A company that operates a web platform for chatting online cannot conduct early discovery to identify domain name owners accused of spamming the website in violation of California's unfair competition law (UCL) because the company did not first make a sufficient effort to identify the spammers "through reasonably available mechanisms," a federal magistrate judge ruled Aug. 7 (Skout, Inc. v. Jen Processing, Ltd., et al., No. 14-2341, N.D. Calif.; 2014 U.S. Dist. LEXIS 109332).
JACKSONVILLE, Fla. - A copyright dispute over a software system for automotive dealerships was dismissed by a Florida federal judge on Aug. 8 pursuant to Federal Rule of Civil Procedure 12(b)(6) (AppSoft Development Inc. v. Diers Inc., et al., No. 13-1520, M.D. Fla.).
ST. LOUIS - An Iowa federal judge's decision to award a false advertising defendant summary judgment was reversed Aug. 8 by the Eighth Circuit U.S. Court of Appeals (Syngenta Seeds Inc. v. Bunge North America Inc., No. 13-1391, 8th Cir.).
ST. PAUL, Minn. - In light of evidence that a law firm and the adult entertainment firm that it purports to represent initiated a lawsuit and sought discovery related to Doe downloading defendants in bad faith, a Minnesota Court of Appeals panel on Aug. 4 upheld sanctions against them in the form of attorney fees (Guava LLC, et al. v. Spencer Merkel, et al., No. A13-2064, Minn. App.; 2014 Minn. App. Unpub. LEXIS 829).
MIAMI - Absent a showing that an arrestee's cell phone contained evidence that was likely to be destroyed, a Florida appeals panel on Aug.6 held that credit card evidence obtained from the phone by arresting officers without a warrant was improperly admitted and should have been suppressed (Viervens Saint-Hilaire v. The State of Florida, No. 3D12-1730, Fla. App., 3rd Dist.; 2014 Fla. App. LEXIS 12039).
WASHINGTON, D.C. - A pro se plaintiff prevailed on appeal to the Federal Circuit U.S. Court of Appeals Aug. 7, winning remand of a decision by the Trademark Trial and Appeal Board that dismissed his opposition to a trademark application for "Nightlife Television" (Michael J. Cutino v. Nightlife Media Inc., No. 13-1541, Fed. Cir.).
WASHINGTON, D.C. - A California federal judge properly found no genuine issue of material fact that Lockheed Martin does not infringe two patents relating to a method for counting particles in gases or fluids and measuring their size, the Federal Circuit U.S. Court of Appeals affirmed Aug. 6 (Aleksandr Yufa v. Lockheed Martin Corporation, No. 14-1256, Fed. Cir.).
PHILADELPHIA - A New Jersey federal judge properly found that a copyright defendant had knowledge of a company's infringing activities, but she erred in awarding the prevailing plaintiff $4.5 million in damages, the Third Circuit U.S. Court of Appeals held Aug. 6 (Star Pacific Corp. v. Star Atlantic Corp., et al., No. 12-2253, 3rd Cir.).
SAN FRANCISCO - Although an Arizona federal judge properly concluded that expansion of a Mexican hotel chain into the United States would likely confuse consumers, his balancing of the equities was an abuse of discretion, the Ninth Circuit U.S. Court of Appeals ruled Aug. 6, vacating a preliminary injunction (La Quinta Worldwide LLC v. Q.R.T.M. S.A. de C.V., No. 12-15985, 9th Cir.).
HARTFORD, Conn. - A patent dispute over a database security system will proceed, albeit without claims for contributory, induced or willful infringement, a Connecticut federal judge ruled Aug. 5 (Protegrity Corporation v. Paymetric Inc., No. 13-1549, D. Conn.).
MARSHALL, Texas - A jury's verdict that a defendant directly and indirectly infringed a patent relating to cache memory but that the infringement was not willful will stand, a Texas federal judge ruled Aug. 4 (OPTi Inc. v. VIA Technologies Inc., No. 10-279, E.D. Texas).
CHICAGO - Allegations that hip-hop stars Andrew Young, better known as "Dr. Dre," and Shawn Carter, better known as "Jay-Z," infringed a copyrighted musical work were dismissed Aug. 5 by an Illinois federal judge (Clara Shepherd Warrick and Jimmy Lee Weary v. William Roberts II, et al., No. 13-8326, N.D. Ill.).
ORLANDO, Fla. - Five corporate plaintiffs may proceed with their request for a declaratory judgment of patent invalidity because a sufficient controversy exists between them and a defendant, a Florida federal judge ruled Aug. 4 (Industrial Engineering and Development Inc., et al. v. Static Control Components Inc., No. 12-691, M.D. Fla.).
MANCHESTER, N.H. - A New Hampshire federal judge on Aug. 4 dismissed a copyright dispute over medical illustrations used in a diagnostic medical sonography (DMS) program, on grounds that jurisdiction is lacking over a defendant (Bernard E. Bulwer v. Massachusetts College of Pharmacy and Health Science, No. 13-521, D. N.H.).
PINE BLUFF, Ark. - There is no coverage under a commercial general liability insurance policy for underling claims that a manufacturer insured improperly acquired and sold a lubricant blended with another company's secret formula, an Arkansas federal judge ruled Aug. 1, granting the insurer's motion for summary judgment (Pinnacle Resources Inc. v. Chartis Specialty Insurance Co., No. 5:13CV00240 SWW, E.D. Ark.; 2014 U.S. Dist. LEXIS 105402).
WASHINGTON, D.C. - A Virginia federal judge's determination that two defendants did not infringe several patents relating to data mediation software was reversed in part and vacated in part on Aug. 1 by the Federal Circuit U.S. Court of Appeals (Amdocs Israel Limited v. Openet Telecom Inc. et al., No. 13-1212, Fed. Cir.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Aug. 1 resolved two conflicting summary judgment rulings from two federal courts, siding with Wi-LAN USA Inc. and Wi-LAN Inc. (Wi-LAN, collectively) in their patent dispute with Ericsson Inc., Telefonaktiebolaget LM Ericsson, Sony Mobile Communications AB and Sony Mobile Communications (USA) Inc. (Ericsson, collectively) (WiLAN USA Inc. et al. v. Ericsson Inc. et al., Nos. 13-1485, -1566, Fed. Cir.).
WILMINGTON, Del. - A patent infringement defendant's counterclaim of invalidity was dismissed by a Delaware federal judge on July 31, but the same defendant won leave to amend its allegations of inequitable conduct (EMC Corporation et al. v. Zerto Inc., No. 12-956, D. Del.).