DENVER - Although a copyright claim is not moot as asserted by a defendant, a Colorado federal judge on July 5 nonetheless agreed that summary judgment is warranted because the plaintiff is unable to demonstrate that revenue obtained by the defendant was attributable to infringement (Predator International Inc. v. Gamo Outdoor USA Inc., No. 09-970, D. Colo.; 2012 U.S. Dist. LEXIS 92745).
NEW YORK - A New York federal judge did not err in dismissing allegations of copyright infringement levied against Hilton Hotels Corp., the Second Circuit U.S. Court of Appeals ruled July 9 (Aqua Creations USA Inc. v. Hilton Hotels Corporation, No. 11-1798, 2nd Cir.; 2012 U.S. App. LEXIS 13877).
PARIS - Two technology companies involved in a dispute over certain royalties owed under a patent license agreement on July 9 both announced that the International Court of Arbitration of the International Chamber of Commerce (ICC) has issued an interim award in the case.
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 5 ruled that the automatic stay in a personal bankruptcy did not apply to an underlying trademark infringement case that was pending because granting the stay would permit the debtor to continue committing the tort of infringement (Dominic's Restaurant of Dayton Inc. v. Christie L. Mantia, et al, No. 10-3376, Chapter 13, 6th Cir. 2012 U.S. App. LEXIS 13665).
INDIANAPOLIS - In what was deemed a "difficult" question, a Indiana federal judge on July 6 found that a "broadly-worded" release contained with a settlement of litigation over noncompete agreements did not foreclose a second, subsequent lawsuit relating to patents (Cook Incorporated v. Endologix Inc., No. 09-1248, S.D. Ind.; 2012 U.S. Dist. LEXIS 93734).
SAN FRANCISCO - A July 1 preliminary injunction will remain in place while patent infringement defendants Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) appeal to the Federal Circuit U.S. Court of Appeals, a California federal judge ruled July 3 (Apple Inc. v. Samsung Electronics Co. Ltd. et al., No. 12-630, N.D. Calif.). Subscribers may view the order available within the full article.
MINNEAPOLIS - A law firm on July 2 failed to secure dismissal of copyright infringement allegations levied in connection with the firm's practice of using journal articles in various patent applications (American Institute of Physics et al. v. Schwegman, Lundberg & Woessner, No. 12-528, D. Minn.). Subscribers may view the decision available within the full article.
ORLANDO, Fla. - Allegations that General Electric Co. (GE) wind turbines capable of individual blade pitch control infringe a Mitsubishi Heavy Industries Ltd. patent were rejected by a Florida federal judge July 5 (Mitsubishi Heavy Industries Ltd. v. General Electric Co., No. 10-812, M.D. Fla.). Subscribers may view the order available within the full article.
WASHINGTON, D.C. - A Delaware judge erred in barring Shionogi Pharma Inc. from sales of a generic form of the popular diabetes drug Fortamet, the Federal Circuit U.S. Court of Appeals ruled July 2 (Shionogi Pharma Inc. v. Lupin Ltd. et al., No. 12-1228, Fed. Cir.). Subscribers may view the decision available within the full article.
BOSTON - Finding "no doubt" that a Massachusetts judge's jury instructions failed to "make clear that objective recklessness is also a basis for finding willfulness in the civil context," the First Circuit U.S. Court of Appeals nonetheless declined the opportunity to undo the jury's verdict in a trademark infringement and unfair competition case (Fishman Transducers Inc. v. Stephen Paul et al., No. 11-1663, 1st Cir.).
ST. LOUIS - Citing a lack of evidence that defendant William Morris Endeavor Entertainment LLC (WME) has maintained sufficient minimum contacts to support a finding of personal jurisdiction in a copyright case, a Missouri federal judge on July 2 granted dismissal (Ray K. Harter Jr., et al. v. Disney Enterprises Inc., et al., No. 11-2207, E.D. Mo.; 2012 U.S. Dist. LEXIS 91153).
SAN FRANCISCO - A request by plaintiff Apple Inc. for a preliminary injunction barring Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) from domestic sales of the "Galaxy Nexus" smartphone was granted July 1 by a California federal judge, who deemed Apple likely to succeed on the merits of its patent infringement claims (Apple Inc. v. Samsung Electronics Co. Ltd. et al., No. 12-630, N.D. Calif.). Subscribers may view the decision available within the full article.
NEW YORK - The federal judge in New York overseeing the antitrust actions against Google Inc. and several publishers, including Penguin Group (USA) Inc., alleging that the defendants conspired to fix prices of electronic books, on June 27 denied Penguin's motion to compel arbitration of the federal antitrust claims of the plaintiffs who purchased their e-books through Amazon.com and Barnes & Noble (In re: Electronic Books Antitrust Litigation, (All Actions), Nos. 11 MD 2293, 11 Civ. 5576, 11 Civ. 5609, 11 Civ. 5621, 11 Civ. 5707, 11 Civ. 5750, 11 Civ. 5896, 11 Civ. 5898, 11 Civ. 5976, 11 Civ. 6019, 11 Civ. 6079, 11 Civ. 7507, 11 Civ. 7534, 11 Civ. 7323, 11 Civ. 8329, 11 Civ. 8608, 11 Civ. 9016, 11 Civ. 9014, 11 Civ. 9559, 11 Civ. 9560, 11 Civ. 9561, 11 Civ. 9562, 11 Civ. 9563, 11 Civ. 9564, 11 Civ. 9565, 11 Civ. 9566, 11 Civ. 9567, 12 Civ. 0476, S.D. N.Y.; 2012 U.S. Dist. LEXIS 90190).
GREEN BAY, Wis. - Although a Wisconsin federal judge found that two interactive websites operated by a sewing machine parts manufacturer constituted solicitation under the state's long-arm statute, he held that the firm lacked sufficient minimum contacts with the state to satisfy the due process clause of the 14th Amendment of the U.S. Constitution, leading him to dismiss a complaint for trademark infringement and cybersquatting for lack of personal jurisdiction (Marvel Manufacturing Company Inc. v. Koba Internet Sales LLC, No. 1:11-cv-00961, E.D. Wis.; 2012 U.S. Dist. LEXIS 88841).
GREENVILLE, S.C. - A plaintiff's claims of infringement of the "Monster" trademark are sufficiently pleaded pursuant to Ashcroft v. Iqbal (556 U.S. 662, 678 $(2009$)), a South Carolina federal judge ruled June 29, denying dismissal (Monster Daddy LLC v. Monster Cable Products Inc., No. 10-1170, D. S.C.).
NEW YORK - A New York federal judge did not err in finding that a defendant's decision to license a musical work to popular music group The Black Eyed Peas constitutes copyright infringement, the Second Circuit U.S. Court of Appeals ruled June 28 (Orrin Lynn Tolliver v. James Louis McCants, No. 11-2697, 2nd Cir.).
SEATTLE - Plaintiffs claiming that a phone manufacturer and weather app company failed to disclose tracking activities that drained battery life successfully allege injury and unfair and unlawful conduct under the California unfair competition law (UCL), a Washington judge held June 26 (Chad Goodman, John J. Olson and James Worsham v. HTC America Inc., et al., No. 11-1793, W.D. Wash.; 2012 U.S. Dist. LEXIS 88496).
WASHINGTON, D.C. - After denying a copyright holder's motion to compel an Internet service provider (ISP) to submit personally identifying information of 351 Doe defendants in an infringement case, a District of Columbia federal judge on June 26 denied as moot motions to quash discovery by eight of those Does (Millennium TGA Inc. v. Comcast Cable Communications LLC, No. 1:12-mc-00150, D. D.C.; 2012 U.S. Dist. LEXIS 88369).
ST. LOUIS - Denying summary judgment, a Missouri federal judge on June 26 rejected a defendant's assertion that a breach of contract claim is preempted by the Copyright Act (Two Palms Software Inc., et al. v. Interstate Logistics LLC, et al., No. 10-1045, E.D. Mo.).
SAN FRANCISCO - Citing the existence of genuine issues of material fact with regard to likelihood of confusion and use in commerce, the Ninth Circuit U.S. Court of Appeals on June 27 vacated and remanded a California judge's grant of summary judgment on behalf of a trademark infringement and cybersquatting defendant (Rearden LLC, et al. v. Rearden Commerce Inc., No. 10-16665, 9th Cir.). Subscribers may view the decision available within the full article.
WASHINGTON, D.C. - A patent application covering a computing device for processes such as addition and subtraction using nanoscale materials in a crossbar array would have been obvious to one having ordinary skill in the art, the Federal Circuit U.S. Court of Appeals affirmed June 26 (In re: Mouttet, No. 11-1451, Fed. Cir.).
NEW YORK - The Official Committee of Retired Employees of Eastman Kodak Co. on June 27 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, objecting to Kodak's proposal to sell its patent assets on grounds that the process is "arbitrary, unfair and prejudicial" (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - In a reversal, the Second Circuit U.S. Court of Appeals found June 26 that three plaintiffs adequately alleged a contract that included an implied license to pay and that as such, their claim is based on rights that are not equivalent to those protected by the Copyright Act (Forest Park Pictures, et al. v. Universal Television Network Inc., et al., No. 11-2011, 2nd Cir.). Subscribers may view details of the decision available within the full article.
NEW YORK - The trial in the U.S. government's antitrust action against Google Inc. and several publishers for conspiring to fix prices of electronic books is set to begin June 3, 2013, according to a June 25 scheduling order filed by the federal judge in New York overseeing the litigation (In re: Electronic Books Antitrust Litigation $(All Actions$), No. 11 MD 2293, S.D. N.Y.; United States of America v. Apple, Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; State of Texas, et al. v. Penguin Group $(USA$) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.). Subscribers may view details of the scheduling order available within the full article.
NEW YORK - A New York federal judge did not err in dismissing a copyright infringement lawsuit over the New York Yankees' logo, the Second Circuit U.S. Court of Appeals ruled June 26 (Tanit Buday v. New York Yankees Partnership, No. 11-4803, 2nd Cir.).