LAS VEGAS - Two trademark infringement plaintiffs are entitled to an award of attorney fees despite succeeding on only two of their five claims, a Nevada federal judge ruled Jan. 14 (Fifty-Six Hope Road Music Ltd. et al. v. A.V.E.L.A. Inc. et al., No. 08-105, D. Nev.).
NEW YORK - Bankrupt Eastman Kodak Co. on Jan. 15 moved in the U.S. Bankruptcy Court for the Southern District of New York for an order enforcing an automatic stay and dismissing Kyocera Corp.'s adversary complaint alleging patent infringement claims (Kyocera Corporation v. Eastman Kodak Company $(In Re: Eastman Kodak Company, Adv. No. 13-01093, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
PHILADELPHIA - Allegations that Curtis Jackson, also known as rap star 50 Cent, committed copyright infringement were properly rejected for failure to state a claim, the Third Circuit U.S. Court of Appeals ruled Jan. 11 (Shadrach Winstead v. Curtis Jackson, aka Fifty Cent, No. 11-3771, 3rd Cir.).
SEATTLE - A defendant company in a trademark infringement suit was ordered by a federal judge in Washington on Jan. 11 to produce financial information and documents from three people concerning its selection of its trademark and to pay the plaintiff's attorney fees incurred in filing the motion to compel as a result of its failure to timely respond to requests for information (National Products Inc. v. Aqua Box Products LLC, et al., No. C12-605 RM, W.D. Wash.; 2013 U.S. Dist. LEXIS 4822).
WASHINGTON, D.C. - Finding no error in a decision by the Trademark Trial and Appeal Board (TTAB) to sustain opposition by Amazon Technologies Inc. (ATI) to an application for the "Amazon Ventures" trademark, the Federal Circuit U.S. Court of Appeals affirmed Jan. 14 (Jeffrey S. Wax v. Amazon Technologies Inc., No. 12-1491, Fed. Cir.).
WASHINGTON, D.C. - A case that posed the question of whether joint inventor status can be denied when a maker fails to communicate to an experimenter the "exact property" that turned out to be key to the invention will not be heard by the U.S. Supreme Court, which on Jan. 14 denied certiorari (W.L. Gore and Associates Inc. v. Bard Peripheral Vascular Inc., No. 12-458, U.S. Sup.).
CEDAR RAPIDS, Iowa - A defendant's contacts with Iowa are insufficient to satisfy due process and permit the exercise of personal jurisdiction there, an Iowa federal judge ruled Jan. 10 (Fraserside IP LLC v. Youngtek Solutions Ltd., No. 11-3005, N.D. Iowa.).
NEW YORK - A New York judge properly found that a copyright infringement plaintiff failed to state a claim upon which relief could be granted, the Second Circuit U.S. Court of Appeals ruled Jan. 11 (Heptagon Creations Ltd. v. Core Marketing Group LLC, et al., No. 12-317, 2nd Cir.).
PHILADELPHIA - Allegations that Microsoft Corp.'s use of the "Kinect" trademark in conjunction with the Xbox 360 video game system constitutes reverse trademark infringement were properly rejected by a Pennsylvania federal judge, the Third Circuit U.S. Court of Appeals ruled Jan. 10 (Kinbook LLC v. Microsoft Corp., No. 12-1488, 3rd Cir.).
WASHINGTON, D.C. - Although it denied panel rehearing and en banc rehearing of a dispute over cellular telephone technology on Jan. 10, the Federal Circuit U.S. Court of Appeals issued a new panel ruling in which it held that Congress intended to authorize access to the International Trade Commission (ITC) exclusion remedy in cases where parties have a "substantial investment" in the exploitation of a patent (InterDigital Communications LLC v. International Trade Commission and Nokia Inc., No. 10-1093, Fed. Cir.).
WASHINGTON, D.C. - Noting a belated effort by the U.S. Department of Homeland Security (DHS) to comply with scheduling orders requiring the timely production of certain documents pursuant to a Freedom Of Information Act (FOIA) request from a public interest group, a District of Columbia federal judge on Jan. 8 set up new deadlines and production goals, ordering full compliance with the request by April 15 (Electronic Privacy Information Center v. U.S. Department of Homeland Security, No. 1:12-cv-00333, D. D.C.).
OAKLAND, Calif. - A California man saw his putative action against Hewlett-Packard Co. (HP) survive dismissal on Jan. 9, when a California federal judge ruled that his breach of warranty and Consumers Legal Remedies Act (CLRA) claims related to consumers' ability to customize wireless cards in their laptop were adequate (Nad Karim v. Hewlett-Packard Co., No. 4:12-cv-05240, N.D. Calif.).
BOSTON - Citing a Rhode Island federal judge's failure to answer affirmatively questions of likelihood of success and likelihood of confusion which are required for entry of a preliminary injunction, the First Circuit U.S. Court of Appeals on Jan. 9 reversed entry of the relief (Swarovski Aktiengesellschaft et al. v. Building #19 Inc., No. 12-1659, 1st Cir.).
WILMINGTON, Del. - Dell Inc. and other computer makers won dismissal Jan. 8 of allegations that they knew about the existence of several patents prior to an infringement lawsuit filed in November 2011 (IPVenture Inc. v. Lenovo Group Ltd., et al., No. 11-588, D. Del.).
OAKLAND, Calif. - An adult entertainment firm has failed to allege any facts to show that a California man who was dismissed from a previous file-sharing case infringed a copyrighted film, a California federal judge held Jan. 7, denying the plaintiff's motion to amend its complaint to name the man as a defendant in the present case (AF Holdings LLC v. John Doe, et al., No. 4:12-cv-02049, N.D. Calif.; 2013 U.S. Dist. LEXIS 2222).
HARRISBURG, Pa. - A terminated employee failed to show that his employer's policy prohibiting Internet and email use for personal purposes was not clearly established and not uniformly enforced, a Pennsylvania Commonwealth Court panel found Jan. 4, upholding a compensation board's denial of unemployment benefits to the worker (Dominic G. Canale Jr. v. Unemployment Compensation Board of Review, No. 1549 C.D. 2012, Pa. Cmwlth; 2013 Pa. Commw. Unpub. LEXIS 9).
BOSTON - A Massachusetts federal judge did not err in finding substantial similarity lacking between Sony Pictures Television Inc.'s re-creation of a photograph taken by a copyright infringement plaintiff and the original photo itself, the First Circuit U.S. Court of Appeals ruled Jan. 7 (Donald A. Harney v. Sony Pictures Television Inc., No. 11-1760, 1st Cir.).
WASHINGTON, D.C. - The Second Circuit U.S. Court of Appeals properly rejected trademark counterclaims levied against Nike Inc. where a covenant not to sue entered into by the counterclaimant extinguished any justiciable controversy between the two, the U.S. Supreme Court held Jan. 9 (Already LLC d/b/a YUMS v. Nike Inc., No. 11-982, U.S. Sup.).
WILMINGTON, Del. - A dispute over two wireless communications patents should be heard in California and not Delaware, a federal judge there ruled Jan. 7 (Linex Technologies Inc. v. Hewlett-Packard Company et al., No. 11-400, D. Del.).
WASHINGTON, D.C. - Finding no error in a decision by the Board of Patent Appeals and Interferences (BPAI), a divided Federal Circuit U.S. Court of Appeals on Jan. 8 affirmed that a patent is invalid as anticipated and obvious over three prior art references (In re: Avid Identification Systems Inc., No. 12-1092, Fed. Cir.).
SAN DIEGO - A California-based dairy failed to raise adequate grounds for reconsideration of a previous summary judgment against it in a trademark dispute, a California federal judge ruled Jan. 4, finding the plaintiff's reliance on case law pertaining to cybersquatting to be inapplicable (Karoun Dairies Inc. v. Karlacti Inc., No. 3:08-cv-01521, S.D. Calif.; 2013 U.S. Dist. LEXIS 1605).
WASHINGTON, D.C. - A patent assignee on Jan. 7 failed to persuade the U.S. Supreme Court to take up a dispute over a method for converting two-dimensional movies into three-dimensional movies (Three-Dimensional Media Group, Ltd. v. David J. Kappos, No. 12-48, U.S. Sup.).
WASHINGTON, D.C. - A case that posed the question of whether claim construction is subject to de novo review on appeal won't be heard by the U.S. Supreme Court, which on Jan. 7 denied a petition for certiorari (Retractable Technologies Inc., et al. v. Becton, Dickinson and Company, Nos. 11-1154, -1278, U.S. Sup.).
NEW YORK - Citing a "facially inconsistent" finding in a New York judge's damages determination in a trademark infringement and counterfeiting dispute, the Second Circuit U.S. Court of Appeals on Jan. 4 partly vacated and remanded (Fendi Adele S.R.L., et al. v. Ashley Reed Trading Inc., et al., No. 11-3025, 2nd Cir.).
WASHINGTON, D.C. - A California jury's award of $2.2 million in reasonable royalty damages was premised, at least in part, on an erroneous verdict of patent validity and infringement, the Federal Circuit U.S. Court of Appeals ruled Jan. 4 (Accentra Inc. v. Staples Inc., Nos. 12-1237, 1264, Fed. Cir.).