LexisNexis® Legal Newsroom
    Mealey's IP/Tech - 2nd Circuit Affirms: Use Of Sound Recording Was Fair

    NEW YORK - Bloomberg L.P.'s unauthorized use of a sound recording of a foreign public company's earnings call was fair pursuant to 17 U.S. Code Section 107, the Second Circuit U.S. Court of Appeals affirmed Jan. 27 (The Swatch Group Management Services Ltd. v. Bloomberg L.P., Nos. 12-2412, 12-2645, 2nd Cir.).

    Mealey's IP/Tech - Federal Circuit Says Program Patents Aren't Entitled To Protection

    WASHINGTON, D.C. - A District of Columbia judge properly found on summary judgment that two patents are not patent eligible under Section 101 of the Patent Act, the Federal Circuit U.S. Court of Appeals ruled Jan. 24 (SmartGene Inc. v. Advanced Biological Laboratories S.A., No. 13-1186, Fed. Cir.).

    Mealey's IP/Tech - 6th Circuit Affirms Rejection Of Trade Secret, Copyright Claims

    CINCINNATI - A Michigan judge did not err in granting a defendant summary judgment on claims of copyright infringement and misappropriation of trade secrets, the Sixth Circuit U.S. Court of Appeals ruled Jan. 24 in a dispute involving software and a "customer defection" (Dice Corporation v. Bold Technologies, Nos. 12-2513, 13-1712, 6th Cir.).

    New York Federal Judge Won't Reconsider Trade Dress Ruling

    NEW YORK - A December order granting summary judgment to a defendant accused of trade dress infringement will not be reconsidered, a New York federal judge ruled Jan. 23 (Luv 'N Care Ltd., et al. v. Regent Baby Products Corp., No. 10-9492, S.D. N.Y.).

    Illinois Federal Judge: Copyright Dispute Over Glass Etchings Can Proceed

    CHICAGO - Efforts by a copyright infringement defendant to obtain judgment on the pleadings were unsuccessful Jan. 22, when an Illinois federal judge instead ruled that the plaintiff's claims are adequately pleaded (Skyline Design Inc. v. McGrory Glass Inc., No. 12-10198, N.D. Ill.).

    11th Circuit: Standing Not Lacking In Copyright Case

    ATLANTA - A Florida federal judge erroneously concluded that the estate of an original member of the 1970s pop musical group K.C. and the Sunshine Band lacked statutory standing to sue for infringement of the musical work "Spank," the 11th Circuit U.S. Court of Appeals ruled Jan. 22 (Ronald Smith Jr. v. Henry Casey, et al., No. 13-12351, 11th Cir.; 2014 U.S. App. LEXIS 1139).

    Judge Stays Coverage Dispute Over Reese Witherspoon's Intellectual Property Suit

    LOS ANGELES - A California federal judge on Jan. 22 stayed an insurer's declaratory judgment lawsuit disputing coverage for underlying claims that the insured used actress Reese Witherspoon's name and image without her permission for the sale of jewelry products (Maryland Casualty Co. v. Reese Witherspoon, et al., No. 13-07847, C.D. Calif.; 2014 U.S. Dist. LEXIS 7957).

    9th Circuit Finds Blogger Subject To Negligence And Actual Malice Standards

    PORTLAND, Ore. - Reversing a trial court's defamation judgment against a blogger, a Ninth Circuit U.S. Court of Appeals panel on Jan. 17 held that the negligence requirement for defamation lawsuits established by Gertz v. Robert Welch Inc. (418 U.S. 323, 350 [1974]) is "not limited to cases with institutional media defendants," but can also apply to Internet bloggers (Obsidian Finance Group LLC, et al. v. Crystal Cox, No. 12-35238 and 12-35319, 9th Cir.; 2014 U.S. App. LEXIS 948).

    Federal Magistrate Partly Grants Leave To Amend In Patent Case Against Google

    SAN FRANCISCO - PersonalWeb Technologies LLC will be permitted an opportunity to amend its patent infringement allegations against Google Inc. and YouTube LLC (Google, collectively), a California federal magistrate judge decided Jan. 17 (PersonalWeb Technologies LLC v. Google Inc. and YouTube LLC, No. 13-1317, N.D. Calif.).

    Federal Judge Won't Enjoin Defendant In Copyright Case

    INDIANAPOLIS - Allegations that a copyright infringement defendant's redesigned product continues to infringe were not well received on Jan. 21 by an Indiana federal judge, who denied a plaintiff's request for preliminary injunctive relief (Silver Streak Industries LLC v. Squire Boone Caverns Inc., No. 13-173, S.D. Ind.).

    'Elf-Man' File-Sharing Case Dismissed For Failure To Provide Factual Allegations

    SEATTLE - The copyright holder of a movie offered only conclusory allegations in bringing copyright infringement claims against four people alleged to have downloaded the film, a Washington federal judge ruled Jan. 17, granting the defendants' motion to dismiss (Elf-Man LLC v. Eric Cariveau, et al., No. 2:13-cv-00507, W.D. Wash.; 2014 U.S. Dist. LEXIS 6453).

    Supreme Court Reverses Federal Circuit In Patent Licensee Case

    WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals holding that a patent licensee bears the burden of proving noninfringement under the Declaratory Judgment Act was reversed by a unanimous Supreme Court on Jan. 22 (Medtronic Inc. v. Mirowski Family Ventures LLC et al., No. 12-1128, U.S. Sup.).

    Discovery Of Doe Website Operators Permitted In Rapper's Virtual Currency Case

    NEW YORK - Musician Kanye West can serve immediate discovery requests to learn the identities of the operators of websites offering virtual currency that he says infringe federal trademarks in his name, a New York federal judge ruled Jan. 17, granting the rapper's ex parte application to take immediate discovery (Kanye West, et al. v. 0daycoins.com, et al., No. 1:14-c-00250, S.D. N.Y.)

    Supreme Court Holds Arguments In Laches, Copyright Case

    WASHINGTON, D.C. - The defense of laches cannot serve as a bar to allegations of copyright infringement, an attorney for the holder of renewal rights in the screenplay "The Raging Bull" told the U.S. Supreme Court on Jan. 21 (Paula Petrella v. Metro-Goldwyn-Mayer Inc., No. 12-1315, U.S. Sup.).

    Tennessee Magistrate Won't Block Expert Witnesses In Trademark Case

    NASHVILLE, Tenn. - Competing challenges pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 $(1993$)) to two proposed expert witnesses in a dispute over the "Invisible Fence" trademark were rejected Jan. 17 by a Tennessee federal magistrate judge (Invisible Fence Inc. v. Fido's Fence Inc., No. 09-25, E.D. Tenn.).

    Judge Refuses To Disqualify Monitor Or Grant Stay In E-Books Case; Apple Appeals

    NEW YORK - A federal judge in New York on Jan. 16 rejected Apple Inc.'s argument that the external compliance monitor the judge appointed after ruling that Apple conspired with publishers to fix prices of electronic books should be disqualified and denied Apple's motion requesting a stay of the appointment based on the monitor's disqualification (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.; 2014 U.S. Dist. LEXIS 5795).

    No Coverage Over 'Smart Candle' Name, Judge Rules In Advertising Injury Suit

    DULUTH, Minn. - An insured has failed to establish a claim for slogan infringement in an underlying dispute over the use of the name "Smart Candle," a Minnesota federal judge ruled Jan. 14, granting the insurer's motion for summary judgment (Selective Insurance Company of America v. Smart Candle LLC, No. 13-878(DSD/JSM), D. Minn.; 2014 U.S. Dist. LEXIS 4544).

    Oregon Federal Judge Denies Injunction In Trademark, Trade Dress Case

    PORTLAND, Ore. - A dispute between two former associates and their respective companies over fishing flies will proceed without an injunction in place, thanks to a Jan. 16 ruling by an Oregon federal judge (Idylwilde Inc., et al. v. Umpqua Feather Merchants LLC, et al., No. 13-2009, D. Ore.; 2014 U.S. Dist. LEXIS 5681).

    Motion To Amend Trademark Complaint Granted By California Federal Judge

    SAN DIEGO - A trademark infringement plaintiff won the right to add a new defendant to the action in a Jan. 14 ruling by a California federal judge (Red.com Inc. v. WGI Holdings Inc., et al., No. 13-1490, S.D. Calif.).

    D.C. Circuit Vacates 2 Requirements Of FCC's Net Neutrality Order

    WASHINGTON, D.C. - Although it held that the Federal Communications Commission (FCC) has "authority to enact measures encouraging the deployment of broadband infrastructure," a District of Columbia Circuit U.S. Court of Appeals panel majority on Jan. 14 found that two of the rules imposed by a 2010 FCC "Internet openness" order "contravene express statutory mandates," vacating them and remanding to the commission for further proceedings (Verizon v. Federal Communications Commission, et al., No. 11-1355 and 11-1356, D.C. Cir.; 2014 U.S. App. LEXIS 680).

    Florida Judge Grants Injunction In Trademark Dispute

    FORT LAUDERDALE, Fla. - A Florida federal judge on Jan. 14 ordered several defendant websites accused of infringement to refrain from using the "Under Armour" trademark (Under Armour Inc. v. 51nfljersey.com et al., No. 13-62809, S.D. Fla.).

    Kanye West Sues To Halt Operation Of 'Coinye West' Virtual Currency

    NEW YORK - In a complaint filed Jan. 14 in New York federal court, rapper and musician Kanye West sued various websites and Doe defendants associated with newly released "cryptocurrency" that he says use names that are confusingly similar to his in an effort to trade on the "goodwill of incalculable value" associated with his name (Kanye West, et al. v. 0daycoins.com, et al., No. 1:14-c-00250, S.D. N.Y.)

    Pennsylvania Federal Judge Rejects Laches Defense In $1.1 Billion Patent Case

    PITTSBURGH - Efforts by Marvell Technologies Inc. to undo a $1.1 billion jury verdict on patent infringement claims by Carnegie Mellon University (CMU) were unsuccessful on Jan. 14, when a Pennsylvania federal judge rejected Marvell's laches defense (Carnegie Mellon University v. Marvell Technologies Inc., No. 09-290, W.D. Pa.; 2014 U.S. Dist. LEXIS 4624).

    Federal Circuit Affirms: Dismissal Of Patent Claims Was Proper

    WASHINGTON, D.C. - A District of Columbia federal judge did not err in dismissing a pro se plaintiff's patent infringement complaint for failure to state a claim or in barring that same plaintiff from filing future patent infringement actions against Johnson & Johnson without first obtaining leave of the district court, the Federal Circuit U.S. Court of Appeals ruled Jan. 14 (Allegra Hemphill v. Johnson & Johnson, No. 13-1503, Fed. Cir.).

    Federal Judge Issues Findings Of Fact In OxyContin Patent Case

    NEW YORK - A consolidated trial over several patents associated with the pain relieving drug OxyContin resulted in a 102-page ruling by a New York federal judge on Jan. 14, who absolved a generic drug maker accused of infringement (Purdue Pharma LP v. Teva Pharmaceuticals Inc., Nos. 11-2037 and 12-5083, S.D. N.Y.).