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.).
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.).
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 - 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.).
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.).
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).
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).
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 ) 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).
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.).
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.).
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).
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.).
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.)
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.).
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.).
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).
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).
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).
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.).
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).
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.).
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.)
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).
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.).
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.).