SAN FRANCISCO - An unfair competition complaint based on alleged extortionate practices on Yelp's consumer review website was properly dismissed for failure to state a claim, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 2, noting that the putative class representatives failed to satisfy the "exceedingly narrow" extortion pleading requirements under Californian law (Boris Y. Levitt, et al. v. Yelp Inc., No. 11-17676, 9th Cir.; 2014 U.S. App. LEXIS 17079).
WILMINGTON, Del. - A method of carrying out an employment search online using anonymous communication recites patent-ineligible subject matter, a Delaware federal judge ruled Sept. 3 (Walker Digital LLC v. Google Inc., No. 11-318, D. Del.).
SAN FRANCISCO - The inventor of a digital rights management (DRM) method patent did not plead that either of the technology firms he sued for patent infringement controlled or directed the purportedly infringing process as required by Limelight Networks Inc. v. Akamai Technologies Inc. (134 S.Ct. 2111, 2119 $(2014$)), a California federal judge found Aug. 29, granting the firms' motions to dismiss (William Grecia v. VUDU Inc., et al., No. 3:14-cv-01220, N.D. Calif.; 2014 U.S. Dist. LEXIS 121389).
HARTFORD, Conn. - A Connecticut federal judge on Sept. 3 resolved a dispute over the "Lavatec" trademark between two providers of commercial laundry equipment in favor of plaintiff Lavatec Laundry Technology GmbH (LLT) following a May bench trial (Lavatec Laundry Technology GmbH v. Lavatec Inc., No. 13-56, D. Conn.).
CHICAGO - Allegations that John Wiley & Sons Inc. infringed the copyrights of a stock photography agency will be decided by a jury at a November trial, an Illinois federal judge ruled Sept. 2 (Panoramic Stock Images Ltd. v. John Wiley & Sons Inc., No. 12-10003, N.D. Ill.).
SEATTLE - In addition to finding that an author failed to file his putative antitrust class action against Amazon.com Inc. within the appropriate statute of limitations, a Washington federal judge on Aug. 28 also held that the plaintiff failed to support his claim of unlawful tying related to Amazon's services for print-on-demand (POD) authors, granting the online retailer's motion for summary judgment (Rhawn Joseph v. Amazon.com Inc., et al., No. 2:13-cv-01656, W.D. Wash.; 2014 U.S. Dist. LEXIS 121050).
ATLANTA - A Florida federal judge did not err in dismissing, on three separate occasions, allegations that myriad defendants violated the Anticybersquatting Consumer Protection Act (ACPA) and Lanham Act, the 11th Circuit U.S. Court of Appeals ruled Aug. 28 (Synergy Real Estate of SW Florida Inc. v. Premier Property Management of SW Florida LLC, et al., No. 13-15406, 11th Cir.).
AUSTIN, Texas - Granting an anonymous blogger's petition for mandamus, a Texas Supreme Court majority on Aug. 29 held that a state trial court was not the "proper court," per Texas Rule of Civil Procedure 202, to authorize discovery to learn the blogger's identity for a future libel lawsuit without a showing that the Doe resided within the state (In Re John Doe a/k/a "Trooper", Relator, No. 13-0073, Texas Sup.; 2014 Tex. LEXIS 762).
FRESNO, Calif. - A medical facility's computer fraud cross-claims against a former employee related to her sharing of propriety materials via email were properly struck by a trial court, a California appellate panel ruled Aug. 27, finding that the facility's allegations arose from protected activities under California's strategic lawsuit against public participation (anti-SLAPP) statute (Emanuel Medical Center Inc. v. Susan Dominique, No. F066648, Calif. App., 5th Dist.; 2014 Cal. App. Unpub. LEXIS 6041).
SAN FRANCISCO - A Washington federal judge properly rejected allegations that Amazon.com Inc. is vicariously liable for copyright infringement by participants in the "Amazon Associates" program, the Ninth Circuit U.S. Court of Appeals ruled Aug. 29 (Sandy Routt v. Amazon.com Inc., No. 13-35237, 9th Cir.).
SAN FRANCISCO - A California federal judge properly ordered a retrial on damages following a $1.3 billion jury award for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled Aug. 29 (Oracle Corp. v. SAP AG, et al., No. 12-16944, 9th Cir.).
GREENBELT, Md. - Despite a downloading defendant's claims that an adult entertainment firm used its copyright infringement complaint as a means of extorting settlements, a Maryland federal judge on Aug. 27 granted the plaintiff firm's motion for voluntary dismissal and denied the defendant's summary judgment motion, finding that the defendant's "interests are well-served" by a dismissal with prejudice (Metro Media Entertainment LLC v. Richard Steinruck, No. 8:12-cv-00347, D. Md.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Aug. 28 vacated a Texas federal judge's decision to dismiss a patent case with prejudice, after deeming the dismissal an abuse of discretion (Ki Ventures LLC v. CTA Digital Inc., No. 14-1187, Fed. Cir.).
SAN ANTONIO - A plaintiff on Aug. 27 won dismissal of a declaratory judgment counterclaim that the term "overhead door company" is not entitled to trademark protection but lost in all other respects, thanks to a ruling by a Texas federal judge (David Lee Garcia d/b/a Affordable Overhead Door Company v. Global Development Strategies Inc., No. 13-1158, W.D. Texas).
SAN FRANCISCO - Patent plaintiff Apple Inc. was denied a permanent injunction on Aug. 27 by U.S. Judge Lucy H. Koh of the Northern District of California, who found that the "principles of equity" do not support the requested relief (Apple Inc. v. Samsung Electronics Co. Ltd., No. 12-630, N.D. Calif.).
DETROIT - A Lanham Act defendant was ordered by a Michigan federal judge on Aug. 26 to refrain from any future promotion of its "8-HR ENERGY" product as featuring a "timed release," "sustained release" or any variation thereof (Innovation Ventures LLC v. Bhelliom Enterprises Corporation, No. 09-13783, E.D. Mich.).
PHILADELPHIA - A party bringing a false advertising claim under the Lanham Act and seeking a preliminary injunction is not entitled to a presumption of irreparable harm and must instead demonstrate that such harm is likely, the Third Circuit U.S. Court of Appeals ruled Aug. 26 (Ferring Pharmaceuticals Inc. v. Watson Pharmaceuticals Inc., No. 13-2290, 3rd Cir.).
WASHINGTON, D.C. - Following a "straightforward" application of the recent U.S. Supreme Court ruling in Alice Corp. v. CLS Bank International (134 S. Ct. 2347 ), the Federal Circuit U.S. Court of Appeals on Aug. 26 affirmed findings that two patents for a method of computer-aided bingo management are invalid (Planet Bingo LLC v. VKGS LLC, No. 13-1663, Fed. Cir.).
WILMINGTON, Del. - Following a two-day bench trial in June, a Delaware federal judge on Aug. 25 found that several accused abbreviated new drug applications (ANDAs) for a propofol injectable emulsion product do not infringe four patents covering the anesthetic "Diprivan" (Fresenius Kabi USA LLC v. Dr. Reddy's Laboratories Ltd., et al., No. 13-925, D. Del.).
WASHINGTON, D.C. - A Minnesota federal judge's refusal to designate a patent infringement case exceptional and her corresponding denial of an award of attorney fees was vacated by the Federal Circuit U.S. Court of Appeals on Aug. 26, in light of a recent ruling in the case by the U.S. Supreme Court (ICON Health & Fitness Inc. v. Octane Fitness LLC, Nos. 11-1521, 1636, Fed. Cir.).
WASHINGTON, D.C. - A decision by the director of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board to deny a petition for inter partes review of eight defibrillator patents will stand, the Federal Circuit U.S. Court of Appeals held Aug. 25 (ZOLL Lifecor Corporation v. Koninklijke Philips Electronics N.V., et al., Nos. 2014-1588, -1589, -1590, -1591, -1592, -1593, -1594, -1595, Fed. Cir.).
WASHINGTON, D.C. - The same day it upheld findings that one defendant did not infringe three patents for generic tranexamic acid, the Federal Circuit U.S. Court of Appeals on Aug. 22 found that a different generic drug maker was erroneously held liable for infringing the same three patents (Ferring B.V. v. Watson Laboratories Inc., No. 14-1416, Fed. Cir.).
WASHINGTON, D.C. - A Nevada federal judge did not err in dismissing allegations of patent infringement on grounds that a defendant's amended abbreviated new drug application (ANDA) rendered the dispute moot, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Ferring B.V. v. Apotex Corporation, No. 14-1377, Fed. Cir.).
SAN FRANCISCO - Copyright infringement plaintiff Paula Petrella on Aug. 22 largely prevailed before the Ninth Circuit U.S. Court of Appeals, which vacated a California federal judge's grant of summary judgment on behalf of the producers and distributors of the film "Raging Bull" (Paula Petrella v. Metro-Goldwyn-Mayer Inc., et al., No. 10-55834, 9th Cir.).
PHILADELPHIA - Efforts by a patent infringement defendant to transfer the case from Pennsylvania to West Virginia federal court were unsuccessful Aug. 21 (Ferring B.V. v. Mylan Pharmaceuticals Inc., No. 13-5909, E.D. Pa.).