Mealey's IP/Tech - 9th Circuit Finds Extortion Claims Over Yelp's User Reviews Not Properly Pleaded

    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).

    Mealey's IP/Tech - Delaware Federal Judge Sides With Google, Says Patents Are Invalid

    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.).

    Mealey's IP/Tech - Patentee's Failure To Allege 'Mastermind' Leads To Dismissal Of Infringement Suit

    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).

    Mealey's IP/Tech - Connecticut Federal Judge Says Plaintiff Owns 'Lavatec' Trademark

    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.).

    Mealey's IP/Tech - Copyright Case Against Textbook Maker Will Proceed To Trial

    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.).

    Mealey's IP/Tech - Print-On-Demand Author's Antitrust Suit Against Amazon Dismissed As Untimely

    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).

    Mealey's IP/Tech - 11th Circuit Affirms Dismissal Of Cybersquatting Claims

    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.).

    Mealey's IP/Tech - Divided Texas High Court Finds No Discovery Jurisdiction Over Anonymous Blogger

    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).

    Mealey's IP/Tech - Panel: Computer Fraud Cross-Claims In Wrongful Termination Suit Rightly Struck

    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).

    Mealey's IP/Tech - 9th Circuit Says Amazon Not Vicariously Liable In Copyright Case

    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.).

    Mealey's IP/Tech - 9th Circuit Partly Affirms, Partly Reverses In Oracle Copyright Case

    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.).

    Mealey's IP/Tech - Voluntary Dismissal Of Downloading Case Granted; Summary Judgment Denied

    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.).

    Mealey's IP/Tech - Federal Circuit Says Dismissal Of Patent Case Was Abuse Of Discretion

    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.).

    Mealey's IP/Tech - Texas Federal Judge Largely Denies Dismissal Of Trademark Counterclaims

    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).

    Mealey's IP/Tech - California Federal Judge Denies Injunction In Apple, Samsung Patent Case

    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.).

    Mealey's IP/Tech - Michigan Federal Judge Issues Injunction In False Advertising Case

    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.).

    Mealey's IP/Tech - 3rd Circuit Says No Presumption Of Harm In Lanham Act Cases

    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.).

    Mealey's IP/Tech - Computerized Bingo Game Management Patents Deemed Invalid

    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 [2014]), 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.).

    Mealey's IP/Tech - Delaware Federal Judge Says ANDAs Don't Infringe

    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.).

    Mealey's IP/Tech - On Supreme Court Remand, Denial Of Fees Vacated In Patent Case

    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.).

    Mealey's IP/Tech - Federal Circuit Won't Review Denial Of Re-Examination Request

    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.).

    Mealey's IP/Tech - Federal Circuit Reverses Infringement Holding In Generic Drug Dispute

    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.).

    Mealey's IP/Tech - Federal Circuit Affirms: Amended ANDA Renders Patent Case Moot

    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.).

    Mealey's IP/Tech - 9th Circuit Sides With Plaintiff In 'Raging Bull' Copyright Case

    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.).

    Mealey's IP/Tech - Pennsylvania Federal Judge Won't Transfer Patent Litigation

    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.).