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.).
SAN FRANCISCO - Stating that the U.S. Supreme Court's upcoming decision in Alice Corp. v. CLS Bank International (No. 13-298, cert granted $(U.S. Dec. 6, 2013$)) "will provide important guidance regarding software patentability," a California federal judge on Jan. 13 granted a motion by Facebook Inc. and LinkedIn Corp. to stay parallel patent infringement cases against them related to methods to create "link relationships" between "document objects" on a computer network (Bascom Research LLC v. Facebook Inc., No. 3:12-cv-06293; and Bascom Research LLC v. LinkedIn Corp., No. 3:12-cv-06294, N.D. Calif.; 2014 U.S. Dist. LEXIS 4000).
WASHINGTON, D.C. - A Massachusetts federal judge erroneously failed to construe the disputed language in claims of a patent before finding a defendant in contempt, the Federal Circuit U.S. Court of Appeals ruled Jan. 13 (Proveris Scientific Corporation v. Innovasystems Inc., Nos. 13-1166, -1190, Fed. Cir.; 2014 U.S. App. LEXIS 585).
WASHINGTON, D.C. - A California federal judge properly granted summary judgment of noninfringement on behalf of two patent defendants, the Federal Circuit U.S. Court of Appeals ruled Jan. 10 (Nazomi Communications Inc. v. Nokia Corp., et al., No. 13-1165, Fed. Cir.; 2014 U.S. App. LEXIS 491).
SAN FRANCISCO - A former Korn/Ferry International executive, whom a jury found guilty of computer fraud, misappropriation of trade secrets and conspiracy under the Computer Fraud and Abuse Act (CFAA), was sentenced to a year in prison and a $60,000 fine by a California federal judge on Jan. 8 (United States of America v. David Nosal, No. 3:08-cr-00237, N.D. Calif.).
WASHINGTON, D.C. - The solicitor general was invited by the U.S. Supreme Court on Jan. 13 to weigh in on a dispute over the preclusive effect of Trademark Trial and Appeal Board (TTAB) holdings in trademark infringement litigation (B&B Hardware Inc. v. Hargis Industries Inc. d/b/a Sealtite Building Fasteners, et al., No. 13-352, U.S. Sup.).
WASHINGTON, D.C. - In its Jan. 13 order list, the U.S. Supreme Court denied without comment a petition for certiorari by a man who contended that a search of his laptop computer by Customs and Border Protection (CBP) officials more than 170 miles from the border violated his Fourth Amendment rights (Howard Wesley Cotterman v. United States of America, No. 13-186, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court announced Jan. 10 that it will hear four intellectual property cases in an upcoming term, covering issues ranging from the streaming of copyrighted content over the Internet to the rights of private companies to challenge false labels.
SAN FRANCISCO - A California federal judge properly awarded summary judgment to a defendant accused of infringing a copyrighted water container used for smoking tobacco, the Ninth Circuit U.S. Court of Appeals ruled Jan. 9 (Inhale Inc. v. Starbuzz Tobacco Inc., et al., No. 12-56331, 9th Cir.).
ALEXANDRIA, Va. - A trial court acted in accordance with Virginia law governing the "unmasking" of anonymous Internet speakers, the majority of a Virginia Court of Appeals panel held Jan. 7, affirming the lower court's order compelling Yelp Inc. to comply with a subpoena duces tecum by a business owner seeking to discover the identities of the writers of several online business reviews that are purportedly false and defamatory (Yelp Inc. v. Hadeed Carpet Cleaning Inc., et al., No. 0116-13-4, Va. App.; 2014 Va. App. LEXIS 1).
SAN FRANCISCO - Allegations that a defendant willfully and indirectly infringed a network management patent will proceed, a California federal judge ruled Jan. 7 (Radware Ltd. and Radware Inc. v. A10 Networks Inc., No. 13-2021, N.D. Calif.; 2014 U.S. Dist. LEXIS 1692).
WASHINGTON, D.C. - The Trademark Trial and Appeal Board did not err in ordering the cancellation of a pro se plaintiff's trademarks for "XY Cosmetics" and "XY Skin Care," the Federal Circuit U.S. Court of Appeals held Jan. 8 (Micky A. Gutier v. Hugo Boss Trade Mark Management GmbH & Co. KG, No. 13-1481, Fed. Cir.; 2014 U.S. App. LEXIS 300).
SAN JOSE, Calif. - Online professional network operator LinkedIn Corp. filed suit in California federal court on Jan. 6 against Doe defendants that it claims are responsible for creating "thousands of fake . . . member accounts" that have polluted the network and "undermine$(d$) the integrity and effectiveness" of it (LinkedIn Corp. v. Does 1 through 10, No. 5:14-cv-00068, N.D. Calif.).
MARSHALL, Texas - Efforts by Finisar Corp. to transfer patent infringement allegations pending against it in a Texas federal court to a California federal court were unsuccessful Jan. 6 (Thomas Swan & Co. Ltd. v. Finisar Corp., No. 13-178, E.D. Texas.; 2014 U.S. Dist. LEXIS 773).
RICHMOND, Va. - A Virginia federal judge did not clearly err in denying Swatch AG's request for cancellation of a trademark for "SWAP," the Fourth Circuit U.S. Court of Appeals ruled Jan. 7 (Swatch AG v. Beehive Wholesale LLC, No. 12-2126, 4th Cir.; 2014 U.S. App. LEXIS 255).
RICHMOND, Va. - A North Carolina federal judge did not err in denying a copyright infringement counterclaim defendant judgment as a matter of law (JMOL) following an adverse jury verdict, the Fourth Circuit U.S. Court of Appeals ruled Jan. 6 (Silicon Knights Inc. v. Epic Games Inc., No. 12-1489, 4th Cir.).
NEW YORK - Allegations that two defendants infringed a copyrighted manuscript were properly dismissed on grounds of failure to state a claim upon which relief can be granted, the Second Circuit U.S. Court of Appeals affirmed Jan. 6 (Monique Wager v. Jonathan Littell and Harper Imprint of Harper Collins Publishers Ltd., No. 13-1683, 2nd Cir.).
HARTFORD, Conn. - A Connecticut federal judge on Jan. 3 increased a jury's award of $48.5 million to Enzo Biochem Inc. and Yale University (Enzo, collectively) by $12.4 million, granting the plaintiffs' request for prejudgment interest (Enzo Biochem Inc., et al. v. Applera Corp., et al., No. 04-929, D. Conn.).
WASHINGTON, D.C. - The U.S. Department of Justice (DOJ) was not required to produce an advisory counsel opinion related to its information-gathering techniques from telephone companies in response to a civil liberties organization's request under the Freedom of Information Act (FOIA), a District of Columbia Circuit U.S. Court of Appeals panel ruled Jan. 3, finding that the document was exempt from disclosure under the act's "deliberative process privilege" (Electronic Frontier Foundation v. United States Department of Justice, No. 12-5363, D.C. Cir.; 2014 U.S. App. LEXIS 70).