COLUMBUS, Ohio - Allegations of infringement and false designation of origin levied in connection with the "IntelliJet" trademark were rejected Dec. 19 by an Ohio federal judge, who found that the plaintiff failed to use its mark in commerce (NetJet Inc. v. IntelliJet Group LLC, No. 12-59, S.D. Ohio.).
WASHINGTON, D.C. - A New Jersey federal judge's construction of the terms "alkaline salt" and "pharmaceutically acceptable salt" in two patents relating to the heartburn drug Nexium was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Dec. 19 (AstraZeneca AB et al. v. Hanmi USA Inc., No. 13-1490, Fed. Cir.).
CHATTANOOGA, Tenn. - A Tennessee federal judge on Dec. 17 denied a copyright infringement defendant's request for judgment as a matter of law (JMOL) and instead granted a plaintiff's request for permanent injunctive relief (Virtual Studios Inc. v. Beaulieu Group LLC, No. 11-359, E.D. Tenn.).
ATLANTA - A Georgia federal judge properly rejected on summary judgment copyright infringement allegations levied against Lowe's Home Centers Inc. and one of its suppliers, the 11th Circuit U.S. Court of Appeals ruled Dec. 16 (Progressive Lighting Inc. v. Lowe's Home Centers Inc. et al., No. 12-14958, 11th Cir.).
RICHMOND, Va. - A Maryland federal judge properly found that "fleeting" uses of a "Flying B" logo in three NFL videos do not represent copyright infringement because the displays are "incidental" and qualify as a fair use, the Fourth Circuit U.S. Court of Appeals ruled Dec. 17 (Frederick E. Bouchat v. Baltimore Ravens Limited Partnership, No. 12-2543, 4th Cir.).
WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding no violation of the Tariff Act by the importation of products alleged to have infringed two "machine vision" patents, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Cognex Corporation et al. v. International Trade Commission et al., No. 11-1098, Fed. Cir.).
WASHINGTON, D.C. - Stating that the U.S. government's "bulk telephony and metadata collection and analysis almost certainly does violate a reasonable expectation of privacy," a District of Columbia federal judge on Dec. 16 found that two plaintiffs would likely succeed in their Fourth Amendment challenge to this practice, leading the judge to grant in part their motion for a preliminary injunction (Larry Klayman, et al. v. Barrack Hussein Obama, et al., No. 1:13-cv-00851 and 1:13-cv-00881, D. D.C.).
KANSAS CITY, Kan. - A patent infringement plaintiff on Dec. 16 won the right to amend its complaint against Time Warner Cable Inc. to include a claim for willfulness (Sprint Communications Co. L.P. v. Time Warner Cable Inc., No. 11-2686, D. Kan.).
WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding that Motorola Mobility LLC violated Section 337 of the Tariff Act when it imported and sold mobile devices that infringe Microsoft Corp.'s U.S. patent No. 6,370,566, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Motorola Mobility LLC v. International Trade Commission and Microsoft Corp., No. 12-1535, Fed. Cir.).
RUTLAND, Vt. - Despite subsequent U.S. Supreme Court precedent that deemed warrantless use of a global positioning system (GPS) device on a car to be a violation of the Fourth Amendment, a Second Circuit U.S. Court of Appeals panel on Dec. 13 held that the U.S. Drug Enforcement Agency's placement of such a device prior to that ruling was done in good faith and based on existing binding appellate precedent (United States v. Stephen Aguiar, et al., No. 11-5262-cr, 11-5329-cr and 11-5330-cr, 2nd Cir.; 2013 U.S. App. LEXIS 24803).
WASHINGTON, D.C. - A Georgia federal judge erred in an interpretation of 28 U.S. Code Section 1920(4), the statutory provision governing the taxation of costs, when he ordered a plaintiff to pay $49,824.60 to one defendant and $268,311.12 to another, the Federal Circuit U.S. Court of Appeals ruled Dec. 13 (CBT Flint Partners LLC v. Return Path Inc. et al., No. 13-1036, Fed. Cir.).
ATLANTA - More than 250 Georgia cities and counties failed to prove that online travel companies (OTCs) collected excess taxes and now owe the localities back taxes, the 11th Circuit U.S. Court of Appeals ruled Dec. 13, also upholding a district court's sanctions ruling against the class of localities (City of Rome, et al. v. Hotels.com, L.P., et al., No. 12-14588, 11th Cir.; 2013 U.S. App. LEXIS 24745).
BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the medication out of the market (In re Nexium [Esomeprazole] Antitrust Litigation, No. 12-md-02409, D. Mass.; 2013 U.S. Dist. LEXIS 173353).
NASHVILLE, Tenn. - A popular Russian musician won summary judgment on Dec. 11 on allegations that he infringed a copyrighted song (Taryn Murphy and Chris Landon v. Sergey Lazarev, No. 10-530, M.D. Tenn.).
WASHINGTON, D.C. - A Delaware federal judge erred in finding a series of acne treatment patents not invalid as obvious, a divided panel of the Federal Circuit U.S. Court of Appeals ruled Dec. 11 (Galderma Laboratories LP et al. v. Tolmar Inc., No. 13-1034, Fed. Cir.).
SAN DIEGO - The operator of a so-called "revenge porn" website was charged with 31 counts of identity theft and extortion in California state court with the filing of a felony complaint by the California attorney general on Dec. 10 (The People of the State of California v. Kevin Christopher Bollaert, No. N/A, Calif. Super., San Diego Co.).
WILMINGTON, Del. - A patent infringement defendant's request for dismissal or, in the alternative, stay of the litigation was denied Dec. 6 by a Delaware federal judge (Bayer Intellectual Property GMBH et al. v. Warner Chilcott LLC, No. 12-1032, D. Del.).
WASHINGTON, D.C. - In a Dec. 9 order, the U.S. Supreme Court announced that it will not review a January 2013 ruling by the Federal Circuit U.S. Court of Appeals in a dispute over a patented medical method and device (Arthrex Inc. v. Smith & Nephew Inc., No. 13-290, U.S. Sup.).
ATLANTA - A lack of evidence that a Minnesota-based provider of social media training conducted any business in Georgia led a federal judge in that state to dismiss trademark-related claims against him on Dec. 5 for lack of personal jurisdiction (Paradise Media Ventures LLC v. Eric Mills, No. 1:13-cv-01003, N.D. Ga.; 2013 U.S. Dist. LEXIS 171915).
HARRISBURG, Pa. - A request by Kimberly-Clark Worldwide Inc. (KC) to bar a defense expert from testifying at trial on a "new" theory that several asserted patents are invalid was unsuccessful on Dec. 9 (Kimberly-Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M.D. Pa.).
TRENTON, N.J. - Allegations of frivolous patent prosecution by Ford Motor Co. were rejected Dec. 5 by a New Jersey federal judge (Marlowe Patent Holdings v. Ford Motor Company, No. 11-7044, D. N.J.).
PORTLAND, Maine - Efforts by two trademark infringement defendants to bar a plaintiff from introducing evidence of secondary meaning after the defendant adopted the allegedly infringing trademark were unsuccessful on Dec. 6 (165 Park Row Inc. v. JHR Development LLC et al., No. 12-106, D. Maine).
ROANOKE, Va. - Citing an absence of a competitive injury, a Virginia federal judge on Dec. 6 agreed with a defendant that false marking claims levied under 35 U.S. Code Section 292 fail as a matter of law (Ponani Sukumar et al. v. Nautilus Inc., No. 11-218, W.D. Va.).
SAN FRANCISCO - A California federal judge has struck the affirmative defenses of a tobacco distributor sued for trade mark infringement, saying in a Dec. 5 opinion that the defendant had provided no factual underpinning for the defenses (Starbuzz Tobacco Inc. v. Fuad Naji Saeed, No. 3:13-cv-03837-SI, N.D. Calif.; 2013 U.S. Dist. LEXIS 171857).
TRENTON - An insurer's reformation of two of a condominium association insured's four Standard Flood Insurance Policies (SFIPs) was mandated by federal law, a New Jersey federal judge ruled Dec. 4, dismissing with prejudice the insured's breach of contract claim based on those two policies (The Residences at Bay Point Condominium Association Inc. v. The Standard Fire Insurance Company, et al., No. 13-02380 (FLW)(LHG), D. N.J.; 2013 U.S. Dist. LEXIS 170811).