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).
SAN DIEGO - In a pair of Dec. 4 rulings, a California federal judge dismissed all of an Internet-based automotive parts retailer's trademark infringement claims against search engine provider Google Inc. as barred by laches and precluded by the Communications Decency Act (CDA) while permitting a federal infringement claim against rival search engine provider Yahoo! Inc. to proceed (Parts.com LLC v. Google Inc., No. 3:13-cv-01074, and Parts.com LLC v. Yahoo! Inc., No. 3:13-cv-01078, S.D. Calif.).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 9 vacated a judgment by the U.S. District Court for the Eastern District of Texas that denied transfer of a patent dispute to New York federal court (Broadcom Inc. v. U.S. District Court for the Eastern District of Texas, et al., No, 12-1475, U.S. Sup.).
CHICAGO - A mixed verdict in a copyright and trademark infringement case that "reflected a great deal of care and discernment" should stand, an Illinois federal judge ruled Dec. 5 (Games Workshop Ltd. v. Chapterhouse Studios LLC, No. 10-8103, N.D. Ill.).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 6 said it will review a patent case that resulted in a deeply divided decision by the Federal Circuit U.S. Court of Appeals that included six separate opinions and "additional reflections" on what constitutes patent-eligible subject matter in computer-implemented inventions (Alice Corporation Pty. Ltd. v. CLS Bank International and CLS Services Ltd., No. 13-298, U.S. Sup.).
TYLER, Texas - A Texas federal judge on Dec. 3 granted in part a request by two defendants to strike three sets of infringement contentions contained within an amended patent complaint (UltimatePointer LLC v. Nintendo Co. Ltd. et al, No. 11-496, E.D. Texas.).
MIAMI - Luxury goods manufacturer Louis Vuitton Malletier S.A. sufficiently established that a Brooklyn, N.Y., man operated two websites selling counterfeit goods and that he was subject to jurisdiction in Florida, an 11th Circuit U.S. Court of Appeals panel found Dec. 2, denying the man's motion to vacate a default judgment against him for lack of jurisdiction (Louis Vuitton Malletier S.A. v. Joseph Mosseri, No. 12-12501, 11th Cir.; 2013 U.S. App. LEXIS 23932).
WASHINGTON, D.C. - In its Dec. 2 order list, the U.S. Supreme Court denied without comment two major online retailers' petitions for certiorari challenging New York's "Internet tax law," which was found to be constitutional on its face by the New York State Court of Appeals (Overstock.com Inc. v. New York State Department of Taxation and Finance, et al., No. 13-252, and Amazon.com LLC, et al. v. New York State Department of Taxation and Finance, et al., No. 13-259, U.S. Sup.).
SAN FRANCISCO - A California federal judge properly held that the Anticybersquatting Consumer Protection Act (ACPA) does not provide a cause of action for contributory cybersquatting, the Ninth Circuit U.S. Court of Appeals affirmed Dec. 4 (Petronas Nasional Berhad v. GoDaddy.com Inc., No. 12-15584, 9th Cir.).
PHILADELPHIA - A Delaware federal judge did not err in finding that three defendants acted in bad faith when they adopted the www.theaffordablehouse.com domain, the Third Circuit U.S. Court of Appeals ruled Dec. 3 (David John Carnivale v. Staub Design LLC et al., No. 13-1354, 3rd Cir.).
WASHINGTON, D.C. - A California federal judge properly dismissed a declaratory judgment patent action, the Federal Circuit U.S. Court of Appeals ruled Dec. 3 in a dispute over software patents (Huawei Device USA Inc. v. Acacia Research Corp., Access Co. Ltd. and SmartPhone Technologies LLC, No. 13-1090, Fed. Cir.).
OAKLAND, Calif. - For the second time, a California federal judge on Dec. 2 dismissed a putative antitrust class action against Apple Inc., finding that the plaintiff consumers failed to establish standing as direct purchasers to assert antitrust violations related to Apple's sale of iPhone applications (apps) (In re Apple iPhone Antitrust Litigation, No.4:11-cv-06714, N.D. Calif.; 2013 U.S. Dist. LEXIS 169836).
SAN FRANCISCO - Although upholding a federal judge's finding that two defendants failed to meet their burden of proving trademark abandonment, the Ninth Circuit U.S. Court of Appeals on Dec. 2 nonetheless reversed a preliminary injunction barring those defendants from using "The Platters" trademark (Herb Reed Enterprises LLC v. Florida Entertainment Management Inc., No. 12-16868, 9th Cir.).
WASHINGTON, D.C. - The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme Court on Dec. 3 (Lexmark International Inc. v. Static Control Components Inc., No. 12-873, U.S. Sup.).