Mealey's IP/Tech - Federal Judge Refuses To Reconsider Ruling In Suit Prompted By Unsolicited Fax Ads

    WASHINGTON, D.C. - A District of Columbia federal judge on Aug. 18 denied a commercial liability insurer's motion to reconsider its previous ruling that the insurer failed to properly reserve its rights to disclaim coverage of an underlying class action for violation of the Telephone Consumer Protection Act (The Cincinnati Insurance Co. v. All Plumbing Inc., et al., No. 12-851 [CKK], D. D.C.; 2014 U.S. Dist. LEXIS 114054).

    Mealey's IP/Tech - 9th Circuit: Barnes & Noble Site's Terms Of Use Not Binding Without Clear Assent

    PASADENA, Calif. - A website hyperlink containing the Terms of Use (TOU) of Barnes & Noble Inc. (BN) did not sufficiently put a customer on notice of those terms, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18, affirming a trial court's finding that the customer was not, therefore, bound by the TOU's arbitration clause and could proceed with his putative deceptive business practices class action against the retailer (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 12-56628, 9th Cir.; 2014 U.S. App. LEXIS 15868).

    Mealey's IP/Tech - Pennsylvania Federal Judge Rejects False Advertising Claims

    PITTSBURGH - Applying the recently established standard for Lanham Act prudential standing established in Lexmark Int'l Inc. v. Static Control Components Inc. (572 U.S. __ 134 S. Ct. 1377, 1384 $(2014$)), a Pennsylvania federal judge on Aug. 18 granted a defendant summary judgment on allegations that it falsely advertised that a plaintiff remained an employee after he was fired (Gary Lundgren v. Ameristar Credit Solutions Inc., No. 12-263, W.D. Pa.).

    Mealey's IP/Tech - Federal Circuit Affirms Claim Construction In Patent Dispute

    WASHINGTON, D.C. - A Pennsylvania federal judge's construction of several disputed patent claims was not clearly erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 15 (John R. Gammino v. Sprint Communications Company, et al., Nos. 13-1636, 14-1016, Fed. Cir.).

    Mealey's IP/Tech - 6th Circuit: No Coverage For Claims That Insured Misappropriated Trade Secrets

    CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower federal court's ruling that an insurer has no duty to defend or indemnify its insured against underlying claims that it misappropriated trade secrets by improperly accessing a claimant's customer database and obtaining and using confidential customer information for its commercial benefit (Liberty Corporate Capital Limited v. Security Safe Outlet, et al., No. 13-5539, 6th Cir.; 2014 U.S. App. LEXIS 15777).

    Mealey's IP/Tech - Support Firm Exceeded Scope Of Oracle's License Via Many Downloads, Judge Finds

    LAS VEGAS - A software support services firm exceeded the scope of its developer license agreement with Oracle USA Inc. by downloading multiple copies of Oracle's database software when it was only licensed to download a single copy for application purposes, a Nevada federal judge ruled Aug. 13, granting Oracle's motion for partial summary judgment on copyright infringement (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.; 2014 U.S. Dist. LEXIS 112591).

    Mealey's IP/Tech - Federal Circuit Affirms Inequitable Conduct Findings In Patent Case

    WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion in finding that Apotex Inc. and Apotex Corp. (Apotex, collectively) acted inequitably while prosecuting a patent covering the hypertension drug moexipril, the Federal Circuit U.S. Court of Appeals ruled Aug. 15 (Apotex Inc., et al. v. UCB Inc., et al., No. 13-1674, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Reverses Patent Validity Holdings

    WASHINGTON, D.C. - A Virginia federal judge's holding that two patents asserted against several high-profile defendants were not obvious was reversed Aug. 15 by the Federal Circuit U.S. Court of Appeals (I/P Engine Inc. v. AOL Inc. et al., Nos. 13-1307, -1313, Fed. Cir.).

    Mealey's IP/Tech - 7th Circuit: Trademark Claim Based On Batman Film Software Is Implausible

    CHICAGO - Upholding a trial court's dismissal of a software firm's trademark claims based on the use of a similarly named fictitious program within a Batman motion picture, a Seventh Circuit U.S. Court of Appeals panel on Aug. 14 deemed the claims to be implausible and without any evidence of likelihood of confusion (Fortres Grand Corp. v. Warner Bros. Entertainment Inc., No. 13-2337, 7th Cir.; 2014 U.S. App. LEXIS 15609).

    Mealey's IP/Tech - Delaware Federal Judge Partly Grants Summary Judgment In Patent Case

    WILMINGTON, Del. - Two generic drug manufacturers that prevailed at a bench trial but later lost on appeal to the Federal Circuit U.S. Court of Appeals won a summary judgment Aug. 14 that their infringement was not willful (Anesta AG, et al. v. Mylan Pharmaceuticals Inc., et al., No. 08-889, D. Del.).

    Mealey's IP/Tech - Judge Dismisses Claims That Google Unlawfully Discloses User Info To App Sellers

    SAN JOSE, Calif. - Absent any economic injury, a California woman cannot pursue class claims under the state's unfair competition law (UCL) alleging that Google Inc. unlawfully discloses users' personal information to third-party developers of mobile applications when users purchase apps in the Google Play store using Google Wallet, a federal judge held Aug. 12 (Alice Svenson v. Google Inc. and Google Payment Corporation, No. 13-04080, N.D. Calif.; 2014 U.S. Dist. LEXIS 111810).

    Mealey's IP/Tech - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

    CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

    Mealey's IP/Tech - Minnesota Federal Magistrate Judge Strikes Invalidity Contentions

    MINNEAPOLIS - A patent infringement defendant's attempt to assert that the patent in suit is invalid failed Aug. 12, when a Minnesota federal magistrate judge struck the contention as untimely and improperly disclosed (BreatheableBaby LLC v. Crown Crafts Inc., No. 12-94, D. Minn.).

    Mealey's IP/Tech - Copyright Case Dismissed By Illinois Federal Judge

    CHICAGO - An attorney's claim that the Illinois Attorney Registration and Disciplinary Commission (IARDC) committed copyright infringement when using portions of her copyrighted blog as evidence against her in a disciplinary proceeding was rejected by an Illinois federal judge on Aug. 12 (JoAnne M. Denison v. Jerome Larkin, et al., No. 14-1470, N.D. Ill.).

    Mealey's IP/Tech - Plaintiffs In NSA Surveillance Case Ask D.C. Circuit To Affirm Injunctive Relief

    WASHINGTON, D.C. - The plaintiffs in cases seeking relief from the surveillance and data collection activities of the National Security Agency (NSA) ask the District of Columbia Circuit U.S. Court of Appeals in an Aug. 13 appellee brief to uphold a lower court's grant of a preliminary injunction related to their Fourth Amendment appeal (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).

    Mealey's IP/Tech - Judge Permits Discovery Of Email, Phone Record Metadata Of Former Employee

    FLINT, Mich. - An ex-employee's email and phone record metadata "fall within the heartland" of a mission support company's breach of contract and trade secrets complaint against him, a Michigan federal judge ruled Aug. 8, denying the man's motion to quash a subpoena served on his cell phone company and Internet service provider (ISP) (Systems Products and Solutions Inc. v. Joseph Scramlin, No. 4:13-cv-14947, E.D. Mich.; 2014 U.S. Dist. LEXIS 109389).

    Mealey's IP/Tech - Maryland Federal Judge Issues Stay, Relief Despite Invalidity Holding

    BALTIMORE - Two drug makers were awarded a preliminary injunction on Aug. 12, despite a Maryland federal judge's conclusion in February 2014 that a disputed patent is invalid as obvious (Par Pharmaceuticals Inc. and Alkermes Pharma Ireland Limited v. TWi Pharmaceuticals Inc., No. 11-2466, D. Md.).

    Mealey's IP/Tech - Federal Circuit Denies Mandamus, Says Patents Not At Issue

    WASHINGTON, D.C. - A dispute over a patent owner's written correspondence to businesses and nonprofit organizations threatening infringement litigation should be heard in Vermont state court, the Federal Circuit U.S. Court of Appeals ruled Aug. 11 (In re: MPHJ Technology Investments LLC, No. 14-137, Fed. Cir.).

    Mealey's IP/Tech - Some Yahoo Counterclaims Dismissed In Suit Over $1 Billion NCAA Contest

    DALLAS - Although a Texas federal judge found some of Yahoo Inc.'s counterclaims against a former promotional partner to be duplicative and unsupported in an Aug. 11 ruling, the judge declined to dismiss contractual and trade secrets claims related to an online $1 billion college basketball contest, finding them sufficiently pleaded (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

    Mealey's IP/Tech - Google Sanctioned For Minimal Discovery Production In AdWords Class Action

    SAN JOSE, Calif. - Google Inc. did not fully comply with a discovery order by producing only information it believed was relevant to a particular category of data, a California federal magistrate judge ruled Aug. 8, granting in part a motion for sanctions by the lead plaintiff in a putative class action alleging fraud in the Internet giant's AdWords program (Rick Woods, et al. v. Google Inc., No. 5:11-cv-01263, N.D. Calif.).

    Mealey's IP/Tech - 9th Circuit Affirms Permanent Injunction In Trademark Case

    SAN FRANCISCO - A California federal judge did not err in awarding summary judgment and a permanent injunction in favor of a trademark infringement plaintiff, the Ninth Circuit U.S. Court of Appeals ruled Aug. 11, because the plaintiff established ownership of a valid trademark and that a defendant's use was likely to cause confusion (Southern California Darts Association v. Dina M. Zaffina and Southern California Darts Association Inc., No. 13-55780, 9th Cir.).

    Mealey's IP/Tech - 9th Circuit Won't Rehear Dispute Over 'Hendrix' Mark

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 8 amended its January 2014 ruling in a dispute over the "Hendrix" trademark by removing a footnote pertaining to the Washington Personality Rights Act (WPRA) (Experience Hendrix LLC and Authentic Hendrix LLC v. HendrixLicensing.com Ltd. d/b/a Hendrix Artwork and HendrixArtwork.com and Andrew Pitsicalis, Nos. 11-35858, 11-35872, 9th Cir.).

    Mealey's IP/Tech - Judge: Insurer Has No Duty To Defend 2 Class Actions Arising From Redbox Rentals

    SEATTLE - A commercial general liability insurer has no duty to defend or indemnify its insured against two class action lawsuits alleging violations of Michigan's Video Rental Privacy Act (VRPA) and California's Song-Beverly Credit Card Act, a Washington federal judge ruled Aug. 7, granting the insurer's motion for summary judgment in part (National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar Inc., et al., No. C13-1014-JCC, W.D. Wash.; 2014 U.S. Dist. LEXIS 109338).

    Mealey's IP/Tech - Chat Site Operator Denied Subpoena Request For UCL Claims Against Spammers

    SAN FRANCISCO - A company that operates a web platform for chatting online cannot conduct early discovery to identify domain name owners accused of spamming the website in violation of California's unfair competition law (UCL) because the company did not first make a sufficient effort to identify the spammers "through reasonably available mechanisms," a federal magistrate judge ruled Aug. 7 (Skout, Inc. v. Jen Processing, Ltd., et al., No. 14-2341, N.D. Calif.; 2014 U.S. Dist. LEXIS 109332).

    Mealey's IP/Tech - Florida Federal Judge Grants Dismissal Of Copyright Claims

    JACKSONVILLE, Fla. - A copyright dispute over a software system for automotive dealerships was dismissed by a Florida federal judge on Aug. 8 pursuant to Federal Rule of Civil Procedure 12(b)(6) (AppSoft Development Inc. v. Diers Inc., et al., No. 13-1520, M.D. Fla.).