ORLANDO, Fla. - An expert's opinion that a company's trademark infringement cost the trademark holder more than $4 million in gross sales is admissible, although another analysis by the expert that yielded an $8 million loss is not because the method used to reach the higher amount is not reliable, a Florida federal judge determined May 9 (Superior Consulting Services, Inc. v. Shaklee Corporation, et al., No. 6:16-cv-2001, M.D. Fla., 2018 U.S. Dist. LEXIS 77840).
SAN FRANCISCO - In a May 9 substitute opening brief in the Ninth Circuit U.S. Court of Appeals, a Montana man asserts that a recent ruling by the District of Columbia Circuit U.S. Court of Appeals did not alter controlling authority that supports his putative class complaint alleging that repeated, unwanted text messages from Facebook Inc. were sent using an automatic telephone dialing system (ATDS) and, thus, violated the Telephone Consumer Protection Act (TCPA) (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.).
MIAMI - In a May 10 order, a Florida federal judge agreed with a plaintiff that a defense expert's conclusions regarding whether the U.S. Patent and Trademark Office (PTO) properly issued the "Royal Palm" trademark are "problematic," particularly in light of the expert's status as an attorney (Royal Palm Properties LLC v. Pink Palm Properties LLC, No. 17-80476, S.D. Fla., 2018 U.S. Dist. LEXIS 78685).
SAN FRANCISCO - Although agreeing with adidas America Inc. that Skechers USA Inc. likely infringed and diluted adidas' "Three-Stripe" trademark as applied to athletic shoes, a divided Ninth Circuit U.S. Court of Appeals on May 10 reversed an injunction entered against Skechers, citing adidas' failure to demonstrate irreparable harm (adidas America Inc., et al. v. Skechers USA Inc., No. 16-35204, 9th Cir., 2018 U.S. App. LEXIS 12249).
ATLANTA - Concluding that a debit card firm's loss due to fraud did not result directly from computer fraud, even though computers were used by the fraudsters, an 11th Circuit U.S. Court of Appeals panel on May 10 ruled that there was no coverage for the firm's resulting loss under its computer fraud insurance policy (HI Technology Corp., et al. v. Great American Insurance Co., No. 17-11712, 11th Cir.).
WASHINGTON, D.C. - Although affirming findings by the Patent Trial and Appeal Board that several claims of a method for remote monitoring and control of irrigation equipment with handheld devices would have been obvious to a person of skill in the art, the Federal Circuit U.S. Court of Appeals on May 9 reversed the board's finding that one claim was not unpatentable (Valmont Industries Inc. v. Lindsay Corporation, Nos. 17-1235, -1288, Fed. Cir.).
SAN JOSE, Calif. - Although a California federal judge found that the named plaintiffs in a suit over purported touchscreen defects in two iPhone models had standing to pursue their claims against Apple Inc., the judge on May 8 ruled that they failed to establish predominance under Federal Rule of Civil Procedure 23, leading her to deny their motion for class certification (Thomas Davidson, et al. v. Apple Inc., No. 5:16-cv-04942, N.D. Calif.).
SAN JOSE, Calif. - A federal jury in California on May 10 awarded BladeRoom Group Limited (BRG) $30 million in damages in a trade secret misappropriation lawsuit, finding that defendant Emerson Electric Co. misappropriated BRG's trade secrets for its prefabricated data centers to obtain contracts for the construction of a data center for Facebook Inc. (BladeRoom Group Limited, et al. v. Emerson Electric Co., et al., No. 15-1370, N.D. Calif.).
ALEXANDRIA, Va. - In a final written decision issued May 8, the Patent Trial and Appeal Board found that 19 claims of a method for ablating an organ are unpatentable for failure to satisfy the written description requirement of 35 U.S. Code Section 112(a) (Minerva Surgical Inc. v. Hologic Inc., No. PGR2017-00002, PTAB).
WASHINGTON, D.C. - In a 20-page precedential order issued May 9 the Federal Circuit U.S. Court of Appeals rejected claims by HTC Corp., a Taiwanese entity, that a Delaware federal judge erred in failing to apply the patent venue statute, 28 U.S.C. 1400(b), to its motion to dismiss for improper venue (In re: HTC Corporation, No. 18-130, Fed. Cir.).
WASHINGTON, D.C. - In a May 8 amicus curiae brief presenting the U.S. government's views, U.S. Solicitor General (SG) Noel J. Francisco asks the U.S. Supreme Court to grant certiorari to Apple Inc. in a lawsuit over alleged anti-competitive behavior related to Apple's App Store, arguing that the Ninth Circuit U.S. Court of Appeals incorrectly found the putative class of app purchasers to be direct purchasers in contradiction of controlling case law (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).
LOS ANGELES - In a May 7 in-chambers order, a California federal judge issued a permanent injunction in a copyright case, rejecting a claim by defendants that their request in April 2018 for a license from the American Society of Composers, Authors and Publishers (ASCAP) eliminates any likelihood of irreparable harm going forward (WB Music Corp., et al. v. Royce International Broadcasting Corp., et al., No. 16-600, C.D. Calif., 2018 U.S. Dist. LEXIS 77707).
SEATTLE - A customer-defendant's motion to stay patent infringement allegations based on the "customer suit" doctrine was granted May 8 by a Washington federal judge, who found that adjudicating identical infringement allegations against a manufacturer-defendant will resolve all claims against the customer-defendant (Tile Tech Inc. v. Appian Way Sales Inc., No. 17-1660, W.D. Wash., 2018 U.S. Dist. LEXIS 77568).
WASHINGTON, D.C. - Six final written decisions by the Patent Trial and Appeal Board declaring all claims for which inter partes review (IPR) was instituted unpatentable as anticipated or obvious will stand, in light of a May 7 ruling by the Federal Circuit U.S. Court of Appeals (WesternGeco LLC v. ION Geophysical Corp., Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334, Fed. Cir., 2018 U.S. App. LEXIS 11910).
HOUSTON - Allegations that a defendant violated the Digital Millennium Copyright Act (DMCA) when it removed copyright management information (CMI) from derivative works will proceed, in light of a denial of summary judgment on May 3 by a Texas federal judge, who expressed skepticism about the defendant's claim that the disputed works were created "from scratch" (Preston Wood & Associates LLC v. UL Inc., No. 16-1427, S.D. Texas, 2018 U.S. Dist. LEXIS 74723).
ALEXANDRIA, Va. - Myriad claims of a patent relating to wind turbines with "low voltage ride through" (LVRT) recite "an obvious and simple solution to a well-known problem," according to a May 4 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Vestas-American Wind Technology Inc., et al. v. General Electric Co., No. IPR2018-01029, PTAB).
SAN FRANCISCO - One day after a California federal judge reduced a restitution award against a computer fraud and trade secret defendant by more than $430,000, a Ninth Circuit U.S. Court of Appeals panel on May 4 denied his motion for release from custody while he pursues an appeal of the trial court's denial of his motion for a writ of error coram nobis (United States v. David Nosal, No. 18-10089, 9th Cir.).
BOSTON - A panel of the First Circuit U.S. Court of Appeals on May 4 sided with a songwriter whose copyright infringement claims against Sony Corporation of America were dismissed with prejudice because the dismissal was premised on findings that the case was subject to mandatory arbitration, and not a finding of failure to state a claim (Luis Adrian Cortes-Ramos v. Sony Corporation of America, et al., No. 16-2441, 1st Cir., 2018 U.S. App. LEXIS 11718).
WASHINGTON, D.C. - In a May 4 holding, the Federal Circuit U.S. Court of Appeals affirmed findings by a North Dakota federal judge that a hydraulic fracturing patent is unenforceable due to an inventor's inequitable conduct before the U.S. Patent and Trademark Office (PTO) (Energy Heating LLC, et al. v. Heat-On-The-Fly LLC, et al., Nos. 2016-1559, -1893, -1894, Fed. Cir.).
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on May 2 deemed 12 claims of a knotless suture securing assembly unpatentable, rejecting a patent owner's attempt to establish an earlier priority date based upon a chain of continuation, continuation-in-part and divisional applications (Smith & Nephew Inc., et al. v. Arthrex Inc., No. IPR2017-00275, PTAB).
NEW YORK - A New York federal judge on April 30 enjoined a former Mitsubishi Motors North America Inc. (MMNA) franchisee from continuing to use the company's trademarked signs and materials at an unauthorized location after finding that the franchisee breached the terms of its dealer sales and service agreement (Mitsubishi Motors North America Inc. v. Grand Automotive Inc., No. CV 18-814, E.D. N.Y., 2018 U.S. Dist. LEXIS 72349).
SAN JOSE, Calif. - The opinion of the damages expert for prefabricated data center manufacturer and installer BladeRoom Group Limited (BRG) is based on supported factual assumptions and the "relevant evidence of causation is not undisputed," a federal judge in California overseeing BRG's ongoing trade secret misappropriation lawsuit and trial against certain Facebook Inc. affiliates ruled May 1 in denying the affiliates' motion to strike the expert's lost profits and unjust enrichment opinions (BladeRoom Group Limited, et al. v. Emerson Electric Co., et al., No. 15-1370, N.D. Calif., 2018 U.S. Dist. LEXIS 74630).
SAN FRANCISCO - In a May 2 holding, the Ninth Circuit U.S. Court of Appeals found no error in a California federal judge's dismissal of allegations that an "08" trademark was infringed and subsequent finding that the case qualifies as "exceptional" (Ketab Corp.v. Mesriani & Associates, et al., No. 15-56753, 9th Cir., 2018 U.S. App. LEXIS 11385).
ALEXANDRIA, Va. - A patented method of administering the peptide drug terlipressin as a continuous infusion to ascites patients on an outpatient basis is both anticipated and rendered obvious by prior art, a petitioner told the Patent Trial and Appeal Board April 27 (Mallinckrodt Pharmaceuticals Ireland Limited v. Biovie Inc., No. IPR2018-00974, PTAB).
DAYTON, Ohio - A software company's claims for copyright infringement and trade secret misappropriation against its chief competitor in the quality control software industry have been stated with the required specificity, a federal magistrate judge in Ohio said in April 30 report and recommendation recommending that the competitor's motion to dismiss be denied (Productivity-Quality Systems v. CyberMetrics Corp., No. 17-0369, S.D. Ohio, 2018 U.S. Dist. LEXIS 72045).