SEATTLE - A Washington federal judge on Nov. 10 declined to dismiss copyright, trademark and related claims against a Georgia company accused of selling pirated copies of Microsoft Corp. software, finding that Microsoft sufficiently alleged purposeful availment of Washington jurisdiction and harm experienced within the state (Microsoft Corp. v. Aventis Systems Inc., et al., No. 2:16-cv-01234, W.D. Wash.; 2016 U.S. Dist. LEXIS 156410).
LAS VEGAS - Finding that a copyright defendant did not demonstrate that it was likely to succeed on the merits of its appeal of an infringement verdict or that it would suffer irreparable harm, a Nevada federal judge on Nov. 9 declined to stay a permanent injunction related to software created by Oracle USA Inc. pending appeal (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.; 2016 U.S. Dist. LEXIS 155494).
CHICAGO - An Illinois appeals panel on Nov. 8 affirmed a lower court's ruling in favor of an insurer in its declaratory judgment lawsuit disputing coverage for an underlying trademark infringement dispute (Selective Insurance Company Of The Southeast v. Member's Property, Inc., No. 1-14-3436, Ill. App., 1st Dist., 2nd Div.; 2016 Ill. App. Unpub. LEXIS 2366).
LOUISVILLE, Ky. - In a trademark infringement dispute, an internet marketing expert may not testify on whether a marketing consultant could determine the success of a startup company and whether the registration of a website domain name was "highly unusual and possibly unethical," a Kentucky federal magistrate judge ruled Nov. 4 (Louisville Marketing Inc. d/b/a Jewelry In Candles v. Jewelry Candles LLC v. P. Micah Buse, No. 15-00084, W.D. Ky.; 2016 U.S. Dist. LEXIS 153329).
ALEXANDRIA, Va. - A frequently litigated data transmission patent will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Nov. 3 (Apple Inc., et al. v. Evolved Wireless LLC, No. IPR2016-00981, PTAB).
SAN JOSE, Calif. - Three users of Facebook Inc. filed a putative class action against the social networking giant in California federal court Nov. 3, alleging that its online advertising platform violates the Fair Housing Act (FHA) and Title VII of the Civil Rights Act of 1964 by permitting advertisers to prevent members of certain demographics from seeing ads related to housing or employment opportunities (Suzanne-Juliette Mobley, et al. v. Facebook Inc., et al., No. 5:16-cv-06440, N.D. Calif.).
SAN FRANCISCO - A California federal judge did not err in deciding various pretrial motions in favor of a defendant in a dispute over a red sailing ship trademark used in connection with Asian food products, the Ninth Circuit U.S. Court of Appeals ruled Nov. 4 (Anhing Corporation v. Viet Phu Inc., et al., No. 14-56664, 9th Cir.; 2016 U.S. App. LEXIS 19967).
CINCINNATI - A Michigan federal judge erred in dismissing allegations of infringement levied in connection with use of the "Bar's Leaks" trademark, a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Nov. 2 (Bars Products Inc. v. Bar's Products International, No.14-1611, 6th Cir.; 2016 U.S. App. LEXIS 19991).
WASHINGTON, D.C. - Four patents relating to a data mediation software program recite a series of limitations that, "when considered individually and as an ordered combination," provide an inventive concept "sufficient to confer eligibility" under 35 U.S. Code Section 101, a divided Federal Circuit U.S. Court of Appeals ruled Nov. 1 (Amdocs [Israel] Limited v. Openet Telecom Inc., et al., No. 15-1180, Fed. Cir.; 2016 U.S. App. LEXIS 19593).
DENVER - A Colorado federal judge's determination that a defendant was not entitled to immunity under Section 230 of the Communications Decency Act (CDA) for allegations the defendant violated the Lanham Act will not be reviewed, in light of findings Nov. 1 by the 10th Circuit U.S. Court of Appeals that appellate jurisdiction is lacking (General Steel Domestic Sales LLC v. Ethan Daniel Chumley, et al., No. 15-1293, 10th Cir.; 2016 U.S. App. LEXIS 19629).
ST. LOUIS - A Missouri federal judge's decision to permanently enjoin four defendants from licensing images or phrases from the iconic films Gone with the Wind and The Wizard of Oz as well as images from the animated Tom and Jerry short films was affirmed Nov. 1 by the Eighth Circuit U.S. Court of Appeals (Warner Bros. Entertainment Inc. v. X One X Productions, et al., No. 15-3728, 8th Cir.; 2016 U.S. App. LEXIS 19671).
WASHINGTON, D.C. - A finding by the Federal Circuit U.S. Court of Appeals that the presumption of laches is applicable in a patent infringement action filed more than six years after a patentee discovered allegedly infringing products was proper, the U.S. Supreme Court was told Nov. 1 (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).
SAN JOSE, Calif. - In an Oct. 27 ruling, a California federal judge permitted computer fraud, invasion of privacy and consumer-related claims against Lenovo (United States) Inc. related to the installation of laptop spyware to proceed, while dismissing wiretap and negligence claims. The judge also granted certification of nationwide and statewide indirect purchaser classes, but denied certification for a direct purchaser class (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.; 2016 U.S. Dist. LEXIS 149958).
DETROIT - Allegations that a former licensee infringed a patented method and apparatus for micro-treating steel by continuing to use the technology after its license expired were rejected by a Michigan federal judge on Oct. 31 (SFP Works LLC v. Buffalo Armory LLC, No. 14-13575, E.D. Mich.; 2016 U.S. Dist. LEXIS 150112).
WASHINGTON, D.C. - Although a respondent's two-dimensional cheerleader uniform designs are themselves copyrightable, those copyrights do not extend to prevent others from making the useful article depicted in the two-dimensional designs, an attorney for cheerleading uniform manufacturer Star Athletica LLC told the U.S. Supreme Court on Oct. 31 (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).
WASHINGTON, D.C. - An Ohio federal judge's conclusion that two patents directed to dissipating heat from light emitting diode lamps are invalid was partly affirmed and partly reversed Oct. 27 by the Federal Circuit U.S. Court of Appeals (GE Lighting Solutions v. Lights of America Inc., et al., Nos. 2015-1979, -1980, -1981, -1982, -2044, Fed. Cir.; 2016 U.S. App. LEXIS 19362).
WASHINGTON, D.C. - In its Oct. 28 order list, the U.S. Supreme Court granted certiorari to a registered sex offender who asserts that a North Carolina sex offender registry law's prohibition on access to social networking websites constitutes a violation of the First Amendment to the U.S. Constitution (Lester Gerard Packingham v. State of North Carolina, No. 15-1194, U.S. Sup.).
WASHINGTON, D.C. - In its Oct. 31 orders list, the U.S. Supreme Court invited the views of the solicitor general in a dispute over a YouTube user's claim that three music publishers should be subject to takedown notice liability under Section 512(f) of the Digital Millennium Copyright Act (DMCA) because they demanded removal of a video from the website without a good faith belief that the video was not a fair use (Stephanie Lenz v. Universal Music Corp., et al., Nos. 16-217 & 16-218, U.S. Sup.).
OAKLAND, Calif. - Finding that a trademark infringement plaintiff failed to establish any likelihood of confusion or irreparable harm due to the use of a disputed tagline by Yelp Inc., a California federal judge on Oct. 25 denied the plaintiff's motion for a preliminary injunction against the business reviews website operator (TPW Management LLC v. Yelp Inc., No. 4:16-cv-03063, N.D. Calif.; 2016 U.S. Dist. LEXIS 147884).
NEW YORK - A New York federal judge on Oct. 27 agreed with a plaintiff that counterclaims of antitrust violations and commercial disparagement by a trademark infringement defendant are ripe for dismissal (Dentsply International Inc. v. Dental Brands for Less d/b/a Dental Wholesale Direct, No. 15-8775, S.D. N.Y.; 2016 U.S. Dist. LEXIS 149139).
WASHINGTON, D.C. - An Illinois federal judge properly construed various disputed terms of a patented method for creating custom footwear inserts for athletes, the Federal Circuit U.S. Court of Appeals concluded Oct. 26 (ProFoot Inc. v. Merck & Co. Inc., No. 16-1216, Fed. Cir.; 2016 U.S. App. LEXIS 19294).
SAN FRANCISCO - A jury's award of $30.4 million in favor of a copyright infringement plaintiff will stand in light of an Oct. 24 ruling by a California federal judge that turned away a defendant's assertion of equitable estoppel (Synopsys Inc. v. ATopTech Inc., No. 13-2965, N.D. Calif.; 2016 U.S. Dist. LEXIS 147088).
MARSHALL, Texas - Under the operative standard for awarding attorney fees in a patent case, a Texas federal magistrate judge on Oct. 24 found that allegations that Cabela's Inc. infringed a patented system and method for processing transactions do not qualify as "exceptional" (E2E Processing Inc. v. Cabela's Inc., No. 14-36, E.D. Texas; 2016 U.S. Dist. LEXIS 147139).
WILMINGTON, Del. - An application by Mylan Pharmaceuticals Inc. to market a generic version of the brand-name drug Colcrys would infringe 17 patents, according to a lawsuit filed Oct. 24 in the U.S. District Court for the District of Delaware (Takeda Pharmaceuticals U.S.A. Inc. v. Mylan Pharmaceuticals Inc., No. 16-987, D. Del.).
NEW YORK - A New York federal judge applied "too narrow" a definition of "repeat infringer" in finding that the former music downloading site MP3Tunes LLC qualified for safe harbor immunity under the Digital Millennium Copyright Act (DMCA), the Second Circuit U.S. Court of Appeals ruled Oct. 25 (Capitol Records LLC, et al. v. MP3Tunes LLC, et al., Nos. 14-4369, -4509, 2nd Cir.; 2016 U.S. App. LEXIS 19236).