SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).
TRENTON, N.J. - Reconsideration of a February ruling by a since-retired New Jersey federal judge that a patent is not invalid for lack of written description or lack of enablement is not warranted, another New Jersey federal judge ruled Nov. 23 (ICI Uniqema Inc. v. Kobo Products Inc., No. 06-2943, D. N.J.; 2015 U.S. Dist. LEXIS 157705).
PHILADELPHIA - A patent infringement plaintiff was awarded more than $680,000 in lost profits on Nov. 23 by a Pennsylvania federal judge, based upon findings that a defendant violated the terms of a consent order already issued in the dispute (CardioNet LLC v. MedNet Healthcare Technologies Inc., et al., No. 12-2517, E.D. Pa.; 2015 U.S. Dist. LEXIS 158067).
SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Nov. 19 rejected findings by a California federal judge that a trademark infringement plaintiff is likely to succeed on the merits of its claim in a dispute over various unregistered and registered marks associated with the Miwok Indians (Shingle Springs Band of Miwok Indians v. Cesar Caballero, No. 13-15411, 9th Cir.; 2015 U.S. App. LEXIS 20094).
WASHINGTON, D.C. - The Patent Trial and Appeal Board erred in deeming various claims of a patent application barred as untimely, the Federal Circuit U.S. Court of Appeals ruled Nov. 20 (In re: Commonwealth Scientific & Industrial Research Organization, No. 14-1710, Fed. Cir.).
ATLANTA - An insurer on Nov. 17 moved in Georgia federal court to bifurcate a global bitcoin processor's bad faith claim against it from a breach of contract claim, asserting that "under Georgia law, a bad faith claim . . . cannot proceed unless coverage under an insurance policy is found" (Bitpay Inc. v. Massachusetts Bay Insurance Co., No. 1:15-cv-03238, N.D. Ga.).
SAN DIEGO - CoreLogic Inc. is unable to argue that its removal of copyright management information (CMI) from various photographs was a fair use, a California federal judge ruled Nov. 17; the defendant was given leave to amend its affirmative defenses, however (Robert Stevens, et al. v. CoreLogic Inc., No. 14-1158, S.D. Calif.; 2015 U.S. Dist. LEXIS 156161).
DALLAS - Although a Texas federal judge on Nov. 18 found that Yahoo! Inc. was entitled to summary judgment and a partial refund of a promotional fee paid over an abandoned online NCAA tournament, the judge ruled in the plaintiff promotions firm's favor on Yahoo's contractual and trade secrets counterclaims (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).
WASHINGTON, D.C. - A decision by a Texas federal judge to invalidate a reissue patent asserted against Google Inc. was reversed and remanded Nov. 17 by the Federal Circuit U.S. Court of Appeals (Alfonso Cioffi et al. v. Google Inc., No. 15-1194, Fed. Cir.; 2015 U.S. App. LEXIS 19929).
TRENTON, N.J. - A New Jersey federal judge on Nov. 17 dismissed a dispute between two former business partners over various intellectual property (Bossen Architectural Millwork Inc. et al. v. Kobolak & Sons Inc. et al., No. 14-4294, D. N.J.; 2015 U.S. Dist. LEXIS 155552).
WASHINGTON, D.C. - Several months after considering, en banc, myriad questions presented in a dispute over an online hosting system patent, the Federal Circuit U.S. Court of Appeals on Nov. 16 found no alternate basis to overturn a jury verdict of infringement and a corresponding damages award (Akamai Technologies Inc., et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 19848).
WASHINGTON, D.C. - A request for review of a previous ruling that undid a $1.54 billion award for patent infringement will be partly held in abeyance, as the Federal Circuit U.S. Court of Appeals awaits the outcome of two cases recently granted certiorari by the U.S. Supreme Court, the Federal Circuit ruled Nov. 17 (Carnegie Mellon University v. Marvell Technology Group Ltd. et al., No. 14-1492, Fed. Cir.).
DETROIT - A Michigan federal judge on Nov. 12 granted an insurer's motion to remand a dispute over commercial general liability and errors and omissions insurance coverage for an underlying counterclaim stemming from an insured's intellectual property investigation (Conifer Insurance Co. v. Continental Inc., et al., No. 15-11650, E.D. Mich., Southern Div.; 2015 U.S. Dist. LEXIS 153488).
ALEXANDRIA, Va. - A Virginia federal judge on Nov. 13 agreed that three copyright infringement defendants are entitled to more than $1.8 million in attorney fees (Humphrey & Partners Architects LP v. Lessard Design Inc., et al., No. 13-433, E.D. Va.).
WASHINGTON, D.C. - A March ruling by the Federal Circuit U.S. Court of Appeals that a patent is not invalid as indefinite will stand, thanks to a denial of certiorari on Nov. 16 by the U.S. Supreme Court (Chunghwa Picture Tubes Ltd., et al. v. Eidos Display, LLC and Eidos III, LLC, et al., No. 15-288, U.S. Sup.).
WASHINGTON, D.C. - Relying heavily on the post-trial factual findings of a Delaware federal judge, the Federal Circuit U.S. Court of Appeals on Nov. 12 upheld findings that four asserted pharmaceutical patents are invalid as anticipated or obvious, while a fifth patent was not invalid and infringed (Cubist Pharmaceuticals Inc. v. Hospira Inc., Nos. 15-1197, -1204, -1259, Fed. Cir.).
WASHINGTON, D.C. - A decision by the International Trade Commission to impose a civil penalty of $6.2 million against two patent defendants was affirmed Nov. 12 by the Federal Circuit U.S. Court of Appeals (DeLorme Publishing Company et al. v. International Trade Commission, No. 14-1572, Fed. Cir.).
WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board of patent invalidity will stand following a rejection Nov. 12 by the Federal Circuit U.S. Court of Appeals, of an appeal of the Board's decision to institute inter partes review (IPR) (Click-to-Call Technologies LP v. Oracle Corp. et al., No. 15-1242, Fed. Cir.; 2015 U.S. App. LEXIS 19673).
WASHINGTON, D.C. - A defendant's "Acculoader" container packing device was properly determined to be noninfringing of a packing system patent, the Federal Circuit U.S. Court of Appeals concluded Nov. 12 (Advanced Steel Recovery LLC v. Jewell Attachments LLC et al., No. 14-1829, Fed. Cir.).
SAN JOSE, Calif. - After previously dismissing claims asserted by former owners of a Russian gaming studio for violation of California's unfair competition law (UCL) and finding that the former owners had no ownership over a mobile game application, a California federal judge on Nov. 10 dismissed all of their claims for copyright infringement asserted against the distributor of the game and others (Evengy Epikhin, et al. v. Game Insight North America, et al., No. 14-CV-04383, N.D. Calif.; 2015 U.S. Dist. LEXIS 152837).
LOS ANGELES - Less than two weeks after filing suit, a California man saw his copyright infringement allegations against pop superstar Taylor Swift and her record label dismissed Nov. 10 by a California federal judge (Jesse Braham v. Sony/ATV Music Publishing et al., No. 15-8422, C.D. Calif.).
WASHINGTON, D.C. - Although a Massachusetts federal judge properly found that five defendants do not infringe a patent covering a process for ensuring quality control of the anticoagulant drug enoxaparin under 35 U.S. Code Section 271(g), he erred with regard to findings that four of the defendants were also entitled to safe harbor under Section 271(e)(1), the Federal Circuit U.S. Court of Appeals ruled Nov. 10 (Momenta Pharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA Inc., et al., Nos. 14-1274, -1277, Fed. Cir.; 2015 U.S. App. LEXIS 19554).
PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).
MARSHALL, Texas -
BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 ) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).