WASHINGTON, D.C. - A Virginia federal judge did not err in holding that two patents relating to online activities claim ineligible subject matter under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals ruled July 6 (Intellectual Ventures I LLC, et al. v. Capital One Bank USA NA, et al., No. 14-1506, Fed. Cir.).
SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on July 6 ruled that the manner in which Amazon.com Inc.'s website responds to a shopper's search request could create a likelihood of confusion (Multi Time Machine Inc. v. Amazon.com Inc. and Amazon Services LLC, No. 13-55575, 9th Cir.; 2015 U.S. App. LEXIS 11554).
WASHINGTON, D.C. - A North Carolina federal judge did not err in finding jurisdiction lacking in a dispute over an electrical patent, the Federal Circuit U.S. Court of Appeals ruled July 6 (Celgard LLC v. SK Innovation Co. Ltd., No. 141807 Fed. Cir.; 2015 U.S. App. LEXIS 11536).
BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 220.127.116.11, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).
ST. LOUIS, Mo. - Allegations of copyright and trademark infringement will proceed in Missouri federal court, thanks to a July 2 ruling by a federal judge there (LC Franchisor LLC et al. v. Valley Beef LLC, No. 15-383, E.D. Mo.).
BALTIMORE - A Maryland federal judge on July 2 dismissed a generic drug manufacturer's pay-for-delay lawsuit against Alaska's attorney general regarding settlements for Loestrin FE 24 and Effexor XR (Lupin Pharmaceuticals Inc., et al. v. Craig Richards, No. 15-1281, D. Md.).
WASHINGTON, D.C. - A Delaware federal judge "clearly erred" in finding that batches of the anti-coagulant drug bivalirudin prepared by a laboratory were not sold to a patent infringement plaintiff before the critical date specified in the relevant patent applications, as well as that the batches were prepared for an experimental purpose, according to a July 2 ruling by the Federal Circuit U.S. Court of Appeals (The Medicines Company v. Hospira Inc., Nos. 14-1469, -1504, Fed. Cir.).
SAN DIEGO - A California federal judge on June 30 granted an app development firm's motion to voluntarily dismiss its trademark lawsuit against Google Inc. with prejudice, while granting Google's motion to award it costs associated with the length of the infringement proceedings (Hanginout Inc. v. Google Inc., No. 3:13-cv-02811, S.D. Calif.).
LOS ANGELES - In the wake of an en banc Ninth Circuit U.S. Court of Appeals ruling that had reversed an order to take an anti-Muslim film down from youtube.com, a California federal judge on June 29 issued an order dismissing the copyright lawsuit against Google Inc. and YouTube Inc., in accordance with a stipulation for dismissal filed by all parties in the suit (Cindy Lee Garcia v. Google Inc., et al., No. 2:12-cv-08315, C.D. Calif.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel majority on June 30 found that Apple Inc. "orchestrated a horizontal conspiracy among" certain e-book publishers to raise the prices of e-books, ruling that the agreement between Apple and the publishers constituted an unreasonable restraint of trade in violation of section 1 of the Sherman Act (United States of America, et al. v. Apple Inc., et al., Nos. 13-3741, 13-3748, 13-3783, 13-3857, 13-3864 and 13-3867, 2nd Cir.; 2015 U.S. App. LEXIS 11271).
BIRMINGHAM, Ala. - Having found that a plaintiff has an exclusive right to a "Peoplelink" trademark and logo and that a defendant's use of a virtually identical "PeopleLinkHR" mark constitutes infringement, an Alabama federal judge on June 30 rejected the defendant's counterclaims of trademark infringement and common law deceptive trade practices (Peoplelink LLC v. Birmingham Personnel Services Inc. d/b/a PeopleLink HR, No. 14-1549, N.D. Ala.; 2015 U.S. Dist. LEXIS 84575.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 29 affirmed that primary and excess commercial general liability insurers' motion to intervene in a Telephone Consumer Protection Act (TCPA) lawsuit after a $20 million settlement was reached was untimely (CE Design Ltd., et al. v. King Supply Co., LLC, et al., No. 12-2930, 7th Cir.; 2015 U.S. App. LEXIS 11117).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 29 found that allegations in an underlying amended counterclaim against a test-preparation provider insured do not potentially include a trade dress infringement claim, affirming a lower federal court's ruling in favor of the insurer in an advertising injury coverage dispute (Test Masters Educational System Inc. v. State Farm Lloyds, No. 14-20473, 5th Cir.; 2015 U.S. App. LEXIS 11148).
WASHINGTON, D.C. - A 108-year-old precedent bars allegations that a computer filing system patent was infringed, the Federal Circuit U.S. Court of Appeals ruled June 30 (SpeedTrack Inc. v. Office Depot Inc. et al., No. 14-1475, Fed. Cir.).
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on June 29 said it lacks appellate jurisdiction in a dispute over a copyrighted photograph (Richard N. Bell v. Cameron Taylor et al., No. 14-3099, 7th Cir.; 2015 U.S. App. LEXIS 11142).
SAN FRANCISCO - Apple Inc. did not establish that AT&T Mobility, its alleged co-conspirator in a putative antitrust class action related to service for Apple's iPhones, was a necessary party to the action, a Ninth Circuit U.S. Court of Appeals panel majority ruled June 29, reversing a trial court's dismissal of the case for failure to join AT&T, per Federal Rule of Civil Procedure 19 (Zack Ward, et al. v. Apple Inc., No. 12-17805, 9th Cir.; 2015 U.S. App. LEXIS 11065).
NEW YORK - A New York federal judge did not err in awarding a declaratory judgment copyright plaintiff summary judgment, the Second Circuit U.S. Court of Appeals said June 29 (16 Casa Duse LLC v. Alex Merkin et al., No. 13-3865, 2nd Cir.; 2015 U.S. App. LEXIS 11053).
WASHINGTON, D.C. - Efforts by the assignees of a patent covering a method for distributing copyrighted products over the Internet for review of a Federal Circuit U.S. Court of Appeals determination of patent ineligibility were unsuccessful on June 29 (Ultramercial LLC and Ultramercial Inc. v. WildTangent Inc., No. 14-1392, U.S. Sup.).
PHILADELPHIA - A holding by a New Jersey federal judge that a settlement of patent litigation that involves only an agreement to relinquish the right to produce an "authorized generic" (no-AG agreement) did not implicate federal antitrust law was vacated by the Third Circuit U.S. Court of Appeals on June 26 (King Drug Company of Florence Inc. et al. v. GlaxoSmithKline LLC et al., No. 14-1243, 3rd Cir.; 2015 U.S. App. LEXIS 10859).
WASHINGTON, D.C. - The question of whether copyright protection for software extends to all elements of the original work, even when those elements could have been written in more than one way, will not be answered by the U.S. Supreme Court, which denied certiorari in a high-profile dispute between Google Inc. and Oracle America Inc. on June 29 (Google Inc. v. Oracle America Inc., No. 14-410, U.S. Sup.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 23, in a ruling affirming the dismissal of a class complaint, declined to expand the coverage of the Song-Beverly Credit Card Act to online transactions (Michael Ambers, et al. v. Buy.com, Inc., No. 13-55953, 9th Cir.; 2015 U.S. App. LEXIS 10614).
CHICAGO - An Illinois federal judge on June 23 granted an insurer's motion to dismiss an office supply company insured's counterclaim alleging that it is entitled to declaratory relief regarding the insurer's indemnification duties in an underlying lawsuit alleging misappropriation of trade secrets, unfair competition and civil conspiracy (Sentinel Insurance Co. v. Yorktown Industries Inc., No. 14 CV 4212, N.D. Ill., Eastern Div.; 2015 U.S. Dist. LEXIS 81419).
WASHINGTON, D.C. - A New York federal judge's determination that a patent case was not exceptional was reversed, in part, by the Federal Circuit U.S. Court of Appeals on June 25 insofar as the ruling was based on a prevailing defendant's alleged misconduct (Gaymar Industries Inc. v. Cincinnati Sup-Zero Products Inc., No. 14-1174, Fed. Cir.).
WASHINGTON, D.C. - A Virginia federal judge did not err in invalidating various claims of a reissue patent for obviousness-type double patenting, the Federal Circuit U.S. Court of Appeals ruled June 23 (G.D. Searle LLC and Pfizer Asia Pacific Pte. Ltd. v. Lupin Pharmaceuticals Inc. et al., No. 14-1476, Fed. Cir.; 2015 U.S. App. LEXIS 10537).
WASHINGTON, D.C. - After requesting and receiving supplemental briefs on the impact of Alice Corp. v. CLS Bank International (134 S. Ct. 2347 ), the Federal Circuit U.S. Court of Appeals on June 23 affirmed a California federal judge's dismissal of patent claims on 35 U.S. Code Section 101 grounds (Internet Patents Corporation v. Active Network Inc. et al., Nos. 14-1048, -1061, -1062, -1063, Fed. Cir.; 2015 U.S. App. LEXIS 10536).