ERIE, Pa. - A second expert report filed by the lead plaintiffs in a proposed class action over spying software when they filed their reply brief in support of their renewed motion for class certification was filed too late, a Pennsylvania federal magistrate judge ruled March 22, striking the new report (Crystal Byrd, et al. v. Aaron's, Inc., et al., No. 11-101, W.D. Pa., 2017 U.S. Dist. LEXIS 41030).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 dismissed an insured's appeal in an advertising injury coverage dispute after a lower federal court determined on remand that it lacked subject matter jurisdiction over the case (Vogue International, LLC, d.b.a. Vogue International v. Hartford Casualty Insurance Co., No. 14-56394, 9th Cir., 2017 U.S. App. LEXIS 5011).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 affirmed a lower federal court's $6,080,568 judgment in favor of an insured in a breach of contract and bad faith lawsuit against its excess general liability insurer arising from an underlying patent infringement dispute (Teleflex Medical Incorporated v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 14-56366, 9th Cir., 2017 U.S. App. LEXIS 4996).
TYLER, Texas - In a patent infringement lawsuit, an expert may provide opinions "based on his technical knowledge and expertise" as to the technical advantages of a claimed process of forming circuitry used in controlling liquid crystal displays (LCDs), a Texas federal magistrate judge ruled March 22 (Eidos Display LLC and Eidos III LLC v. Chi Mei Innolux Corp., et al., No. 11-00201, E.D. Texas, 2017 U.S. Dist. LEXIS 41040).
ALBANY, N.Y. - Citing evidence that a defendant acted outside the scope of its licensing agreement with a plaintiff, as well as evidence that the defendant used a trademark identical to that of a plaintiff, a New York federal judge on March 22 granted partial summary judgment in a dispute over sports protective eyewear (Halo Optical Products Inc. v. Liberty Sport Inc., No. 14-282, N.D. N.Y., 2017 U.S. Dist. LEXIS 41084).
OAKLAND, Calif. - A California federal judge on March 22 granted in part a motion for summary judgment by Apple Inc., finding that the plaintiffs in a putative antitrust class action failed to establish the primary alleged aftermarket for iPhone voice and data services related to claimed service exclusivity through AT&T Mobility, but the judge deemed a narrower aftermarket related to iPhones not unlocked for service provider exclusivity sufficiently alleged (Zack Ward, et al. v. Apple Inc., No. 4:12-cv-05404, N.D. Calif.).
NEW ORLEANS - A dismissal with prejudice of a complaint seeking a declaration of patent noninfringement and that no trade secrets were misappropriated was correct, the Fifth Circuit U.S. Court of Appeals ruled March 20 in a dispute over gas-to-liquid (GTL) conversion technology (Sasol North America Inc., et al. v. GTLPetrol LLC, No. 16-20122, 5th Cir., 2017 U.S. App. LEXIS 5107).
PHILADELPHIA - A child pornography suspect was correctly found to be in contempt when he refused to comply with a court order requiring him to provide law enforcement with access to external hard drives, a Third Circuit U.S. Court of Appeals panel ruled March 20, finding that the defendant's rights under the Fifth Amendment to the U.S. Constitution were not violated (United States of America v. Apple Mac Pro Computer, et al., No. 15-3537, 3rd Cir.; 2017 U.S. App. LEXIS 4874).
TALLAHASSEE, Fla. - A majority of a Florida appeals court on March 20 affirmed a lower court's ruling that an insurer's quarterly supplemental reporting (QUASR) data satisfies the definition of trade secret under state law and is, therefore, exempt from public disclosure (Office of Insurance Regulation v. State Farm Florida Ins. Co., No. 1D16-2301, Fla. App., 1st Dist., 2017 Fla. App. LEXIS 3662).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).
SAN FRANCISCO - A service that captures copyrighted works broadcast over the air for online retransmission to paying subscribers without the consent of a copyright holder is not eligible for the compulsory license for "cable systems" provided for in Section 111 of the Copyright Act, 17 U.S.C. 101 et seq., the Ninth Circuit U.S. Court of Appeals ruled March 21 (Fox Television Stations Inc., et al. v. Aereokiller LLC, No. 15-56420, 9th Cir., 2017 U.S. App. LEXIS 4999).
WASHINGTON, D.C. - The doctrine of patent exhaustion is not avoidable by attaching post-sale restrictions, an attorney for a patent infringement defendant told the U.S. Supreme Court on March 21 (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on March 21 heard arguments from Microsoft Corp. and a class of owners of allegedly defective Xbox gaming systems as to whether an appeals court has jurisdiction to consider a class certification appeal after the plaintiffs have voluntarily dismissed their claims with prejudice (Microsoft Corp. v. Seth Baker, et al., No. 15-457, U.S. Sup.).
WASHINGTON, D.C. - In divided decision, the U.S. Supreme Court on March 22 ruled that a feature incorporated into the design of a useful article is eligible for copyright protection when the feature can be perceived as a two- or three-dimensional work of art separate from the useful article and would qualify on its own or in some other tangible medium as a protectable pictorial, graphic or sculptural work (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).
MARSHALL, Texas - Although a urologist's testimony on the inefficacy of natural and herbal remedies was barred in a patent infringement case over a drug's marketing, a Texas federal judge on March 17 allowed the urologist to testify as to the drug's marketing (Erfindergemeinschaft UroPep GbR v. Eli Lilly and Co., No. 15-1202, E.D. Texas; 2017 U.S. Dist. LEXIS 38512).
NEW ORLEANS - An award of royalty damages on behalf of a trademark infringement plaintiff was vacated March 16 by the Fifth Circuit U.S. Court of Appeals (Streamline Production Systems Inc. v. Streamline Manufacturing Inc., No. 16-20046, 5th Cir., 2017 U.S. App. LEXIS 4708).
WASHINGTON, D.C. - A Delaware federal judge did not abuse her discretion in determining that a failed patent case by Bayer Cropscience AG was exceptional, thereby triggering an award of attorney fees, the Federal Circuit U.S. Court of Appeals concluded March 17 (Bayer Cropscience AG v. Dow Agrosciences LLC, No. 15-1854, Fed. Cir., 2017 U.S. App. LEXIS 4723).
WASHINGTON, D.C. - In a 7-1 ruling, the U.S. Supreme Court on March 21 rejected findings by a divided en banc Federal Circuit U.S. Court of Appeals that the equitable defense of laches remains available even when a claim for damages is brought within the six-year limitations period set forth in Section 286 of the Patent Act, 35 U.S.C. 1 et seq. (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).
MADISON, Wis. - A Wisconsin federal judge on March 16 found several state officials not liable for violation of the Stored Communications Act (SCA) in the seizure of an organization's electronic records as part of an investigation, finding the relevant warrants to have been issued in compliance with the statute and deeming the officials entitled to immunity under the act (The John K. MacIver Institute for Public Policy Inc. v. Francis Schmitz, et al., No. 3:16-cv-00539, W.D. Wis., 2017 U.S. Dist. LEXIS 36796).
WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on March 17 found that a patent dispute requires a new trial on damages in light of Samsung Electronics Co. v. Apple Inc., 137 S. Ct. 429 (2016) (Nordock Inc. v. Systems Inc., Nos. 14-1762, -1795, Fed. Cir.; 2017 U.S. App. LEXIS 4732).
WASHINGTON, D.C. - A North Carolina federal judge's determination that all claims of a hair growth patent are invalid was reversed March 17 by the Federal Circuit U.S. Court of Appeals (Allergan Inc. v. Sandoz Inc., et al., Nos. 16-1085, -1160, Fed. Cir.; 2017 U.S. App. LEXIS 4733).
ALEXANDRIA, Va. - In a March 13 ruling the Patent Trial and Appeal Board instituted inter partes review of eight claims of a patent covering, among other things, a transceiver with sleep mode for reduced power consumption (DISH Network LLC v. TQ Delta LLC, No. IPR2016-01760, PTAB).
SAN FRANCISCO - Competing motions for summary judgment on whether licensing agreements asserted in a third amended complaint (TAC) establish that disputed software is subject to the first-sale defense to allegations of copyright infringement were denied March 14 by a California federal judge (Microsoft Corp. v. A&S Electronics Inc., No. 15-3570, N.D. Calif., 2017 U.S. Dist. LEXIS 36477).
ALEXANDRIA, Va. - Efforts by Ford Motor Co. to invalidate a patented system and method for consolidating multiple product configuration models pursuant to the covered business method (CBM) review mechanism were unsuccessful on March 15, when the Patent Trial and Appeal Board denied Ford's petition (Ford Motor Co. v. Versata Development Group Inc., No. CBM2016-00101, PTAB).
FORT LAUDERDALE, Fla. - In a March 14 motion in Florida federal court, New York media firm Buzzfeed Inc. seeks dismissal of a defamation lawsuit over its January online publication of an article over purported Russian attempts to hack the Democratic National Committee (DNC), asserting a lack of jurisdiction because the dispute "has nothing to do with Florida" (Aleksej Gubarev, et al. v. Buzzfeed Inc., et al., No. 0:17-cv-60426, S.D. Fla.).