WASHINGTON, D.C. - A Pennsylvania federal judge abused his discretion when striking a patent infringement defendant's answer and counterclaims as a sanction for failure to comply with two discovery orders, the Federal Circuit U.S. Court of Appeals ruled Sept. 29 (Drone Technologies Inc. v. Parrot S.A., et al., Nos. 15-1892, -1955, Fed. Cir.; 2016 U.S. App. LEXIS 17643).
ALEXANDRIA, Va. - A patent that is the subject of a lawsuit pending in Missouri federal court will also be the subject of inter partes review, the Patent Trial and Appeal Board ruled Sept. 26 (Apple Inc. v. Masa LLC, No. IPR2016-00748, PTAB).
TRENTON, N.J. - A case involving claims of willful design patent infringement will proceed without a preliminary injunction in place, a New Jersey federal judge ruled Sept. 27 (Brandywine Product Group International v. Universal Distribution Center LLC, No. 16-2248, D. N.J.; 2016 U.S. Dist. LEXIS 132195).
WASHINGTON, D.C. - In a Sept. 26 miscellaneous order list, the U.S. Supreme Court granted a motion by the U.S. solicitor general to participate as amicus curiae in the upcoming oral arguments in a design patent lawsuit between Samsung Electronics Co. and Apple Inc. pertaining to Apple smartphone designs (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).
WASHINGTON, D.C. - A ruling by the Federal Circuit U.S. Court of Appeals that deemed the Lanham Act's disparagement provision - codified at 15 U.S. Code Section 1052(a) (Section 2[a]) - unconstitutional will be reviewed by the U.S. Supreme Court, which granted certiorari Sept. 29 (Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).
WASHINGTON, D.C. - A covered business method (CBM) review of an interactive video distribution patent correctly ended in findings of patent invalidity under 35 U.S. Code Section 102, the Federal Circuit U.S. Court of Appeals ruled Sept. 26 (Intertainer Inc. v. Hulu LLC, No. 15-2065, Fed. Cir.; 2016 U.S. App. LEXIS 17452).
WASHINGTON, D.C. - Sprint Communications Co. LP and several affiliates (Sprint, collectively) prevailed Sept. 23 before the Federal Circuit U.S. Court of Appeals in their effort to overturn a Delaware federal judge's determination that six voice-over Internet protocol (VOIP) patents are invalid as indefinite under 35 U.S. Code Section 112 (Sprint Communications Company LP, et al. v. Cox Communications Inc., et al., No. 16-1013, Fed. Cir.; 2016 U.S. App. LEXIS 17372).
ALEXANDRIA, Va. - In a Sept. 24 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board, a company specializing in shock absorbers for mountain bikes takes aim at a patent that discloses a solitary chainring of a front crankset of a bicycle drivetrain (FOX Factory Inc. v. SRAM LLC, No. PGR2016-00043, PTAB).
SAN FRANCISCO - A California federal judge erred in refusing to enforce a 2 million Euro judgment ordered by a French court against an American art editor accused of copyright violations under the California Uniform Foreign-Court Monetary Judgment Recognition Act, the Ninth Circuit U.S. Court of Appeals ruled Sept. 26 (Yves Sicre de Fontbrune v. Alan Wofsy, No. 14-15790, 9th Cir. 2016 U.S. App. LEXIS 17477).
ALEXANDRIA, Va. - A petition by Teva Pharmaceuticals USA Inc. for inter partes review of 31 claims of a patent that claims compositions useful in the treatment of diabetes was granted Sept. 23 by the Patent Trial and Appeal Board, which additionally agreed that the challenge should be consolidated with an IPR petition by Mylan Pharmaceuticals Inc. that was granted in May (Teva Pharmaceuticals USA Inc. v. Astrazeneca AB, No. IPR2016-01122, PTAB).
SACRAMENTO, Calif. - The National Grange of the Order of Patrons of Husbandry and The California State Grange won a partial preliminary injunction on Sept. 23 on false advertising claims arising from the latest installment in ongoing litigation with a disaffiliated charter (The National Grange of the Order of Patrons of Husbandry, et al. v. California State Grange d/b/a The California Guild, No. 16-201, E.D. Calif.; 2016 U.S. Dist. LEXIS 130805).
PHILADELPHIA - A Pennsylvania federal judge did not err in deeming a trademark infringement plaintiff the lawful and rightful owner of the "Fudgetopia" and "Fudgie Wudgie" trademarks as well as a related logo, the Third Circuit U.S. Court of Appeals ruled Sept. 23 (Three Rivers Confections LLC v. Christopher M. Warman, et al., No. 15-3436, 3rd Cir.; 2016 U.S. App. LEXIS 17390).
ALEXANDRIA, Va. - In a Sept. 22 petition for inter partes review filed with the Patent Trial and Appeal Board, eBay Inc. and others allege that a graphic user interface (GUI) patent is invalid under 35 U.S. Code Section 103 (eBay Inc., et al., v. Global Equity Management Pty. Ltd., No. IPR2016-01828, PTAB).
TRENTON, N.J. - Counterclaims of contributory copyright infringement were rejected Sept. 22 by a New Jersey federal judge as barred by the economic loss doctrine because the allegations giving rise to the counterclaim are not "separate and distinct" from a related breach of contract counterclaim (Air Express International d/b/a DHL Global Forwarding Corporation v. LOG-NET Inc., No. 12-1732, D. N.J.; 2016 U.S. Dist. LEXIS 129409).
WASHINGTON, D.C. - On remand from the U.S. Supreme Court, a divided Federal Circuit U.S. Court of Appeals on Sept. 21 vacated a Texas federal judge's denial of enhanced damages in a patent infringement dispute (WesternGeco LLC v. ION Geophysical Corp., Nos. 2013-1527, 2014-1121, -1526, -1528, Fed. Cir.; 2016 U.S. App. LEXIS 17215).
ALEXANDRIA, Va. - Samsung Electronics Co. Ltd.'s claim that a patented remote device management method and system is invalid pursuant to 35 U.S. Code Section 103(a) was rejected Sept. 19 by the Patent Trial and Appeal Board (Samsung Electronics Co. Ltd. v. Koninklijke KPN N.V., No. IPR2016-00808, PTAB).
TRENTON, N.J. - Although denying a plaintiff's request to dismiss counterclaims of inequitable conduct, a New Jersey federal judge on Sept. 20 nonetheless granted the plaintiff a preliminary injunction in a patent dispute over injectable lyophilized levothyroxine (Fresenius Kabi USA LLC v. Fera Pharmaceuticals LLC, et al., No. 15-3654, D. N.J.; 2016 U.S. Dist. LEXIS 128126).
SAN FRANCISCO - Amazon.com Inc. on Sept. 20 won dismissal with prejudice of allegations that it infringed two patents amid findings by a California federal judge that the patents in suit do not pass muster under 35 U.S. Code Section 101 (TriDim Innovations LLC v. Amazon.com Inc., No. 15-5477, N.D. Calif.; 2016 U.S. Dist. LEXIS 127483).
ROCKFORD, Ill. - An Illinois federal judge on Sept. 19 granted a professional liability insurer's request to rescind three policies because of material misrepresentations that a patent and trademark attorney insured made on his application (Minnesota Lawyers Mutual Insurance Co. v. Jerry A. Schulman, et al., No. 14-50142, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 127261).
NEW YORK - Efforts by McGraw-Hill Global Education Holdings LLC and McGraw-Hill School Education Holdings LLC (McGraw-Hill, collectively) to dismiss allegations of copyright infringement were unsuccessful Sept. 16, when a New York federal judge rejected the textbook publishers' claim that 14 disputed photographs are in the public domain (Joseph Sohm v. McGraw-Hill Global Education Holdings LLC, et al., No. 16-4255, S.D. N.Y.; 2016 U.S. Dist. LEXIS 126836).
NEW YORK - Although agreeing with three textbook publishers that a defendant cannot raise the affirmative defenses of copyright misuse and unclean hands to allegations of infringement, a New York federal judge on Sept. 19 denied a motion to strike the related affirmative defense of "innocent infringement" (John Wiley & Sons Inc., et al. v. Book Dog Books LLC, et al., No. 13-816, S.D. N.Y.; 2016 U.S. Dist. LEXIS 127307).
DALLAS - Efforts by a copyright infringement and false advertising plaintiff to obtain a temporary restraining order barring the construction of a single-family home were unsuccessful Sept. 16, when a Texas federal judge denied the request (The Joseph Paul Corporation d/b/a The Joseph Paul Homes v. Trademark Custom Homes, Inc., et al., No. 16-1651, N.D. Texas; 2016 U.S. Dist. LEXIS 126206).
PHILADELPHIA - A dispute over the Buck Rogers character will proceed with allegations of federal trademark dilution intact, but without a related state law claim, in light of a "divergence between the Lanham Act and Pennsylvania trademark law," according to a Sept. 16 ruling by a Pennsylvania federal judge (The Dille Family Trust v. The Nowlan Family Trust, No. 15-6231, E.D. Pa.; 2016 U.S. Dist. LEXIS 126191).
ALEXANDRIA, Va. - Citing four pieces of allegedly invalidating prior art, Netflix Inc. on Sept. 15 sought inter partes review before the Patent Trial and Appeal Board of a patent relating to the use of one device to select content for playback on another device (Netflix Inc. v. Convergent Media Solutions LLC, No. IPR2016-01812, PTAB).
ALEXANDRIA, Va. - Several medical device makers on Sept. 15 took aim at a patent that claims a belt connector for electrically connecting an electrode belt to a biometric device, in a new petition for inter partes review filed with the Patent Trial and Appeal Board (Natus Medical Inc., et al., v. Nox Medical EHF, No. IPR2016-01822, PTAB).