LAS VEGAS - A request for an indicative ruling that would reconsider his earlier dismissal, on jurisdiction grounds, of a dispute over the "MacPoker" trademark was denied June 1 by a Nevada federal judge (Best Odds Corp. v. iBus Media et al., No. 13-2008, D. Nev.; 2015 U.S. Dist. LEXIS 70509).
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 28 affirmed a lower federal court's ruling that commercial general liability coverage exists for an underlying trade dress infringement claim against a restaurant insured, further finding that the court properly determined the amount of attorney fees awarded to the insured (Maiden Specialty Insurance Co. v. Three Chefs and a Chicken, Inc., et al., No. 14-11574, 11th Cir.; 2015 U.S. App. LEXIS 8804).
SAN JOSE, Calif. - Finding no secondary meaning in a psychologist's name, a California appeals panel on May 27 affirmed a trial court's dismissal of her trademark claims against Google Inc. and Yahoo Inc., also affirming the lower court's discovery rulings and denial of a motion to file an amended complaint (Carla Ison v. Google Inc., et al., No. H039439, Calif. App., 6th Dist.; 2015 Cal. App. Unpub. LEXIS 3667).
CHICAGO - An Illinois federal judge on May 29 granted without prejudice a motion to dismiss a copyright infringement and federal unfair competition lawsuit for lack of personal jurisdiction (Appjigger GmbH v. BLU Products Inc. et al., No. 14-9650, N.D. Ill.; 2015 U.S. Dist. LEXIS 69477).
MARSHALL, Texas - Allegations that a defendant infringed a patented method and system for providing incentive awards programs over a computer network were rejected on summary judgment on May 29 (Kroy IP Holdings LLC v. Safeway Inc., No. 12-800, E.D. Texas; 2015 U.S. Dist. LEXIS 69363).
WILMINGTON, Del. - Citing "loser pays" language in a 1991 agreement, a Delaware federal judge on May 27 deemed Medtronic Inc. entitled to an award of all attorney fees and costs it incurred in bringing a declaratory judgment patent noninfringement lawsuit in 2007 (Medtronic Inc. v. Boston Scientific Corp. et al., No. 07-823, D. Del.; 2015 U.S. Dist. LEXIS 68009).
SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2015 U.S. Dist. LEXIS 68585).
MADISON, Wis. - Although conceding that a defendant's counterclaims and affirmative defenses are "probably" "technically insufficient," a Wisconsin federal judge on May 27 nonetheless denied a plaintiff's motion to dismiss and/or strike (Nouis Technologies Inc. v. Polaris Industries Inc., No. 14-233, W.D. Wis.; 2015 U.S. Dist. LEXIS 68128).
PHILADELPHIA - On the eve of a planned June 1 trial, the Federal Trade Commission and Cephalon Inc. announced May 28 a $1.2 billion settlement in their long-running antitrust battle over reverse payments made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission v. Cephalon Inc., No. 08-2141, E.D. Pa.).
SEATTLE - A motion by Ford Motor Co. for judgment as a matter of law (JMOL) that 65 patent claims asserted by an infringement plaintiff were abandoned was granted, in part, by a Washington federal judge on May 25 (Eagle Harbor Holdings LLC, et al. v. Ford Motor Co., No. 11-5503, W.D. Wash.; 2015 U.S. Dist. LEXIS 67897).
WASHINGTON, D.C. - In a notice filed May 26, the plaintiffs in a lawsuit regarding the data collection activities of the National Security Agency (NSA) advised the District of Columbia U.S. Circuit Court of Appeals of a recent Second Circuit U.S. Court of Appeals ruling that deemed the NSA's program not authorized by the USA Patriot Act (Larry Elliott Klayman, et al. v. Barack Hussein Obama, et al., No. 14-5004, 14-5005, 14-5016, 14-5017, D.C. Cir.).
INDIANAPOLIS - Citing his June 2014 approval of a Case Management Plan, in-progress discovery and a scheduled claim construction hearing, an Indiana federal magistrate judge on May 26 denied a defendant's request for a stay of patent infringement claims pending resolution of its inter partes review (IPR) request before the U.S. Patent and Trademark Office (PTO) (Bonutti Research Inc., et al. v. Lantz Medical Inc., No. 14-609, S.D. Ind.; 2015 U.S. Dist. LEXIS 67450).
SAN JOSE, Calif. - Although a California federal judge found the motion to file a third amended complaint (TAC) to add an additional named plaintiff in a privacy class action against Facebook Inc. to be untimely, he found no bad faith on the plaintiffs' part and no substantial prejudice to Facebook, granting the motion in a May 22 ruling (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.).
FORT MYERS, Fla. - A Florida federal judge on May 24 declined to exclude the testimony of a patent validity expert but limited the testimony of a damages expert so that taxes are not deducted from an accused infringer's gross profit margin, finding that if there is infringement, it is more equitable for the patent holder to receive any windfall that may occur by not deducting the taxes paid (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 67394).
ORLANDO, Fla. - Two Florida women have sufficiently alleged defamation against Fox News Networks LLC related to its airing of a video clip of the women on television and posting of it online, a Florida federal judge ruled May 21, denying the network's motion to dismiss (Kathleen M. Duffy, et al. v. Fox News Networks LLC, No. 6:14-cv-01545, M.D. Fla.; 2015 U.S. Dist. LEXIS 66534).
SAN FRANCISCO - A California federal judge erroneously deemed an infringement plaintiff's copyrighted "zebra" design invalid, according to a May 22 ruling by the Ninth Circuit U.S. Court of Appeals (Meridian Textiles Inc. v. Topson Downs of California Inc. et al., No. 12-17590, 9th Cir.; 2015 U.S. App. LEXIS 8545).
SAN FRANCISCO - Allegations that various defendants infringed 24 copyrighted jewelry designs will proceed to trial, the Ninth Circuit U.S. Court of Appeals ruled May 22 (A'lor International Ltd. v. Tappers Fine Jewelry Inc., et al., No. 13-55816, 9th Cir.; 2015 U.S. App. LEXIS 8548).
WASHINGTON, D.C. - In a 6-2 ruling, with Justice Stephen G. Breyer recused, the U.S. Supreme Court on May 26 rejected claims by Cisco Systems Inc. that having a good faith belief that a patent is invalid can serve as a defense to claims of induced patent infringement (Commil USA LLC v. Cisco Systems Inc., No. 13-896, U.S. Sup.).
WASHINGTON, D.C. - A Washington federal judge's determination that Microsoft Corp. did not infringe various claims of a speech recognition patent was upheld May 22 by the Federal Circuit U.S. Court of Appeals (Allvoice Developments US LLC v. Microsoft Corp., No. 14-1258, Fed. Cir.).
CHARLOTTE, N.C. - A North Carolina federal magistrate judge's order granting a patent infringement defendant's motion to transfer venue to the U.S. District Court for the Eastern District of Michigan was reversed May 21 by a North Carolina federal judge (Celgard LLC v. LG Chem Ltd., No. 14-43, W.D. N.C.; 2015 U.S. Dist. LEXIS 66600).
BOSTON - A request by Boston University for summary judgment of infringement of a semiconductor patent was denied May 20 by a Massachusetts federal judge (Trustees of Boston University v. Everlight Electronics Co. Ltd., et al., No. 12-11935, D. Mass.; 2015 U.S. Dist. LEXIS 65840).
OKLAHOMA CITY - A former student of the late, famed golfer Moe Norman was preliminarily enjoined, in part, by an Oklahoma federal judge on May 20 from using the "Moe Norman" trademark in connection with golf services (Estate of Moe Norman et al. v. Greg Lavern, No. 14-1435, W.D. Okla.; 2015 U.S. Dist. LEXIS 65611).
NEW ORLEANS - Finding no abuse of discretion in a Texas federal judge's decision to deny a prevailing copyright infringement defendant its attorney fees, the Fifth Circuit U.S. Court of Appeals on May 20 affirmed (Macro Niche Software Inc., et al. v. Imaging Solutions of Australia, No. 14-20371, 5th Cir.; 2015 U.S. App. LEXIS 8348).
GREENSBORO, N.C. - A North Carolina federal magistrate judge on May 19 granted Allergan Inc. and Duke University leave to amend to remove all allegations of infringement of one patent while narrowing their infringement allegations as they relate to another (Allergan Inc. and Duke University v. Apotex Inc., et al., No. 14-1028, M.D. N.C.; 2015 U.S. Dist. LEXIS 64973).
SAN FRANCISCO - Although a California federal magistrate judge abused his discretion by "categorically" denying a prevailing copyright infringement plaintiff her full request for attorney fees, he properly denied a motion for sanctions by the plaintiff in connection with alleged evidence spoliation, the Ninth Circuit U.S. Court of Appeals ruled May 19 (Victoria Ryan v. Editions Limited West, et al., Nos. 12-17810, 13-15061, 9th Cir.; 2015 U.S. App. LEXIS 8199).