WASHINGTON, D.C. - A New York federal judge properly invalidated four patents covering the pain-relieving drug OxyContin following a three-week bench trial in 2013, the Federal Circuit U.S. Court of Appeals affirmed Feb. 1 (Purdue Pharma LP v. Epic Pharma LLC, et al., No. 14-1294, Fed. Cir.).
INDIANAPOLIS - A provider of online content and services filed a trademark infringement suit against a competitor in Indiana federal court on Jan. 29, asserting that the defendant's use of the trademark "Verge" violated its common-law and federal rights in the mark (Indy Founders LLC v. Vox Media Inc., et al., No. 1:16-cv-00265, S.D. Ind.).
SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).
CHICAGO - Citing the "farcical nature" of a television commercial for the popular 5-Hour Energy drink, an Illinois federal judge on Feb. 1 dismissed allegations of false advertising and invasion of privacy levied against the drink maker (Johannes T. Martin v. Living Essentials LLC, No. 15-1647, N.D. Ill.; 2016 U.S. Dist. LEXIS 11287).
WASHINGTON, D.C. - Although affirming a Virginia federal judge's construction of some disputed terms, the Federal Circuit U.S. Court of Appeals on Feb. 2 reversed with regard to others in a patent dispute between the trustees of Columbia University and Symantec Corp. (Trustees of Columbia University v. Symantec Corp., No. 15-1146, Fed. Cir.).
WASHINGTON, D.C. - Only the third-party requester of an inter partes re-examination (IPR) can appeal the outcome of the proceedings, the Federal Circuit U.S. Court of Appeals ruled Jan. 29 (Agilent Technologies Inc. v. Waters Technology Corp., No. 15-1280, Fed. Cir.; 2016 U.S. App. LEXIS 1441).
CHICAGO - A twice final, unappealed judgment in a Lanham Act case bars any claim for violations of the Illinois Franchise Disclosure Act (IFDA) in a subsequent action, the Seventh Circuit U.S. Court of Appeals ruled Jan. 27 (Window World of Chicagoland LLC and David Hampton v. Window World Inc., No. 5-2224, 7th Cir.; 2016 U.S. App. LEXIS 1255).
PHILADELPHIA - A petition for a writ of mandamus that would order the disqualification of U.S. Judge Richard G. Andrews of the District of Delaware was turned away Jan. 29 by the Third Circuit U.S. Court of Appeals, on grounds that the underlying issues presented in the cases concern patent law (In re: Dr. Lakshmi Arunachalam, No. 15-3569, 3rd Cir.; 2016 U.S. App. LEXIS 1358).
BOSTON - A Massachusetts federal judge properly rejected a trademark infringement dispute on jurisdictional grounds, the First Circuit U.S. Court of Appeals ruled Jan. 27 (A Corp. v. All American Plumbing Inc., No. 15-1509, 1st Cir.; 2016 U.S. App. LEXIS 1303).
TYLER, Texas - Declaratory judgment counterclaims and affirmative defenses of invalidity with regard to six patents were voluntarily dismissed by Apple Inc. on Jan. 25, on the first day of a retrial to decide whether the software giant infringed via the popular "FaceTime" feature (VirnetX Inc. v. Apple Inc., No. 12-855, E.D. Texas).
JACKSON, Miss. - Mississippi Attorney General (AG) Jim Hood is not entitled to a jury trial in the present declaratory action, Google Inc. argues in a Jan. 25 reply brief in support of a motion to strike the AG's jury demand, noting that it seeks equitable relief rather than damages in countering a discovery subpoena by the AG that Google says violates the protections of the Communications Decency Act (CDA) (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).
SAN FRANCISCO - Seeking to reverse a trial court judge's finding that an Internet-based rebroadcaster of copyrighted television shows might be entitled to a compulsory license under copyright law, a group of U.S. television networks on Jan. 27 filed an appellant brief in the Ninth Circuit U.S. Court of Appeals, arguing that the rebroadcaster is not entitled to such a license because it does not meet the definition of a "cable company" (Fox Television Stations Inc., et al. v. Aereokiller LLC, et al., No. 15-56420, 9th Cir.).
MARSHALL, Texas - A dispute over five patents relating to the digital labeling of websites will remain in Texas, a Texas federal magistrate judge ruled Jan. 25 (Emmanuel Gonzalez v. New Life Ventures Inc., No. 14-907, E.D. Texas.; 2016 U.S. Dist. LEXIS 8040).
WILMINGTON, Del. - A jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware sided squarely with a medical device maker on Jan. 26, deeming two patents infringed, rejecting a defense assertion of patent invalidity and awarding the plaintiff $37.5 million in damages (Greatbatch Ltd. v. AVX Corporation, et al., No. 13-723, D. Del.).
SAN FRANCISCO - Assertions of patent ineligibility under 35 U.S. Code Section 101 were rejected Jan. 25 by a California federal judge, who denied a motion for judgment on the pleadings by a defendant (Cave Consulting Group v. Truven Health Analytics Inc., No. 15-2177, N.D. Calif.; 2016 U.S. Dist. LEXIS 8395).
MARSHALL, Texas - A plaintiff partly prevailed Jan. 25 when a Texas federal judge deemed three disputed patents infringed and not invalid (Nichia Corporation v. Everlight Electronics Co. Ltd., et al., No. 13-702, E.D. Texas.; 2016 U.S. Dist. LEXIS 8378).
WASHINGTON, D.C. - An August 2015 Federal Circuit U.S. Court of Appeals reversal of findings by the Trademark Trial and Appeal Board that a proposed "nonhuman paw print" trademark would cause confusion in the marketplace will stand, thanks to a denial Jan. 25 by the U.S. Supreme Court of a petition for certiorari (New Millennium Sports S.L.U. v. Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA, No. 15-660, U.S. Sup.).
WASHINGTON, D.C. - Although finding no error in a New York federal judge's decision to deem a patent infringement case exceptional, the Federal Circuit U.S. Court of Appeals on Jan. 22 found that the judge failed to properly justify the manner in which her award of attorney fees was calculated (Lumen View Technology Inc. v. FindTheBest.com Inc., Nos. 15-1275, -1235, Fed. Cir.; 2016 U.S. App. LEXIS 1087).
WASHINGTON, D.C. - A trial court's judgment of a defendant under the Computer Fraud and Abuse Act (CFAA) was sufficiently supported by the evidence despite an erroneous jury instruction, the U.S. Supreme Court ruled Jan. 25, affirming the Fifth Circuit U.S. Court of Appeals' rejection of the defendant's challenges to the sufficiency of the evidence and under the statute of limitations (Michael Musacchio v. United States of America, No. 14-1095, U.S. Sup.).
NEW YORK - Efforts by United States Polo Association Inc. and USPA Properties Inc. (USPA, collectively) to deny a contempt application filed by a longtime legal adversary failed Jan. 21, when a New York federal judge rejected the request (United States Polo Association Inc., et al. v. PRL USA Holdings Inc., et al., No. 09-9476, S.D. N.Y.).
CHICAGO - An Illinois federal judge on Jan. 15 denied two Doe defendants' motions to quash a copyright holder's subpoenas to discover their identities, finding no merit to the Does' arguments alleging misjoinder and free speech right violations (Cobbler Nevada LLC v. Does 1-28, No.1:15-cv-07538, N.D. Ill.; 2016 U.S. Dist. LEXIS 5623).
WASHINGTON, D.C. - In the Jan. 19 orders list, the U.S. Supreme Court revealed it will not review a 2015 ruling by the Federal Circuit U.S. Court of Appeals that reversed a Florida federal judge's denial of a motion to dismiss patent infringement allegations (Alps South LLC v. The Ohio Willow Wood Co., No. 15-567, U.S. Sup.).
CINCINNATI - Allegations that the Regents of the University of Michigan infringed upon a copyrighted mnemonic model were dismissed Jan. 19 by an Ohio federal judge on grounds of sovereign immunity (Josepha A. Campinha-Bacote v. Regents of the University of Michigan, et al., No. 15-330, S.D. Ohio.; 2016 U.S. Dist. LEXIS 5958).
NEW YORK - Citing "unequivocal" evidence that a trademark infringement plaintiff does not own the trademarks it has asserted, a New York federal judge on Jan. 15 dismissed the action pursuant to Federal Rule of Civil Procedure 12(b)(6) (CCR International Inc. v. Elias Group LLC, et al., No. 15-6563, S.D. N.Y.; 2016 U.S. Dist. LEXIS 5476).
SANTA ANA, Calif. - In a Jan. 19 memorandum, Barnes & Noble Inc. (BN) asks a New York federal judge to compel the plaintiff in a consumer legal remedies lawsuit to produce responsive documents to a discovery interrogatory seeking to establish the plaintiff's claimed connection to New York under which he alleges violation of state consumer laws (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).