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).
RICHMOND, Va. - A Virginia federal judge correctly granted myriad defendants summary judgment on copyright infringement allegations, the Fourth Circuit U.S. Court of Appeals ruled June 23 (Humphreys & Partners Architects L.P. v. Lessard Design Inc., et al., No. 14-2030, 4th Cir.; 2015 U.S. App. LEXIS 10566).
KANSAS CITY, Kan. - A defendant in a trade secrets and computer fraud lawsuit related to online automotive training courses failed to support its objections to discovery sought by the plaintiff, a Kansas federal judge ruled June 19, granting the plaintiff's motion to compel (U Incorporated v. ShipMate Inc., et al., No. 2:14-cv-02287, D. Kan.; 2015 U.S. Dist. LEXIS 79694).
WASHINGTON, D.C. - Reversing course, the Federal Circuit U.S. Court of Appeals on June 23 affirmed a final judgment of infringement entered by a Texas federal judge in a dispute over patented electronic ballasts (Lighting Ballast Control LLC v. Universal Lighting Technologies Inc., No. 12-1014, Fed. Cir.).
MIAMI - Breaking with federal courts in New York and California in similar litigation, a Florida federal judge on June 22 found that Flo & Eddie Inc. have no public performance rights under Florida copyright common law in The Turtles' pre-1972 sound recordings (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 13-23182, S.D. Fla.; 2015 U.S. Dist. LEXIS 80535).
WASHINGTON, D.C. - A case that could decide the question of whether restricted sales of patented articles to end users and resellers gives rise to the doctrine of patent exhaustion will be heard by an en banc Federal Circuit U.S. Court of Appeals in October, the court announced June 22 (Lexmark International Inc. v. Impression Products Inc., Nos. 14-1617, -1619, Fed. Cir.).
WASHINGTON, D.C. - A presumption employed by the Federal Circuit U.S. Court of Appeals that claims amended to overcome a disallowance by the U.S. Patent and Trademark Office (PTO) largely remain the same and that any narrowing must be clear and unmistakable is still in place after the U.S. Supreme Court on June 22 denied certiorari in a patent case brought against Google Inc. (Google Inc. v. Vederi LLC, No. 14-448, U.S. Sup.).
WASHINGTON, D.C. - Citing the principle of stare decisis, the U.S. Supreme Court on June 22 let stand its 1964 holding in Brulotte v. Thys (379 U.S. 29 ) that royalties may not be awarded for patents that have expired (Stephen Kimble et al. v. Marvel Enterprises Inc., No. 13-720, U.S. Sup.).
WASHINGTON, D.C. - A Virginia federal judge erroneously construed various claims in a traffic data patent, the Federal Circuit U.S. Court of Appeals ruled June 19 (TomTom Inc. v. Michael Adolph, No. 14-1699, Fed. Cir.; 2015 U.S. App. LEXIS 10328).
WASHINGTON, D.C. - On remand from the U.S. Supreme Court, a divided Federal Circuit U.S. Court of Appeals on June 18 again deemed the "Group I" claims of numerous multiple sclerosis drug patents invalid as indefinite (Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., Nos. 12-1567, -1568, -1569, -1570, Fed. Cir.; 2015 U.S. App. LEXIS 10229).
RICHMOND, Va. - Allegations of copyright infringement levied against pop stars Usher Raymond IV, also known as Usher, and Justin Bieber will proceed in Virginia federal court, the Fourth Circuit U.S. Court of Appeals ruled June 18 (Devin Copeland, et al. v. Justin Bieber, et al., No. 14-1427, 4th Cir.; 2015 U.S. App. LEXIS 10257).
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on June 18 denied en banc rehearing in a dispute over injunctive relief and sanctions in a patent case and instead issued a revised opinion (ePlus Inc. v. Lawson Software Inc., Nos. 13-1506, -1587, Fed. Cir.).
RICHMOND, Va. - A North Carolina federal judge did not err in granting several defendants summary judgment on allegations of false advertising under the Lanham Act, the Fourth Circuit U.S. Court of Appeals ruled June 18 (Design Resources Inc. v. Leather Industries of America et al., No. 14-1990, 4th Cir.; 2015 U.S. App. LEXIS 10258).
SPRINGFIELD, Ill. - An online comment calling a local politician a "Sandusky" implied the commission of a crime and was, therefore, defamatory, the Illinois Supreme Court held June 18, affirming the issuance of a subpoena identifying the anonymous commenter in a defamation lawsuit (Bill Hadley v. Subscriber Doe a/k/a Fuboy, No. 118000, Ill. Sup.; 2015 IL 118000; 2015 Ill. LEXIS 750).
DALLAS - A request by a trademark infringement and false designation of origin defendant to withdraw or amend its earlier admissions was granted June 16 by a Texas federal magistrate judge, over the objections of a plaintiff (Republic Title of Texas Inc. v. First Republic Title LLC, No. 14-3848, N.D. Texas; 2015 U.S. Dist. LEXIS 77352).
PHILADELPHIA - A Pennsylvania federal judge on June 17 approved a $1.2 billion settlement between Cephalon Inc. and the Federal Trade Commission in an antitrust battle accusing the company of engineering reverse payments with generic-drug makers made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission v. Cephalon Inc., No. 08-2141, E.D. Pa.).
NEW YORK - A default judgment entered against a defendant in a copyright and trademark infringement case should be set aside, and the complaint dismissed, a New York federal magistrate judge said in a June 17 report and recommendation (Susan Gench v. Liquid Web Inc. et al., No. 14-3592, S.D. N.Y.; 2015 U.S. Dist. LEXIS 78309).