SAN FRANCISCO - A California federal judge did not err in granting a new trial on trade dress infringement allegations, nor in his decision to exclude a plaintiff's damages expert at the new trial and bar the plaintiff from seeking lost profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 31 (Stop Staring! Designs v. Tatyana LLC, d/b/a Bettie Page Clothing, No. 13-55051, 9th Cir.; 2015 U.S. App. LEXIS 15388).
DENVER - Allegations of false advertising under Section 43(a) of the Lanham Act were properly dismissed by a Utah federal judge, the 10th Circuit U.S. Court of Appeals ruled Aug. 31 (Dr. Drake Vincent M.D., et al. v. Utah Plastic Surgery Society, et al., No. 13-4146, 10th Cir.; 2015 U.S. App. LEXIS 15345).
WASHINGTON, D.C. - A final judgment of noninfringement was reversed and remanded Aug. 27 by the Federal Circuit U.S. Court of Appeals because it rested upon an erroneous claim construction (Inline Plastics Corporation v. EasyPak LLC, No. 14-1305, Fed. Cir.; 2015 U.S. App. LEXIS 15117).
WASHINGTON, D.C. - A Delaware federal judge's award of supplemental damages in a patent case was reversed by the Federal Circuit U.S. Court of Appeals on Aug. 28, in light of the "intervening change in the law of indefiniteness" resulting from Nautilus Inc. v. Biosig Instruments Inc. (134 S. Ct. 2120 ) (Dow Chemical Company v. NOVA Chemicals Corp. et al., Nos. 14-1431, -1462, Fed. Cir.; 2015 U.S. App. LEXIS 15191).
INDIANAPOLIS - Citing the U.S. Supreme Court's ruling on divided infringement in Limelight Networks Inc. v. Akamai Technologies Inc. (134 S. Ct. 2111 ) and a recent en banc Federal Circuit U.S. Court of Appeals ruling in the same case, an Indiana federal judge on Aug. 25 found that abbreviated new drug applications (ANDAs) for generic Alimta would indirectly infringe an Eli Lilly and Co. patent (Eli Lilly and Company v. Teva Parenteral Medicines Inc. et al., No. 10-1376, S.D. Ind.; 2015 U.S. Dist. LEXIS 112221).
NEW YORK - A New York federal judge on Aug. 25 found that two disputed functions of a Web-based media-monitoring service did not constitute fair use and, therefore, posed copyright infringement risks to media outlets, granting in part a motion for summary judgment by Fox News Network LLC (Fox News Network LLC v. TVEyes Inc., No. 1:13-cv-05315, S.D. N.Y.; 2015 U.S. Dist. LEXIS 112836).
SAN FRANCISCO - A limited, permanent injunction barring a declaratory judgment trademark plaintiff from using the "Magnolia" trademark in connection with butter, margarine and cheese (BMC) products domestically was vacated Aug. 27 by the Ninth Circuit U.S. Court of Appeals (San Miguel Corporation et al. v. Ramar International, No. 13-55537, 9th Cir.; 2015 U.S. App. LEXIS 15145).
NEW ORLEANS - U.S. Judge Nanette Jolivette Brown of the Eastern District of Louisiana on Aug. 26 denied a request for attorney fees by a counterclaimant who had largely prevailed on its allegations of trademark infringement but lost on appeal with regard to patent infringement (Southern Snow Manufacturing Co. Inc., et al. v. SnoWizard Inc., Nos. 06-9170, 09-3394, 10-791 and 11-1499, E.D. La.; 2015 U.S. Dist. LEXIS 113229).
LAS VEGAS - A defendant's efforts to bifurcate an upcoming trial into separate issues of state law liability and copyright infringement damages were unsuccessful on Aug. 26, when a Nevada federal judge denied the request; in a related holding that day, the judge found that it is "necessary and appropriate" to give jurors an instruction "interpreting the various software license terms" at issue in the dispute (Oracle USA Inc. v. Rimini Street Inc., No. 10-106, D. Nev.).
LOUISVILLE, Ky. - Although a plaintiff failed to meet a court-imposed deadline for amending his copyright infringement allegations, a Kentucky federal judge on Aug. 25 found that "good cause" exists for allowing an amended complaint (Jeff Gray v. Edwin L. Javius, No. 13-905, W.D. Ky.; 2015 U.S. Dist. LEXIS 112066).
PHILADELPHIA - Efforts by the Federal Trade Commission to persuade a Pennsylvania federal judge to reconsider his earlier dismissal of monopolization and unlawful restraint of trade claims in light of the recent Third Circuit U.S. Court of Appeals ruling in King Drug Co. of Florence Inc. v. SmithKline Beecham Corp. (791 F.3d 388 [3rd Cir. 2015]) failed Aug. 25 (Federal Trade Commission v. AbbVie Inc. et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 112135).
INDIANAPOLIS - Efforts by two patent defendants to obtain dismissal of the allegations were denied Aug. 24 by an Indiana federal judge (Eli Lilly and Company, et al. v. Nang Kuang Pharmaceutical Co. Ltd., et al., No. 14-1647, S.D. Ind.; 2015 U.S. Dist. LEXIS 111510).
BOSTON - A plaintiff was denied judgment on the pleadings Aug. 21 by a Massachusetts federal judge, who instead agreed with an insurer that a "broad" intellectual property (IP) exclusion in a general liability insurance policy precludes coverage in an underlying copyright lawsuit (PTC Inc. v. Charter Oak Fire Insurance Company, No. 14-14056, D. Mass.; 2015 U.S. Dist. LEXIS 111398).
NEW YORK - Assertions by a trademark infringement defendant that a New York federal judge improperly found a likelihood of confusion merit "little discussion," the Second Circuit U.S. Court of Appeals ruled Aug. 24 (BPP Wealth Inc., et al. v. Weiser Capital Management LLC, et al., Nos. 14-1848, -1849, 2nd Cir.; 2015 U.S. App. LEXIS 14814).
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in deeming many claims of various patents belonging to appellant Progressive Casualty Insurance Co. invalid over prior art, following a covered business method (CBM) patent review brought pursuant to the Leahy-Smith America Invents Act (AIA), the Federal Circuit U.S. Court of Appeals ruled Aug. 24 (Progressive Casualty Insurance Company v. Liberty Mutual Insurance Company, No. 14-1466, Fed. Cir.).
NEW ORLEANS - A Texas federal judge's decision to deny both a plaintiff and a defendant national rights to the "Test Masters" trademark was not erroneous, the Fifth Circuit U.S. Court of Appeals ruled Aug. 21 (Test Masters Educational Services Inc. v. Robin Singh Educational Services Inc. and Robin Singh, No. 14-20113, 5th Cir.; 2015 U.S. App. LEXIS 14733).
BOSTON - A Puerto Rico federal magistrate judge did not err in dismissing allegations of fraud on the U.S. Patent and Trademark Office (PTO) and copyright infringement levied in connection with the "Pechu Sandwich," the First Circuit U.S. Court of Appeals ruled Aug. 21 (Norberto Colon Lorenzana v. South American Restaurant Corporation, No. 14-1698, 1st Cir.; 2015 U.S. App. LEXIS 14722).
SAN FRANCISCO - A California federal judge on Aug. 17 dismissed an insurer's declaratory judgment lawsuit disputing coverage for underlying counterclaims against its enterprise software services provider insured, finding that venue is not proper (Charter Oak Fire Insurance Co., et al. v. Rimini Street Inc., et al., No. 15-02378, N.D. Calif.; 2015 U.S. Dist. LEXIS 109075).
WICHITA, Kan. - A copyright dispute over unauthorized sharing of an e-newsletter should proceed in Texas federal court, U.S. Judge Monti L. Belot of the District of Kansas ruled Aug. 20 (Energy Intelligence Group Inc. et al. v. Frontier El Dorado Refining LLC, No. 15-1152, D. Kan.; 2015 U.S. Dist. LEXIS 110192).
ATLANTA - A dispute over the "SCAR" and "SCAR-Stock" trademarks, as they are used in the firearms industry, was resolved Aug. 20 by a Georgia federal judge in favor of a Belgium-based weapons manufacturer (FN Herstal S.A. v. Clyde Armory Inc., No. 12-102, M.D. Ga.; 2015 U.S. Dist. LEXIS 109993).
MADISON, Wis. - Efforts by the Wisconsin Alumni Research Foundation (WARF) to depose in-house counsel for Apple Inc. and to force Apple's production of certain privileged documents in a patent case were partly granted by a Wisconsin federal judge on Aug. 20 (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.; 2015 U.S. Dist. LEXIS 110059).
PORTLAND, Ore. - An Oregon federal judge's findings that two method patents are invalid under Section 101 of the Patent Act is preclusive in a related action, he ruled Aug. 19 (Tranxition Inc. v. Novell Inc., No. 12-1404, D. Ore.; 2015 U.S. Dist. LEXIS 109273).
WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed "nonhuman paw print" mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports S.L.U., No. 14-1789, Fed. Cir.).
CINCINNATI - Applying a "hybrid approach" to the question of conceptual separability, the Sixth Circuit U.S. Court of Appeals on Aug. 19 reversed a Tennessee federal judge's grant of summary judgment on behalf of a copyright infringement defendant (Varsity Brands Inc., et al. v. Star Athletica LLC, No. 14-5237, 6th Cir.; 2015 U.S. App. LEXIS 14522).
WASHINGTON, D.C. - Following a ruling that the U.S. Department of Homeland Security (DHS) improperly obtained evidence from a Korean businessman's laptop without a search warrant, a District of Columbia federal judge on Aug. 18 granted the government's motion to dismiss its indictment against him (United States of America v. Jae Shik Kim, et al., No. 1:13-cr-00100, D. D.C.).