SAN FRANCISCO - A California federal judge erred by not addressing the essentiality of a plaintiff's decision to use the color green on its ear plugs, the Ninth Circuit U.S. Court of Appeals ruled March 6 (Moldex-Metric Inc. v. McKeon Products Inc., No. 13-55446, 9th Cir.; 2015 U.S. App. LEXIS 3584).
CHICAGO - Wendy's International Inc. will face allegations that it infringed a patented method for accessing electronic data, an Illinois federal judge ruled March 5 (Marshall Feature Recognition LLC v. Wendy's International Inc., No. 14-865, N.D. Ill.; 2015 U.S. Dist. LEXIS 26386).
ALBANY, N.Y. - A June 2014 preliminary injunction barring a defendant from ordering, purchasing, marketing or selling sports protective eyewear under the "Rec Specs" trademark will remain in place, a New York federal judge ruled March 5 (Halo Optical Products Inc. v. Liberty Sports Inc., No. 14-282, N.D. N.Y.; 2015 U.S. Dist. LEXIS 26714).
NEW YORK - Acting on remand from the Second Circuit U.S. Court of Appeals, a New York federal judge on March 5 stood by his earlier findings that Oprah Winfrey did not violate the Lanham Act when using the slogan "Own Your Power" (Simone Kelly-Brown, et al. v. Oprah Winfrey, et al., No. 11-7875, S.D. N.Y.; 2015 U.S. Dist. LEXIS 27124).
SANTA ANA, Calif. - Noting a moving defendant's failure to show significant prejudice from a plaintiff's failure to comply with certain portions of its discovery requests, and in light of a subsequent submission of comparable evidence, a California federal magistrate on March 3 granted in part the defendant's motion for sanctions, awarding only a small portion of the award sought (Oculu LLC v. Oculus VR Inc., No. 8:14-cv-00196, C.D. Calif.).
CHICAGO - A Nevada doctor need not defend against patent infringement allegations in Illinois federal court, thanks to a March 3 ruling by U.S. Judge Edmond E. Chang of the Northern District of Illinois (Addiction and Detoxification Institute LLC v. Thomas C. Yee, No. 14-5648, N.D. Ill.; 2015 U.S. Dist. LEXIS 25716).
FORT LAUDERDALE, Fla. - A Florida federal magistrate judge on March 4 ordered a copyright and trademark infringement plaintiff to hand over evidence relating to its finances from 2010 to the present (Exist Inc. v. ESY Inc., No. 14-62429, S.D. Fla.; 2015 U.S. Dist. LEXIS 26248).
JACKSON, Miss. - Pending briefing and discovery, a Mississippi federal judge on March 2 granted a motion by Google Inc. to preliminarily enjoin a subpoena Mississippi Attorney General (AG) Jim Hood served on the Internet giant in conjunction with his efforts to curb online piracy and the sale of counterfeit prescription drugs (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).
ROCHESTER, N.Y. - Allegations of legal malpractice levied against a law firm in connection with its alleged failure to provide timely notice of alleged patent infringement will proceed, thanks to a March 4 denial of summary judgment by a New York federal judge (Oak Forest Products Inc., et al. v. Hiscock & Barclay LLP, No. 12-6453, W.D. N.Y.).
TRENTON, N.J. - Two claims of a patented formulation for the treatment of osteoporosis were deemed invalid as obvious on March 4 by a New Jersey federal judge (Warner Chilcott Co. et al. v. Teva Pharmaceuticals Inc., No. 11-6936, D. N.J.; 2015 U.S. Dist. LEXIS 26207).
SAN FRANCISCO - In a March 2 corrected ruling, a California federal magistrate judge applied a legal standard championed by Twitter Inc. and an amicus curiae and reversed an earlier order in which she had granted a defamation plaintiff's motion to compel discovery of two anonymous Twitter users, concluding upon reconsideration that their postings were protected under the First Amendment to the U.S. Constitution (Music Group Macao Commercial Offshore Ltd., et al. v. John Does I-IX, No. 3:14-mc-80328, N.D. Calif.).
NEW YORK - In a March 2 judgment, a New York federal judge sentenced a confessed hacker to 24 months' imprisonment for his illegal access to at least 400 victims' computers via remote access tool (RAT) malicious software (malware) (United States of America v. Kyle Fedorek, No. 1:14-cr-00548, S.D. N.Y.).
DENVER - A dispute over trademarked bovine serums will proceed with a temporary restraining order in place, thanks to a March 3 ruling by a Colorado federal judge (Atlas Biologicals Inc. v. Thomas Kutrubes, No. 15-355, D. Colo.; 2015 U.S. Dist. LEXIS 25502).
SAN FRANCISCO - A dispute over jewelry designs was remanded to a California federal court on March 3 by the Ninth Circuit U.S. Court of Appeals, which found that the judge in the case abused his discretion in awarding a preliminary injunction (Philippe Charriol International Ltd. v. A'lor International Ltd., Nos. 13-56854, 14-55769, 9th Cir.; 2015 U.S. App. LEXIS 3355).
FORT LAUDERDALE, Fla. - A copyright infringement defendant on March 2 won dismissal of the allegations when a Florida federal judge found that exercising jurisdiction would violate due process (Exist Inc. v. Woodland Trading Inc., No. 14-61354, S.D. Fla.; 2015 U.S. Dist. LEXIS 24872).
WASHINGTON, D.C. - A Virginia federal judge properly granted the U.S. Patent and Trademark Office summary judgment on allegations that it improperly calculated the Patent Term Adjustment (PTA) period for a patent covering the compound cobicistat, the Federal Circuit U.S. Court of Appeals ruled Feb. 26 (Gilead Sciences Inc. v. Michelle K. Lee, Deputy Director U.S. Patent and Trademark Office, No. 14-1159, Fed. Cir.).
SAN FRANCISCO - A consolidated consumer class failed to establish injury-in-fact to support its antitrust claims against Netflix Inc. and Wal-Mart Stores Inc., a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 27, upholding a district court's judgment in the retailers' favor (In Re Online DVD-Rental Antitrust Litigation, No. 11-18034, 12-16160 and 12-16183, 9th Cir.; 2015 U.S. App. LEXIS 3095).
WASHINGTON, D.C. - The U.S. Supreme Court on March 3 held that a retailers trade association lawsuit challenging the constitutionality of a Colorado tax law, which requires retailers to notify customers of uncollected sales tax on mail order and Internet purchases, is not barred by the Tax Injunction Act of 1937 (TIA) because the lawsuit does not "'restrain' the 'assessment, levy or collection' of Colorado's sales and use taxes" (Direct Marketing Association v. Barbara Brohl, No. 13-1032, U.S. Sup.; 2015 U.S. LEXIS 1738).
MUSKOGEE, Okla. - Reed Elsevier Inc. won dismissal March 2 of allegations that it violated the Lanham Act by partnering with online marketing companies to generate leads for law firms (Anthony L. Allen, et al. v. Reed Elsevier Inc., et al., No. 14-213, E.D. Okla.; 2015 U.S. Dist. LEXIS 24667).
WASHINGTON, D.C. - A California federal judge's decision to sustain a jury verdict of patent infringement was upheld March 2 by the Federal Circuit U.S. Court of Appeals, but a related award of damages for past infringement and an ongoing royalty rate was remanded for a new trial (Warsaw Orthopedic Inc. et al. v. NuVasive Inc., Nos. 13-1576, -1577, Fed. Cir.).
WASHINGTON, D.C. - A decision by the Trademark Trial and Appeal Board (TTAB) to cancel a service mark for "Playdom" was upheld March 2 by the Federal Circuit U.S. Court of Appeals, on grounds of nonuse (David Couture v. Playdom Inc., No. 14-1480, Fed. Cir.).
DETROIT - A defaulting defendant was ordered by a Michigan federal judge on Feb. 27 to refrain from any use of the "Metro Cars" trademark in connection with his chauffeur and other transportation services (Great Lakes Transportation Holding LLC v. Mumtaz Chaudhry, No. 14-13594, E.D. Mich.; 2015 U.S. Dist. LEXIS 23913).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals affirmed Feb. 26 that a commercial insurer has a duty to indemnify its builder insured against an underlying judgment of $3,031,563 in damages and $1,091,362 in attorney fees arising from an architecture firm's copyright infringement suit (Mid-Continent Casualty Company v. Kipp Flores Architects, LLC, No. 14-50649 c/w No. 14-50673, 5th Cir.; 2015 U.S. App. LEXIS 2888).
SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Feb. 20 upheld a Nevada federal judge's determination that sufficient evidence supported a jury verdict of false endorsement (Fifty-Six Hope Road Music Ltd. et al. v. AVELA Inc. et al., No. 13-15407, 9th Cir.; 2015 U.S. App. LEXIS 2604).
SAN JOSE, Calif. - A putative class action against Google Inc. related to its purported monopolization of the market for Internet search engines on mobile devices was dismissed Feb. 20 by a California federal judge, who found the plaintiffs' claimed injuries to be conclusory, speculative and not properly tied to the accused behavior (Gary Feitelson, et al. v. Google Inc., No. 5:14-cv-02007, N.D. Calif.; 2015 U.S. Dist. LEXIS 20778).