LOS ANGELES - A federal judge in California on July 11 partially granted a defense motion for a directed verdict, reducing by $800,000 a jury award against a retailer that sold a copyrighted hookah without the maker's permission because two of the flavors it sold were not counterfeited Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).
LOS ANGELES - A California federal judge on July 11 awarded a movie production company that asserted causes of action for copyright infringement and violation of California's unfair competition law (UCL) $1,885,969.96 in damages and entered a permanent injunction ordering another entity and its owner from ever using the company's movie trademark again (Fuzzy Logic Productions Inc. v. Trapflix LLC, et al., No. 15-6203, C.D. Calif.; 2016 U.S. Dist. LEXIS 90290).
CHICAGO - A man who was once the defendant in an online file-sharing copyright suit filed a citation of additional authority in the Seventh Circuit U.S. Court of Appeals July 11, asserting that admissions in a Minnesota Supreme Court attorney disciplinary proceeding supported a trial court's award for discovery sanctions against that same attorney in the current case (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).
ALEXANDRIA, Va. - Assertions by Samsung Electronics Co. Ltd. that a data stream error detection patent is invalid pursuant to 35 U.S. Code Sections 102(a), 102(b) and 103(a) have merit, in part, the Patent Trial and Appeal Board concluded July 8 (Samsung Electronics Co. Ltd. v. Koninklijke KPN N.V., No. IPR2016-00392, PTAB).
AUGUSTA, Ga. - Allegations of trademark infringement stemming from a defendant's enlistment of third-party affiliates to drive Internet traffic away from a plaintiff will proceed, an Oklahoma federal judge ruled July 12 (Premium Nutraceuticals LLC v. Leading Edge Marketing Inc., et al., No. 15-141, S.D. Ga.; 2016 U.S. Dist. LEXIS 90319).
MADISON, Wis. - In a copyright infringement lawsuit, an expert may testify that a software company did not suffer any damages at all, a Wisconsin federal judge ruled July 8 (Epic Systems Corp. v. Attachmate Corp., No. 15-179, W.D. Wis.; 2016 U.S. Dist. LEXIS 88572).
NEW YORK - Allegations by the maker of the anti-malware program "SpyHunter" that a computer support website violated the Lanham Act by making false and defamatory statements online survived a motion to dismiss July 8, when a New York federal judge ruled that the case should proceed in part (Enigma Software Group USA LLC v. Bleeping Computer LLC, No. 16-57, S.D. N.Y.; 2016 U.S. Dist. LEXIS 89160).
NEW YORK - In a complaint filed July 10 in the U.S. District Court for the Southern District of New York, a group of family members of terror attack victims allege that Facebook Inc. "knowingly provided material support and resources to" Palestinian terrorist organization Hamas through its social network and communications platforms in violation of the Antiterrorism Act (ATA) (Stuart Force, et al. v. Facebook Inc., No. 1:16-cv-05490, S.D. N.Y.).
WASHINGTON, D.C. - To trigger the "on-sale" bar set forth at 35 U.S. Code Section 102(b), a product "must be the subject of a commercial sale or offer for sale," and a commercial sale is "one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code," a unanimous, en banc Federal Circuit U.S. Court of Appeals ruled July 12 (The Medicines Company v. Hospira Inc., et al., Nos. 14-1469, -1504, Fed. Cir.; 2016 U.S. App. LEXIS 12667).
ALEXANDRIA, Va. - A May 2016 final decision by the Patent Trial and Appeal Board that upheld a patent examiner's rejection of a patented method for improving vein accessibility during venipuncture will stand, despite reconsideration on July 11 by the board (Ex parte Hermsmeyer, No. 2013-010635, PTAB).
ASHEVILLE, N.C. - A jury's award of $852,000 in damages upon finding that a transformer patent was willfully infringed will stand, a North Carolina federal judge ruled July 8 (Sociedad Espanola de Electromedicina Y Calidad S.A. v. Blue Ridge X-Ray Company Inc., et al., No. 10-159, W.D. N.C.; 2016 U.S. Dist. LEXIS 88739).
SAN FRANCISCO - Failed efforts by a nationwide provider of health care services for patients with AIDS to solicit generic drug manufacturers to develop products containing tenofir alafenamide fumarate (TAF) do not represent a sufficiently real and immediate dispute to confer standing in a declaratory judgment action with the TAF brand name manufacturer, a California federal judge concluded July 6 (AIDS Healthcare Foundation Inc. v. Gilead Sciences Inc., et al., No. 16-443, N.D. Calif.; 2016 U.S. Dist. LEXIS 87578).
LOS ANGELES - In a putative class action filed July 7 in California federal court, a minor user of Snapchat Inc.'s photo messaging application alleges that editorial content on Snapchat's app exposes minors to sexually offensive content in violation of the Communications Decency Act (CDA) and California's unfair competition law (UCL) (John Doe v. Snapchat Inc., et al., No. 2:16-cv-04955, C.D. Calif.).
BIRMINGHAM, Ala. - A dispute over mineral and land rights was dismissed July 6 by an Alabama federal judge who found that a plaintiff failed to state a claim with regard to allegations that various defendants violated the Lanham Act (Black Diamond Land Management LLC v. Twin Pines Coal Company Inc. et al., No. 14-2333, N.D. Ala.; 2016 U.S. Dist. LEXIS 87022).
WASHINGTON, D.C. - A Florida federal judge properly awarded Amgen Inc. a preliminary injunction barring Apotex Inc. from entering the market for 180 days after receiving a requested license from the U.S. Food and Drug Administration for a biosimilar product, the Federal Circuit U.S. Court of Appeals ruled July 5 (Amgen Inc. v. Apotex Inc., No. 16-1308, Fed. Cir.; 2016 U.S. App. LEXIS 12353).
LANSING, Mich. - Responding to a question certified by the Ninth Circuit U.S. Court of Appeals, the Michigan Supreme Court on July 6 unanimously concluded that a user of Pandora Media Inc.'s online streaming service did not constitute a "customer" because he did not "rent" or "borrow" the service under the state's Video Rental Privacy Act (VRPA) (In Re Certified Question from the U.S. Court of Appeals for the Ninth Circuit, Peter Deacon v. Pandora Media Inc., No. 151104, Mich. Sup.; 2016 Mich. LEXIS 1385).
SAN FRANCISCO - On the second appeal concerning a man charged with violating the Computer Fraud and Abuse Act (CFAA) and the Economic Espionage Act (EEA) in stealing his former employer's trade secrets, a divided Ninth Circuit U.S. Court of Appeals panel majority on July 5 affirmed the jury verdict and sentence against the defendant under both acts, finding that he accessed the firm's computer system "without authorization" (United States of America v. David Nosal, No. 14-10037 and 14-10275, 9th Cir.; 2016 U.S. App. LEXIS 12382).
CHICAGO - An Indiana federal judge properly rejected a photographer's copyright claims because although several defendants committed infringement, they promptly removed the infringing photograph from their website and their use caused no damages, the Seventh Circuit U.S. Court of Appeals ruled July 1 (Richard Bell v. Cameron Taylor et al., Nos. 15-2343, -3735 and 15-3731, 7th Cir.; 2016 U.S. App. LEXIS 12175).
CHICAGO - An Illinois federal judge did not err in dismissing Lanham Act claims levied by the holder of the world record holder for "hacky sack," the Seventh Circuit U.S. Court of Appeals affirmed June 30 (Johannes T. Martin v. Living Essentials LLC, No. 16-1370, 7th Cir.; 2016 U.S. App. LEXIS 12057).
TRENTON, N.J. - While recognizing that "the question of who a customer 'belongs to' may not be immediately clear," a New Jersey federal judge on June 30 nonetheless denied a copyright infringement plaintiff's request for a preliminary injunction in its dispute with a competitor in the professional insurance market (Jorgensen & Company v. Gary Sutherland, et al., No. 15-7373, D. N.J.; 2016 U.S. Dist. LEXIS 85498).
HACKENSACK, N.J. - A New Jersey judge on June 28 dismissed class action claims against Dunkin' Brands Inc. alleging that it improperly assessed sales tax on certain items sold at local Dunkin' Donuts franchises (Ron Frate, et al. v. Dunkin' Brands Inc., et al., No. BER-L-1271-16, N.J. Super., Bergen Co.; 2016 N.J. Super. Unpub. LEXIS 1499).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 29 directed the Supreme Court of Florida to address the question of whether the state "recognizes common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or the exclusive right of public performance" (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 15-13100, 11th Cir.; 2016 U.S. App. LEXIS 11860).
SAN JOSE, Calif. - In a June 30 verdict, a California jury awarded Hewlett-Packard Co. (HP) $3 billion, finding that Oracle Corp. violated its long-running agreement and partnership with HP by ceasing to offer software that was compatible with HP's primary line of microprocessors (Hewlett-Packard Co. v. Oracle Corp., No. 1-11-cv-203163, Calif. Super., Santa Clara Co.).
MARSHALL, Texas - Citing a plaintiff's stated intent to seek only monetary damages in connection with its patent infringement lawsuit, a Texas federal magistrate judge on June 28 found that a stay of the case pending resolution of an inter partes review (IPR) by the Patent Trial and Appeal Board (the board) would not result in undue prejudice (SSL Services LLC v. Cisco Systems Inc., No. 15-433 E.D. Texas; 2016 U.S. Dist. LEXIS 83370.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 affirmed the cancellation of a federal trademark for pizza restaurants on the grounds that a family member fraudulently obtained federal registration for the mark long used by his family's chain of pizzerias (MPC Franchise LLC, et al. v. Brent Tarntino, No. 15-717-cv, 2nd Cir.; 2016 U.S. App. LEXIS 11698).