DETROIT - A Michigan federal judge on Nov. 12 granted an insurer's motion to remand a dispute over commercial general liability and errors and omissions insurance coverage for an underlying counterclaim stemming from an insured's intellectual property investigation (Conifer Insurance Co. v. Continental Inc., et al., No. 15-11650, E.D. Mich., Southern Div.; 2015 U.S. Dist. LEXIS 153488).
ALEXANDRIA, Va. - A Virginia federal judge on Nov. 13 agreed that three copyright infringement defendants are entitled to more than $1.8 million in attorney fees (Humphrey & Partners Architects LP v. Lessard Design Inc., et al., No. 13-433, E.D. Va.).
WASHINGTON, D.C. - A March ruling by the Federal Circuit U.S. Court of Appeals that a patent is not invalid as indefinite will stand, thanks to a denial of certiorari on Nov. 16 by the U.S. Supreme Court (Chunghwa Picture Tubes Ltd., et al. v. Eidos Display, LLC and Eidos III, LLC, et al., No. 15-288, U.S. Sup.).
WASHINGTON, D.C. - Relying heavily on the post-trial factual findings of a Delaware federal judge, the Federal Circuit U.S. Court of Appeals on Nov. 12 upheld findings that four asserted pharmaceutical patents are invalid as anticipated or obvious, while a fifth patent was not invalid and infringed (Cubist Pharmaceuticals Inc. v. Hospira Inc., Nos. 15-1197, -1204, -1259, Fed. Cir.).
WASHINGTON, D.C. - A decision by the International Trade Commission to impose a civil penalty of $6.2 million against two patent defendants was affirmed Nov. 12 by the Federal Circuit U.S. Court of Appeals (DeLorme Publishing Company et al. v. International Trade Commission, No. 14-1572, Fed. Cir.).
WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board of patent invalidity will stand following a rejection Nov. 12 by the Federal Circuit U.S. Court of Appeals, of an appeal of the Board's decision to institute inter partes review (IPR) (Click-to-Call Technologies LP v. Oracle Corp. et al., No. 15-1242, Fed. Cir.; 2015 U.S. App. LEXIS 19673).
WASHINGTON, D.C. - A defendant's "Acculoader" container packing device was properly determined to be noninfringing of a packing system patent, the Federal Circuit U.S. Court of Appeals concluded Nov. 12 (Advanced Steel Recovery LLC v. Jewell Attachments LLC et al., No. 14-1829, Fed. Cir.).
SAN JOSE, Calif. - After previously dismissing claims asserted by former owners of a Russian gaming studio for violation of California's unfair competition law (UCL) and finding that the former owners had no ownership over a mobile game application, a California federal judge on Nov. 10 dismissed all of their claims for copyright infringement asserted against the distributor of the game and others (Evengy Epikhin, et al. v. Game Insight North America, et al., No. 14-CV-04383, N.D. Calif.; 2015 U.S. Dist. LEXIS 152837).
LOS ANGELES - Less than two weeks after filing suit, a California man saw his copyright infringement allegations against pop superstar Taylor Swift and her record label dismissed Nov. 10 by a California federal judge (Jesse Braham v. Sony/ATV Music Publishing et al., No. 15-8422, C.D. Calif.).
WASHINGTON, D.C. - Although a Massachusetts federal judge properly found that five defendants do not infringe a patent covering a process for ensuring quality control of the anticoagulant drug enoxaparin under 35 U.S. Code Section 271(g), he erred with regard to findings that four of the defendants were also entitled to safe harbor under Section 271(e)(1), the Federal Circuit U.S. Court of Appeals ruled Nov. 10 (Momenta Pharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA Inc., et al., Nos. 14-1274, -1277, Fed. Cir.; 2015 U.S. App. LEXIS 19554).
PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).
MARSHALL, Texas -
BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 ) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).
WASHINGTON, D.C. - A New Jersey federal judge properly deemed a patented method of treating diarrhea-predominant irritable bowel syndrome (IBS-D) with the drug Lotronex invalid, the Federal Circuit U.S. Court of Appeals concluded Nov. 10 (Prometheus Laboratories Inc. v. Roxane Laboratories Inc. et al., Nos. 14-1634, -1635 Fed. Cir.; 2015 U.S. App. LEXIS 19556).
WASHINGTON, D.C. - A decision by the International Trade Commission that affirmed findings by an administrative law judge (ALJ) that digital data is an "article" covered by Section 337 of the Tariff Act of 1930 was reversed and remanded Nov. 10 by a divided Federal Circuit U.S. Court of Appeals (ClearCorrect Operating LLC and ClearCorrect Pakistan [Private] Ltd. v. International Trade Commission and Align Technology Inc., No. 14-1527, Fed. Cir.).
HOUSTON - Allegations that a defendant relied upon a plaintiff's seismic lines data to re-create and then sell licenses to essentially the same data in violation of the Copyright Act were rejected Nov. 9 by a Texas federal judge (Geophysical Services Incorporated v. TGS-Nopec Geophysical Services, No. 14-1368, S.D. Texas).
DETROIT - A rapper is free to continue using the stage name "Logic," thanks to a Nov. 9 ruling by a Michigan federal judge (Lee Jason Kibler v. Robert Bryson Hall II, et al., No. 14-10017, E.D. Mich.).
ST. LOUIS - A plaintiff in a copyright infringement lawsuit may testify on the method and means by which an advertising agency removed and changed the metadata from his photographs, a Missouri federal judge ruled Nov. 5 (Stephen Kennedy v. Gish, Sherwood & Friends, Inc., No. 13-2236, E.D. Mo.; 2015 U.S. Dist. LEXIS 150239).
ST. LOUIS - Allegations that an advertising agency copied, without authorization, 169 low-resolution images through screenshots will proceed, albeit without a count for violations of the Digital Millennium Copyright Act (DMCA), thanks to a Nov. 5 ruling by a Missouri federal judge (Stephen Kennedy v. Gish, Sherwood & Friends Inc., No. 13-2236, E.D. Mo.).
WASHINGTON, D.C. - A California federal judge properly dismissed allegations of patent infringement against Apple Inc., MusicMatch Inc. and Sony Network Entertainment International LLC on grounds of collateral estoppel, the Federal Circuit U.S. Court of Appeals ruled Nov. 5 (Ho Keung Tse v. Apple Inc. et al., No. 15-1639, Fed. Cir.).
WASHINGTON, D.C. - A March 2015 decision by the Federal Circuit U.S. Court of Appeals that reversed the dismissal of a declaratory judgment patent action will stand, thanks to the denial by the U.S. Supreme Court on Nov. 9 of two petitions for certiorari emanating from the same generic drug (Daiichi Sankyo, Inc. and Daiichi Sankyo Co., Ltd. v. Apotex, Inc.; Mylan Pharmaceuticals, Inc. v. Apotex, Inc., Nos. 15-281, 15-307, U.S. Sup.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 4 found that a $2.5 million verdict against a distributor insured stemming from its marketing of frozen stromboli did not result from "advertising injury" claims pursuant to an excess insurance policy and a subsequent $660,000 verdict was covered by a distributor insured's primary insurance policy, affirming a lower federal court's ruling that the excess insurer has no duty to indemnify its insured (Charter Oak Insurance Co. v. Maglio Fresh Foods, et al., No. 14-4094, 3rd Cir.; 2015 U.S. App. LEXIS 19268).
LAS VEGAS - A software support services firm that was found liable for copyright infringement and computer access violations in a $41.2 million verdict in October filed its opposition to Oracle USA Inc.'s injunction motion in Nevada federal court on Nov. 2, calling the software giant's arguments "over-reaching" and "anti-competitive" (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.).
SAN FRANCISCO - In a patent infringement lawsuit against Apple Inc., a California federal magistrate judge on Nov. 2 declined a request to exclude design alternatives referenced in an expert's report in support of Apple's assertion of noninfringement by its products (Aylus Networks, Inc. v. Apple Inc., No. 13-04700, N.D. Calif.; 2015 U.S. Dist. LEXIS 148409).
BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).