WASHINGTON, D.C. - A Texas federal judge properly construed the disputed term "communications path" as it appears in three patents directed to improved access to a local area network (LAN), a divided panel of the Federal Circuit U.S. Court of Appeals ruled May 31 (Ruckus Wireless Inc. et al. v. Innovative Wireless Solutions LLC, Nos. 15-1425, -1438, Fed. Cir.; 2016 U.S. App. LEXIS 9786).
WASHINGTON, D.C. - In what he deemed a "fierce and protracted" legal battle, a District of Columbia federal judge on May 27 concluded that two plaintiffs are entitled to a declaration that there is no likelihood of confusion between their "La Indita Michoacana" trademark and various other marks asserted by a defendant on the basis of their common usage of the word "Michoacana" (Paleteria La Michoacana Inc. et al. v. Productos Lacteos Tocumbo S.A. De C.V., No. 11-1623, D. D.C.; 2016 U.S. Dist. LEXIS 69621).
WASHINGTON, D.C. - A decision by a Delaware federal judge - later upheld by the Federal Circuit U.S. Court of Appeals - which invalidated four of five patents covering the antibiotic Cubicin will stand, thanks to a denial of certiorari on May 31 by the U.S. Supreme Court (Cubist Pharmaceuticals, Inc. v. Hospira, Inc., No. 15-1210, U.S. Sup.).
HARRISBURG, Pa. - Although the Pennsylvania Superior Court on May 24 disagreed with a lower court's ruling that a criminal acts policy exclusion bars coverage for an underlying suit alleging that an insured was negligent in failing to ensure the safety of its tanning customers and in failing to secure the premises from a third party's misconduct, it determined that the underlying claims for negligent operation of a business fail to trigger coverage on their own (Penn-America Insurance Co. v. Toni Tomei, et al., No. 480 WDA 2015, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 1859).
SANTA ANA, Calif. - A California federal judge on May 25 found that a claim for violation of California's unfair competition law (UCL) and copyright infringement asserted by a meditation center business and its owners should be dismissed, finding that the UCL claim was preempted by copyright law and that the plaintiffs failed to allege substantial similarity in relation to the copyrighted works (Divine Dharma Meditation Int'l Inc., et al. v. Institute of Latent Energy Studies, No. 16-226, C.D. Calif.; 2016 U.S. Dist. LEXIS 68890).
TRENTON, N.J. - A patent infringement action involving an abbreviated new drug application (ANDA) covering generic tranexamic acid tablets was dismissed May 26 by a New Jersey federal judge (Ferring B.V. v. Watson Laboratories Inc., et al., No. 15-4222, D. N.J.; 2016 U.S. Dist. LEXIS 69328).
SAN FRANCISCO - Finding no abuse of discretion, the Ninth Circuit U.S. Court of Appeals on May 24 affirmed the terms of a trademark injunction entered by a California federal judge (SunEarth Inc. v. Sun Earth Solar Power Co., et al., No. 13-17622, 9th Cir.; 2016 U.S. App. LEXIS 9682).
SAN FRANCISCO - On the fourth day of deliberations in the second copyright trial over Java-related technology between Oracle America Inc. and Google Inc., a California federal jury on May 26 found that Google's use of Java structure, sequence and organization (SSO) in its Android operating system constituted fair use under the Copyright Act (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).
ALEXANDRIA, Va. - Attacking two Corel Software LLC patents as invalid as obvious in light of various pieces of prior art, Microsoft Corp. on May 23 filed a total of four petitions for inter partes review (IPR) with the Patent Trial and Appeal Board (In re: Umbedacht, Nos. IPR2016-01083, -01084, -01085, -01086, PTAB).
PHILADELPHIA - A Pennsylvania federal judge properly granted defendant Amazon.com Inc. summary judgment on allegations the online merchant unfairly withheld copyright royalties owed to the author of four self-published books, the Third Circuit U.S. Court of Appeals ruled May 23 (Joseph E. Carlin v. Amazon.com Inc., et al., No. 15-2774, 3rd Cir.; 2016 U.S. App. LEXIS 9372).
SAN FRANCISCO - Alleging infringement of 11 standard-essential patents (SEPs), China-based Huawei Technologies Co. Ltd. on May 24 took aim at Samsung Electronics Co. Ltd. in a new California federal complaint (Huawei Technologies Co. Ltd. et al. v. Samsung Electronics Co. Ltd. et al., No. 16-2787, N.D. Calif.).
SAN FRANCISCO - Following two weeks of testimony, jurors assigned to the copyright infringement retrial between plaintiff Oracle America Inc. and defendant Google Inc. began deliberations on May 23, but their efforts were stymied just one day later when they were unable to access an electronic evidence cart containing source code relevant to the dispute (Oracle America Inc. v. Google Inc., No. 10-3561, N.D. Calif.).
ALEXANDRIA, Va. - A final rejection by a patent examiner of 20 claims of an invention relating to an improved way of snapping a user-guided cursor to guide lines in a computer-assisted drawing application was erroneous, the Patent Trial and Appeal Board (PTAB) ruled May 23 (Ex Parte Guarav Jain, No. 2014-008293, PTAB).
NEW ORLEANS - A "most favored licensee" (MFL) clause in a license agreement allowing JP Morgan Chase Bank N.A. (JPMC) to use patented check processing technology was properly interpreted by a Texas federal judge as entitling JPMC to reimbursement after the patent licensor granted a similar unlimited license to another entity for a lesser lump sum, a divided Fifth Circuit U.S. Court of Appeals ruled May 19 (JP Morgan Chase Bank N.A. v. DataTreasury Corporation, No. 15-40905, 5th Cir.; 2016 U.S. App. LEXIS 9203).
BATON ROUGE, La. - A plaintiff's motion to compel certain documents and records compiled during a trademark investigation was granted, in part, by a Louisiana federal magistrate judge on May 19 (Michael Swoboda v. Continental Incorporated Inc., No. 14-19, M.D. La.; 2016 U.S. Dist. LEXIS 65790).
OMAHA, Neb. - Although finding that the act of "friending" and inviting Nebraska residents to like a business page on Facebook appear to be activities purposefully directed at Nebraska, a federal judge on May 20 nonetheless deemed jurisdiction lacking over a patent infringement action (HVLPO2 LLC v. Oxygen Frog LLC, et al., No. 15-176, D. Neb.; 2016 U.S. Dist. LEXIS 66758).
WASHINGTON, D.C. - An August 2015 ruling by the Federal Circuit U.S. Court of Appeals that relied upon the "change of law" exception to invalidate two patents as indefinite will stand, thanks to a May 23 denial of certiorari by the U.S. Supreme Court (Dow Chemical Co. v. Nova Chemicals Corp., No. 15-1160, U.S. Sup.).
DAYTON, Ohio - An assertion of authorship of the copyrighted poem "Footprints" by a plaintiff proceeding in forma pauperis was levied nearly three decades too late, an Ohio federal magistrate judge concluded May 19 (Bruce Anthony Lewis v. Carolyn Carty, et al., No. 16-189, S.D. Ohio.; 2016 U.S. Dist. LEXIS 65492).
MINNEAPOLIS - In what she described as a "vigorously litigated" trademark case, a Minnesota federal judge on May 19 denied an infringement defendant's request for just over $400,000 in attorney fees (Mountain Marketing Group LLC, et al. v. Heimerl & Lammers LLC, No. 14-846, D. Minn.; 2016 U.S. Dist. LEXIS 65607).
TYLER, Texas - In response to a motion by intervenor Electronic Frontier Foundation (EFF), a Texas federal magistrate judge on May 17 ordered certain documents in a patent infringement case over "signal abstracting" anti-piracy technology to be unsealed in light of the presumption of public access to court filings, while permitting the parties to submit redacted copies of the documents in question related to legitimate confidential material (Blue Spike LLC v. Audible Magic Corp., No. 6:15-cv-00584, E.D. Texas; 2016 U.S. Dist. LEXIS 63956).
NEW YORK - A Connecticut federal judge erroneously considered source confusion to be the only relevant type of confusion when assessing the merits of an infringement claim surrounding use of a certification mark, the Second Circuit U.S. Court of Appeals ruled May 18, reversing and remanding a grant of summary judgment (International Information Systems Security Certification Consortium Inc. v. Security University, et al., No. 14-3456, 2nd Cir.; 2016 U.S. App. LEXIS 9045).
NEW YORK - The Second Circuit U.S. Court of Appeals on May 17 affirmed a lower federal court's ruling that an insurer has no duty to indemnify the $34.9 million awarded against its insureds in two underlying lawsuits because the insureds' liability was based upon the sale of counterfeit Fendi products and not upon an "advertising injury" pursuant to the policies (United States Fidelity & Guaranty Co. v. Fendi Adele, et al., Nos. 14-3435 and 14-3474, 2nd Cir.; 2016 U.S. App. LEXIS 8973).
ALBUQUERQUE, N.M. - Two purported journalists must respond to most of the discovery interrogatives and requests served on them in a lawsuit brought against them for allegedly participating in the disclosure of stolen emails, with a New Mexico federal magistrate judge on May 13 finding that the defendants largely failed to support their objections under the First Amendment to the U.S. Constitution and certain asserted privileges afforded to members of the press (Crystal Amaya, et al. v. Sam Bregman, et al., No. 1:14-cv-00599, D. N.M.; 2016 U.S. Dist. LEXIS 63588).
SAN FRANCISCO - In a May 16 reply brief in the Ninth Circuit U.S. Court of Appeals, a group of television networks seek reversal of a lower court ruling that deemed an Internet rebroadcaster of their programs to potentially be a "cable system" that is eligible for compulsory copyright licenses under Section 111 of the Copyright Act (Fox Television Stations Inc., et al. v. Aereokiller LLC, et al., No. 15-56420, 9th Cir.).
WASHINGTON, D.C. - In a May 16 reply brief supporting its petition for certiorari, Google Inc. argues that the U.S. Supreme Court needs to review an underlying grant of class certification in a suit over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).