BROOKLYN, N.Y. - In an Oct. 19 brief submitted in response to a New York federal magistrate's invitation, Apple Inc. says that an order sought by the federal government that would require it to unlock a seized Apple-manufactured device would be unduly burdensome in a number of ways (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.).
NEWARK, N.J. - A couple that owns federal copyrights in a number of songs from before 1972 filed a complaint against satellite radio firm Sirius XM Radio Inc. and online streaming service Pandora Media Inc. in New Jersey federal court on Oct. 19, asserting that the companies have been airing their recordings without paying proper royalties (Arthur Sheridan, et al. v. Sirius XM Radio, Inc., et al., No. 2:15-cv-07576, D. N.J. and Arthur Sheridan, et al. v. iHeartMedia Inc., No. 2:15-cv-07574, D. N.J.).
WASHINGTON, D.C. - Although an Arizona federal judge properly deemed a patent dispute exceptional, she erred in finding that a defendant was bound by an earlier stipulation regarding the amount of attorney fees it owes, the Federal Circuit U.S. Court of Appeals ruled Oct. 21 (Integrated Technology Corporation v. Rudolph Technologies Inc., No. 14-1820, Fed. Cir.; 2015 U.S. App. LEXIS 18255).
SAN FRANCISCO - Reversing course after rehearing a trademark dispute, a divided Ninth Circuit U.S. Court of Appeals concluded Oct. 21 that online shoppers are not likely to be confused by the display results on Amazon.com Inc. (Multi Time Machine Inc. v. Amazon.com Inc., et al., No. 13-55575, 9th Cir.).
OAKLAND, Calif. - A California federal judge on Oct. 19 found nothing to support a decision that Google Inc. and others were knowingly infringing on a trademarked application and game, but granted the owner of the trademark leave to amend his claims for federal trademark contributory infringement, violation of California's unfair competition law (UCL) and other claims (Free Kick Master LLC v. Apple Inc., et al., No. 15-cv-03403, N.D. Calif.; 2015 U.S. Dist. LEXIS 141993).
NEW ORLEANS - Allegations that a Connecticut company's sales of a beverage called "Gurrnaid" infringes upon a Louisiana company's "Grenade" trademark were dismissed Oct. 19 by a Louisiana federal judge (721 Bourbon Inc. v. House of Auth LLC, No. 15-172, E.D. La.; 2015 U.S. Dist. LEXIS 141760).
SAN FRANCISCO - Allegations that Google Inc. willfully infringed various natural language processing patents were dismissed by a California federal judge on Oct. 19 on grounds that the claims are based exclusively on Google's alleged post-filing knowledge of the patents in suit (Word to Info Inc. v. Google Inc., No. 15-3486, N.D. Calif.; 2015 U.S. Dist. LEXIS 141966).
WASHINGTON, D.C. - In its Oct. 19 orders list, the U.S. Supreme Court indicated that it would not review a May ruling by the Federal Circuit U.S. Court of Appeals denying a request for attorney fees to a prevailing patent infringement defendant (Bodum, Inc. v. Meyer Intellectual Properties Ltd. and Meyer Corp. U.S., No. 15-185, U.S. Sup.).
SEATTLE - In an effort to combat what it calls "an unhealthy ecosystem" of people writing fake user reviews for profit, online retail giant Amazon.com Inc. filed a complaint Oct. 16 in Washington state court against 1,114 John Doe defendants it contends have done just that (Amazon.com Inc. v. John Does 1-1114, No. 15-2-25395-6, Wash. Super., King Co.).
WASHINGTON, D.C. - In its second ruling in the case, a divided Federal Circuit U.S. Court of Appeals on Oct. 19 affirmed a holding by the Patent Trial and Appeal Board that a prior art reference was enabling (In re: Steve Morsa, No. 15-1107, Fed. Cir.).
NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).
MADISON, Wis. - After deliberating less than one day, jurors assigned to hear the patent infringement dispute between Wisconsin Alumni Research Foundation (WARF) and Apple Inc. on Oct. 16 ordered the software giant to pay more than $234 million in damages (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-062, W.D. Wis.).
ATLANTA - Citing numerous errors by a Florida federal judge, the 11th Circuit U.S. Court of Appeals on Oct. 15 reversed and remanded for a second time in a longstanding dispute over a disputed coat of arms (Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, The Ecumenical Order, No. 14-14251, 11th Cir.; 2015 U.S. App. LEXIS 17885).
WASHINGTON, D.C. - Competing motions for en banc rehearing of a July 2015 ruling by the Federal Circuit U.S. Court of Appeals in a dispute over the Biologics Price Competition and Innovation Act (BPCIA) were denied by the Federal Circuit on Oct. 16 (Amgen Inc. et al. v. Sandoz Inc. et al., No. 15-1499, Fed. Cir.).
NEW YORK - A New York federal judge's decision to order a declaratory judgment defendant to pay a plaintiff accused of copyright infringement nearly $500,000 in attorney fees was reversed by the Second Circuit U.S. Court of Appeals on Oct. 16 (Effie Film LLC, et al. v. Gregory Murphy, No. 14-3367, 2nd Cir.; 2015 U.S. App. LEXIS 17937).
WASHINGTON, D.C. - The continued viability of the Federal Circuit U.S. Court of Appeals' standard for awarding enhanced damages will be debated by the U.S. Supreme Court, which granted certiorari on Oct. 19 in two cases involving 35 U.S. Code Section 284 (Stryker Corp. et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).
NEW YORK - In a case that it said "tests the boundaries of fair use," a Second Circuit U.S. Court of Appeals panel on Oct. 16 found that Google Inc.'s digital "Library Project" constituted fair use because it is transformative of the included copyrighted works and, therefore, is not infringing (The Authors Guild, et al. v. Google Inc., No. 13-4829, 2nd Cir.).
SAN DIEGO - Citing genuine issues of material fact surrounding the existence of an implied license to use a disputed trademark, a California federal judge on Oct. 13 denied a request by two defendants for summary judgment (Seth Wallack, et al. v. IDEXX Laboratories Inc., et al., No. 11-2996, S.D. Calif.).
GREENSBORO, N.C. - A Chinese corporation must face allegations of patent infringement in North Carolina, based on its establishment of an affiliate "specifically to market and sell products to customers in the United States," a federal judge ruled Oct. 14 (Syngenta Crop Protection LLC v. Willowood Limited, et al., No. 15-274, M.D. N.C.).
WASHINGTON, D.C. - A motion by Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. (Samsung, collectively) to stay enforcement of a final, $548 million judgment in California patent litigation with Apple Inc. was rejected Oct. 13 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics America Inc., No. 15-2088, Fed. Cir.).
SAN FRANCISCO - A man accused of "scraping" and copying the listings from the website of Craigslist Inc. had default judgment entered against him on Oct. 11 by a California federal judge, in light of the defendant's failure to respond to the claims against him by the online classified advertisement site operator (Craigslist Inc. v. 3Taps Inc., et al., No. 3:12-cv-03816, N.D. Calif.).
MARSHALL, Texas - Two messaging services used by Google Inc. in a number of its popular products and services do not infringe a plaintiff's data transmission patent, a Texas federal jury found in an Oct. 12 verdict (SimpleAir Inc. v. Google Inc., et al., No. 2:14-cv-11 and 2:13-cv-937, E.D. Texas).
DENVER - A request by a prevailing copyright infringement defendant for an award of attorney fees was denied Oct. 13 by a Colorado federal magistrate judge (Millennium Inc. v. Sai Denver M Inc., No. 14-1118, D. Colo.).
DAYTON, Ohio - There is no likelihood of confusion between a defendant's use of the "IntelliJet" mark for an aircraft brokerage and leasing service and a plaintiff's use of "Intellijet" for its software program, an Ohio federal judge ruled Oct. 13 (NetJets Inc. v. IntelliJet Group LLC, No. 12-59, S.D. Ohio.; 2015 U.S. Dist. LEXIS 139137).
MEMPHIS, Tenn. - A Lanham Act dispute over cable ties with an oval-head design will proceed in Tennessee federal court, a federal judge ruled Oct. 13 (Thomas & Betts International LLC, et al. v. Burndy LLC, No. 14-2296, W.D. Tenn.).