CINCINNATI - Although an Ohio federal judge properly deemed two counterclaim defendants liable for breach of contract, the same defendants were erroneously deemed liable for misappropriation of trade secrets and violations of the Lanham Act, the Sixth Circuit U.S. Court of Appeals ruled Aug. 5 in a dispute involving cloned products (Kehoe Component Sales Inc. et al. v. Best Lighting Products Inc., No. 14-3347, 6th Cir.; 2015 U.S. App. LEXIS 13638).
WILMINGTON, Del. - Gevo Inc. won a summary judgment of patent invalidity on Aug. 3 by a Delaware federal judge, as well as a partial summary judgment of noninfringement in a dispute over methods of engineering yeast (Butamax Advanced Biofuels LLC v. Gevo Inc., Nos. 12-1036, -1200, -1300, D. Del.; 2015 U.S. Dist. LEXIS 100899).
ATLANTA - A Florida federal magistrate judge's decision to deny a pro se copyright infringement plaintiff's motion for default judgment was affirmed by the 11th Circuit U.S. Court of Appeals on Aug. 4 (Angela Singleton v. Gayle Eutsey Dean, No. 15-10517, 11th Cir.; 2015 U.S. App. LEXIS 13558).
WASHINGTON, D.C. - Although agreeing that a defendant infringed two valid patents, the Federal Circuit U.S. Court of Appeals on Aug. 4 rejected a Pennsylvania federal judge's determination that an award of $1.54 billion in enhanced damages was warranted on the basis of willfulness (Carnegie Mellon University v. Marvell Semiconductor Inc., No. 14-1492, Fed. Cir.).
CHICAGO - An Illinois appeals panel on Aug. 3 held that a class action claimant has failed to show that a list of potential customers for cosmetic surgery services contained personally identifiable financial, credit or medical information, affirming a lower court's finding that a professional liability insurer has no duty to defend or indemnify its insured against the class action (Doctors Direct Insurance Inc. v. David Bochenek, et al., No. 1-14-2919, Ill. App., 1st Dist., 1st Div.; 2015 Ill. App. LEXIS 579).
WASHINGTON, D.C. - Although a New York federal judge, acting on remand, erroneously granted a summary judgment of design patent invalidity, she properly granted the same defendant a summary judgment of noninfringement, the Federal Circuit U.S. Court of Appeals ruled July 30 (High Point Design LLC et al. v. Buyer's Direct Inc., No. 14-1464, Fed. Cir.).
ATLANTA - Finding no error in a Florida federal judge's decision to uphold a jury's award in favor of a copyright infringement plaintiff, the 11th Circuit U.S. Court of Appeals on July 30 affirmed in a dispute over photographs designed for use in phone books (Yellow Pages Photos Inc. v. Ziplocal LP, et al., Nos. 14-13355, 14-13401, 11th Cir.; 2015 U.S. App. LEXIS 13297).
WASHINGTON, D.C. - A North Carolina federal judge's erroneous construction of two disputed claim terms as they appear in a high-voltage transformer patent was revised by the Federal Circuit U.S. Court of Appeals on July 31 (Sociedad Espanola de Electromedicinia y Calidad S.A. v. Blue Ridge X-Ray Co., et al., No. 15-1102, Fed. Cir.).
WASHINGTON, D.C. - A Florida federal judge's decision to grant Qualcomm Inc. judgment as a matter of law (JMOL) that it did not infringe four patents was affirmed by the Federal Circuit U.S. Court of Appeals on July 31 (ParkerVision Inc. v. Qualcomm Inc., Nos. 14-1612, -1655, Fed. Cir.).
DENVER - The 10th Circuit U.S. Court of Appeals on July 31 agreed with a Colorado federal judge that a defendant's online statements about a competitor amounted to false advertising under Section 1125(a) of the Lanham Act (General Steel Domestic Sales LLC d/b/a General Steel Corp. v. Ethan Daniel Chumley and Atlantic Building Systems LLC d/b/a Armstrong Steel Corp., Nos. 14-1119 and 14-1121, 10th Cir.; 2015 U.S. App. LEXIS 13356).
WASHINGTON, D.C. - A Delaware federal judge's decision to deny Newegg Inc. the attorney fees it incurred in defending patent infringement allegations was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 31 (Pragmatus Telecom LLC v. Newegg Inc., No. 14-1777, Fed. Cir.).
SAN FRANCISCO - Allegations that the Internet Corporation for Assigned Names and Numbers (ICANN) violates the Sherman Act by monopolizing the market for top-level domains (TLDs) like ".com" and ".net" were properly dismissed, the Ninth Circuit U.S. Court of Appeals ruled July 31 (name.space Inc. v. Internet Corporation for Assigned Names and Numbers, No. 13-55553, 9th Cir.; 2015 U.S. App. LEXIS 13360).
NEW YORK - A New York federal judge on July 29 granted a motion by Google Inc. to transfer its motion to compel discovery responses from three movie studios to a Mississippi federal court, which is the venue for Google's underlying lawsuit against that state's attorney general, Jim Hood (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).
NEW YORK - A July 2014 dismissal of a declaratory judgment patent case in light of a finding that arbitration is compelled by the terms of a patent license agreement (PLA) will not be stayed pending appeal to the Second Circuit U.S. Court of Appeals, a New York federal judge ruled July 29 (LG Electronics Inc. et al. v. Wi-LAN USA Inc. et al., No. 13-2237, S.D. N.Y.; 2015 U.S. Dist. LEXIS 98873).
SAN FRANCISCO - A California federal judge erred in holding that a licensing agent for photographers lacks statutory standing under the Copyright Act to sue textbook publisher John Wiley & Sons Inc. for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled July 29 (Minden Pictures Inc. v. John Wiley & Sons Inc., No. 14-15267, 9th Cir.; 2015 U.S. App. LEXIS 13197).
WASHINGTON, D.C. - A Texas federal judge's order denying motions by various defendants to stay patent infringement litigation pending the outcome of a covered business method (CBM) review was partly affirmed July 30 by the Federal Circuit U.S. Court of Appeals (Smartflash LLC et al. v. Apple Inc., No. 15-1701; Smartflash LLC et al. v. Samsung Electronics Co. Ltd. et al., No. 15-1707, Fed. Cir.).
LAS VEGAS - Efforts by a Nevada patent infringement defendant to obtain dismissal or, in the alternative, transfer of the case to the U.S. District Court for the Northern District of Ohio were unsuccessful on July 28 (Computerized Screening Inc. v. Healthspot Inc., No. 14-573, D. Nev.; 2015 U.S. Dist. LEXIS 98331).
PHILADELPHIA - A false advertising dispute between two processed meat product makers will proceed in Pennsylvania federal court, but without injunctive relief in place, a federal judge ruled July 28 (Parks LLC v. Tyson Foods Inc. et al., No. 15-946, E.D. Pa.; 2015 U.S. Dist. LEXIS 98008).
WASHINGTON, D.C. - A California federal judge did not err in finding that a cease-and-desist letter that demands an end to purported patent infringement is insufficient to confer general personal jurisdiction over the sender, the Federal Circuit U.S. Court of Appeals ruled July 28 (Petzilla Inc. v. Anser Innovation LLC, No. 15-1104, Fed. Cir.).
DALLAS - A plaintiff seeking a declaration of invalidity and noninfringement of various copyrights, trademarks and trade dress rights asserted in connection with "replica bullets" prevailed July 27 in Texas federal court (Provident Precious Metals LLC v. Northwest Territorial Mint LLC, No. 13-2942, N.D. Texas.; 2015 U.S. Dist. LEXIS 97338).
LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second Circuit U.S. Court of Appeals ruling on the topic (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 2:12-cv-06921, and NBCUniversal Media LLC, et al. v. FilmOn X LLC, et al., No. 2:12-cv-06950, C.D. Calif.).
WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant judgment as a matter of law that various claims of three patents are invalid as obvious was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 28 (Circuit Check Inc. v. QXQ Inc., No. 15-1155, Fed. Cir.).
TRENTON, N.J. - A declaratory judgment counterclaim seeking a declaration of copyright co-ownership was rejected July 27 by a New Jersey federal judge, who instead granted plaintiff TD Bank N.A. summary judgment on its allegation of copyright infringement by a former CEO (TD Bank N.A. v. Vernon W. Hill II, No. 12-7188, D. N.J.; 2015 U.S. Dist. LEXIS 97409).
PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.).
NEW YORK - A New York federal judge's decision to dismiss copyright infringement allegations surrounding a software license agreement (SLA) and master services agreement (MSA) was affirmed July 27 by the Second Circuit U.S. Court of Appeals, albeit on different grounds (The AStar Group Inc. v. Manitoba Hydro, et al., No. 14-2882, 2nd Cir.; 2015 U.S. App. LEXIS 12920).