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.).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 2 heard oral arguments in a dispute over what constitutes sufficient injury to support a claim under the Fair Credit Reporting Act (FCRA), pertaining to a class complaint over a data aggregator's purportedly inaccurate online publication of a plaintiff's personal information (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).
NEW YORK - Two downloads by a single user of a free copy of a copyrighted book are insufficient to sustain an action for copyright infringement against BarnesandNoble.com LLC, a New York federal judge ruled Nov. 2 (Cheryl Smith v. BarnesandNoble.com LLC, No. 12-4374, S.D. N.Y.).
NEW YORK - A New York federal judge properly found that the creator of an unauthorized fair use that exhibits sufficient originality may still claim independent copyright protection for those original contributions, the Second Circuit U.S. Court of Appeals ruled Oct. 30 (Jaime Keeling v. Eve Hars, et al., No. 13-694, 2nd Cir.).
CHICAGO - Two attorneys, who represented an adult entertainment firm in a 2011 lawsuit over purported online copyright infringement, argued in an Oct. 29 appellant brief to the Seventh Circuit U.S. Court of Appeals that a lower court's assessment of discovery sanctions and contempt against them were improper and out of proportion with the harm supposedly caused by their purported misconduct (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board (PTAB) that deemed a patent invalid as obvious will stand, thanks to a denial by the U.S. Supreme Court on Nov. 2 of a petition for certiorari by the patent assignee (Luv N'Care Ltd. v. Munchkin Inc., No. 15-242, U.S. Sup.).
TAMPA, Fla. - A plaintiff met its burden of demonstrating that a defendant's continued use of "Meth Lab Cleanup" could be in contempt of an earlier summary judgment ruling, a Florida federal judge ruled Oct. 28 (Meth Lab Cleanup LLC v. Spaulding Decon LLC et al., No. 14-3129, M.D. Fla.; 2015 U.S. Dist. LEXIS 146156).
WASHINGTON, D.C. - Allegations by two patent attorneys that a Texas federal judge damaged their reputation will not be decided by the Federal Circuit U.S. Court of Appeals, which instead on Oct. 30 turned away their appeal on jurisdiction grounds (Tesco Corporation v. National Oilwell Varco L.P. et al., No. 15-1041, Fed. Cir.).
FORT WAYNE, Ind. - A plaintiff's intent-to-use application for the "Stratotone" trademark following a period of non-use by a defendant's predecessor gave the applicant priority to use the mark, an Indiana federal judge concluded Oct. 28 (Darryl D. Agler v. Westheimer Corporation, No. 14-99, N.D. Ind.; 2015 U.S. Dist. LEXIS 145855).
WASHINGTON, D.C. - Although agreeing with a Florida federal judge that an asserted wireless communication protocol patent is noninfringed, the Federal Circuit U.S. Court of Appeals on Oct. 29 reversed findings that the patent is not invalid as anticipated or obvious (Atlas IP LLC v. Medtronic Inc., No. 15-1071, Fed. Cir.).
DENVER - One day after jurors rejected allegations of infringement by the owner of a pill-dispensing patent, a Colorado federal judge on Oct. 23 entered a final judgment in the case (Knapp Logistics & Automation Inc. v. R/X Automation Solutions Inc., No. 14-319, D. Colo.).
MEMPHIS, Tenn. - After deliberating two days, jurors empaneled before U.S. Judge Jon Phipps McCalla of the Western District of Tennessee on Oct. 27 issued a 32-page verdict, awarding a plaintiff more than $1.2 million in connection with a defendant's willful infringement of three patents (WCM Industries Inc. v. IPS Corporation, No. 13-2019, W.D. Tenn.).
SAN DIEGO - A California federal judge on Oct. 26 deemed deficient allegations that MillerCoors LLC falsely advertised its Belgian-style wheat beer "Blue Moon" as a craft beer but granted a plaintiff leave to amend (Evan Parent v. MillerCoors LLC, No. 15-1204, S.D. Calif.).
OKLAHOMA CITY - A defendant's request for summary judgment on allegations of copyright infringement and trade secret misappropriation was denied Oct. 27 by an Oklahoma federal judge, who cited the existence of disputed issues of material fact (Core Laboratories LP v. Spectrum Tracer Services LLC et al., No. 11-1157, W.D. Okla.; 2015 U.S. Dist. LEXIS 145382).
SAN JOSE, Calif. - In a putative class action complaint filed in California federal court on Oct. 23, a Florida couple says that the default setting of the "Wi-Fi Assist" application (app) that was included in the most recent iPhone operating system update caused them to be charged for unknowingly going over their phone plans' allotted cellular data allowance (William Scott Phillips, et al. v. Apple Inc., No. 5:15-cv-04879, N.D. Calif.).
SAN JOSE, Calif. - A California federal judge on Oct. 23 dismissed a consolidated, putative class action against Facebook Inc., in which the plaintiffs sought in excess of $15 billion for the social network's purported tracking of their online activities (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.; 2015 U.S. Dist. LEXIS 145142).
MIAMI - Two trademark and patent infringement plaintiffs on Oct. 26 won dismissal by a Florida federal judge of counterclaims that sought, among other things, cancellation of four trademarks and a declaration that they had engaged in false patent marking (Edge Systems LLC, et al. v. Rafael Newton Aguila, No. 14-24517, S.D. Fla.).
CHICAGO - A Pennsylvania candy company has sufficiently stated its cybersquatting and trademark-related claims against another candy firm, an Illinois federal judge ruled Oct. 22, denying the defendant's motion to dismiss the complaint that had previously been transferred, rather than dismissed, by another federal judge (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 1:15-cv-04235, N.D. Ill.; 2015 U.S. Dist. LEXIS 143549).