PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 28 affirmed that an insurance policy's "authorized representative" exclusion bars coverage for an insured's claim seeking reimbursement of $100,000 in losses arising from computer fraud (Southern California Counseling Center v. Great American Insurance Co., No. 14-56169, 9th Cir.; 2016 U.S. App. LEXIS 11825).
SAN JOSE, Calif. - In a June 24 reply brief supporting its motion to dismiss negligence and fraud claims against it related to a firm's botched asbestos abatement job, Groupon Inc. tells a California federal court that the homeowner plaintiffs' asserted injuries are actually unrelated to a Groupon voucher that they purchased and for which they subsequently received a full refund (William Mosley, et al. v. Groupon Inc., et al., No. 15-cv-01205, N.D. Calif.).
ALEXANDRIA, Va. - Claim 1 of a patent that discloses the use of a Web server to implement user-selected call features, such as call blocking or call forwarding, is unpatentable as obvious under 35 U.S. Code Section 103, four petitioners allege June 24 in seeking inter partes review before the Patent Trial and Appeal Board (Bright House Networks LLC, et al. v. Focal IP LLC, No. PR2016-01263, PTAB).
ALEXANDRIA, Va. - In two separate rulings issued June 27, the Patent Trial and Appeal Board revealed that it will review the patentability of two data compression patents (Oracle America Inc. v. RealTime Data LLC, Nos. IPR2016-00374 and IPR2016-00373, PTAB).
ALEXANDRIA, Va. - Although amending its February 2016 decision, the Patent Trial and Appeal Board on June 24 nonetheless again affirmed an examiner's final rejection of a single claim of a remote communications patent (Ex parte Stephen Corey Wren, No. 2013-004649, PTAB).
ALEXANDRIA, Va. - Contrary to the findings of a patent examiner, an originally filed patent specification "provides adequate written description support for the invention recited," according to a June 28 ruling by the Patent Trial and Appeal Board (Ex parte Louis Burger, No. 2014-000083, PTAB).
WASHINGTON, D.C. - A Texas federal judge erred in dismissing, pursuant to Federal Rules of Civil Procedure Rule 12(b)(6), a patent infringement case based upon her determination that the patent in suit is invalid under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals concluded June 27 (BASCOM Global Internet Services Inc. v. AT&T Inc., et al., No. 15-1763, Fed. Cir.; 2016 U.S. App. LEXIS 11687).
NEWPORT NEWS, Va. - A man accused of violating federal child pornography laws saw his motions to suppress evidence gained via tracking software and to compel that software's source code denied by a Virginia federal judge on June 23, who held that the Federal Bureau of Investigation obtained the warrant to use the software in accordance with the guidelines of the Fourth Amendment to the U.S. Constitution (United States of America v. Edward Joseph Matish III, No. 4:16-cr-00016 E.D. Va.).
GREENEVILLE, S.C. - Efforts by Blackberry Ltd. to stay allegations that it infringed four patents while the outcome of an inter partes review (IPR) is appealed to the Federal Circuit U.S. Court of Appeals failed June 24 (Zipit Wireless Inc. v. Blackberry Ltd., No. 13-2959, D. S.C.; 2016 U.S. Dist. LEXIS 82255).
CINCINNATI - A Tennessee federal judge's decision to award prevailing party attorney fees to a copyright infringement defendant was affirmed June 22 by the Sixth Circuit U.S. Court of Appeals, which rejected a plaintiff's appeal as nothing more than a "rehash" of arguments that failed in a district court (Taryn Murphy, et al. v. Sergey Lazarev, No. 15-6100, 6th Cir.; 2016 U.S. App. LEXIS 11633).
WASHINGTON, D.C. - Following the recommendation of the U.S. government, the U.S. Supreme Court on June 27 granted certiorari in a patent dispute but limited its grant to the second question presented in the petition by Life Technologies Corp. (LifeTech) (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
SAVANNAH, Ga. - Defendants - including Leon Hendrix, brother of the late Jimi Hendrix - who are connected with "Purple Haze Liquer" were enjoined by a Georgia federal judge on June 22 from using the word "jimi" in the names of their websites and on their social media profiles (Experience Hendrix LLC v. Tiger Paw Distributors LLC, No. 16-107, S.D. Ga.; 2016 U.S. Dist. LEXIS 81089).
PASADENA, Calif. - A month after the U.S. Supreme Court remanded a putative class action against an online data aggregator under the Fair Credit Reporting Act (FCRA), a Ninth Circuit U.S. Court of Appeals panel directed the parties to submit briefs on whether the claims in the case meet the "concreteness" requirement to establish standing under Article III of the U.S. Constitution, which the high court said the panel did not properly weigh in its previous ruling (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir.).
WASHINGTON, D.C. - A practice by the Patent Trial and Appeal Board of allowing the same administrative judges who institute inter partes review (IPR) to preside over the ensuing IPR itself "imperils the public confidence in the fairness and correctness of these proceedings," Circuit Judge Pauline Newman wrote in dissent on June 22 in a denial of en banc rehearing by the Federal Circuit U.S. Court of Appeals (Ethicon Endo-Surgery Inc. v. Covidien LP, No. 14-1771, Fed. Cir.; 2016 U.S. App. LEXIS 11296).
AUSTIN, Texas - A Texas federal judge on June 17 held that a commercial general liability insurer has no duty to defend its insureds against copyright claims because the underlying complaint fails to allege any unauthorized use of an adult entertainment company's copyrighted advertising materials, slogan or title in the insureds' advertising (St. Paul Fire and Marine Insurance Co. v. Giganews Inc., et al., No. 15-89, W.D. Texas; 2016 U.S. Dist. LEXIS 79535).
WASHINGTON, D.C. - When assigning the relevant filing date of a continuation application for purposes of determining patent validity, the application satisfies 35 U.S. Code Section 120 when both legal acts - filing and patenting - occur on the same day, the Federal Circuit U.S. Court of Appeals ruled June 21 (Immersion Corporation v. HTC Corporation, No. 15-1574, Fed. Cir.; 2016 U.S. App. LEXIS 11176).
RALEIGH, N.C. - A plaintiff who was awarded more than $80 million at the conclusion of a fraudulent inducement and breach of license damages trial in September 2015 was nonetheless denied a permanent injunction on June 17 by a North Carolina federal judge, who noted that the defendant prevailed on summary judgment with regard to copyright infringement (SAS Institute Inc. v. World Programming Ltd., No. 10-25, E.D. N.C.; 2016 U.S. Dist. LEXIS 79234).
CHICAGO - A photographer who voluntarily dismissed his copyright infringement action should not be required to pay a defendant's request for $33,974 in attorney fees, the Seventh Circuit U.S. Court of Appeals ruled June 17 (Richard N. Bell v. Charles Lantz, No. 15-2341, 7th Cir.; 2016 U.S. App. LEXIS 11006).
WASHINGTON, D.C. - In a June 15 reply brief in the U.S. Supreme Court, petitioner Microsoft Corp. argues that because a putative class of Xbox 360 owners voluntarily dismissed their product defect suit against it, the Ninth Circuit U.S. Court of Appeals did not have jurisdiction to hear their appeal of a trial court's denial of class certification (Microsoft Corp. v. Seth Baker, et al., No. 15-457, U.S. Sup.).
ATLANTA - A Florida federal judge did not err in granting judgment notwithstanding a jury's verdict of copyright infringement, the 11th Circuit U.S. Court of Appeals ruled June 17 in a dispute over an architectural floor plan (Home Design Services Inc. v. Turner Heritage Homes Inc. et al., No. 15-11912, 11th Cir.; 2016 U.S. App. LEXIS 10962).
WASHINGTON, D.C. - In its June 20 orders list, the U.S. Supreme Court called for the views of the Solicitor General in a patent case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use of patented items to prevent an exhaustion of their rights (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 20 invited the government to weigh in on a Federal Circuit U.S. Court of Appeals' ruling that biosimilar makers must wait until their products receive U.S. Food and Drug Administration approval before providing 180-day advance notice of sales (Sandoz, Inc. v. Amgen, Inc. and Amgen Manufacturing, Ltd., No. 15-1039, U.S. Sup.; Amgen Inc. et al. v. Sandoz Inc., No. 15-1195, U.S. Sup.).
NEW YORK - Mostly affirming a trial court's ruling dismissing copyright infringement claims against video-sharing site operator Vimeo LLC, a Second Circuit U.S. Court of Appeals panel on June 16 found that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) is available to recorded works from before 1972 that are governed by state law (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 14-1048, 2nd Cir.; 2016 U.S. App. LEXIS 10884).
WASHINGTON, D.C. - The U.S. Supreme Court on June 20 deemed the Patent Trial and Appeal Board's practice of giving patent claims their "broadest-reasonable-interpretation" (BRI) during inter partes review (IPR) a "reasonable exercise" of the U.S. Patent and Trademark Office's rulemaking authority (Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446, U.S. Sup.).
ALEXANDRIA, Va. - An invention that describes utilization of a Voice over Internet Protocol (VoIP) telephone to call other VoIP subscribers on a private packet-based network or standard public switched telephone network (PSTN) customers on the public telephone network is invalid, Apple Inc. alleges in a June 15 petition for inter partes review by the Patent Trial and Appeal Board (PTAB) (Apple Inc. v. VOIP-Pal.com Inc., No. IPR2016-01198, PTAB.).