NEW ORLEANS - Dismissal by a Texas federal judge of allegations of copyright and trademark infringement by an author on grounds of lacking personal jurisdiction was proper, the Fifth Circuit U.S. Court of Appeals ruled May 5 (Omar Hazim v. Schiel & Denver Ltd., No. 15-20586, 5th Cir.; 2016 U.S. App. LEXIS 8321).
WICHITA, Kan. - A patent plaintiff failed to make a prima facie case that a defendant purposefully directed its allegedly infringing activities at the State of Kansas, a federal judge there concluded May 4, dismissing the case (NexLearn LLC v. Allen Interactions Inc., No. 15-1294, D. Kan.; 2016 U.S. Dist. LEXIS 59783).
PHILADELPHIA - A declaratory judgment action brought in anticipation of a threatened claim of copyright infringement provides a sufficient basis for removal of the case from state court, a Pennsylvania federal judge ruled May 5 (TGaS Advisors LLC v. Zensights LLC, No. 16-1870, E.D. Pa.; 2016 U.S. Dist. LEXIS 59687).
HARRISBURG, Pa. - A Pennsylvania federal judge on May 3 mostly granted summary judgment to a school district on claims that it violated the First and 14th Amendments to the U.S. Constitution by disciplining a student for an off-campus Facebook posting related to a bomb threat, with the judge finding the discipline proper because it was reasonable to forecast that the post would cause a substantial on-campus disruption (R.L., et al. v. Central York School District, et al., No. 1:14-cv-00450, M.D. Pa.; 2016 U.S. Dist. LEXIS 58446).
SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 3 excluded a damages expert from testifying on a forecast to calculate Oracle's lost profits beyond 2011 and ordered that the expert must adjust his totals to reflect that limitation (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58819).
TRENTON, N.J. - Allegations by a patent infringement defendant of antitrust injury were dismissed May 4 by a New Jersey federal judge; however, the defendant was granted leave to amend to cure various deficiencies in the antitrust counterclaim (Otsuka Pharmaceutical Co. Ltd. v. Torrent Pharmaceutical Limited Inc., No. 14-4671, D. N.J.; 2016 U.S. Dist. LEXIS 59158).
SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 2 excluded any portions of an expert's survey or opinions based on pretest results as unreliable (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58304).
DETROIT - A copyright infringement plaintiff failed to persuade a Michigan federal judge on May 3 to "revise or clarify" his February 2016 summary judgment holding that a defendant possessed an implied, nonexclusive license to use disputed software code (Vasudeva Mahavisno v. Compendia Bioscience Inc., et al., No. 13-12207, E.D. Mich.; 2016 U.S. Dist. LEXIS 21588.; 2016 U.S. Dist. LEXIS 58354).
NEW ORLEANS - A trademark infringement defendant could be entitled to an award of attorney fees in light of the new standard for exceptionality set by the U.S. Supreme Court in the patent case Octane Fitness LLC v. Icon Health and Fitness Inc. (134 S. Ct. 1749 ), according to a May 3 ruling by the Fifth Circuit U.S. Court of Appeals (Clark Baker, et al. v. Jeffrey Todd DeShong, No. 14-11157, 5th Cir.; 2016 U.S. App. LEXIS 8014).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 28 affirmed a trial court's grant of summary judgment under the Anti-Cybersquatting Consumer Protection Act (ACPA) and an accompany damages award against a man who registered four Internet domains incorporating Donald Trump's trademark in bad faith (J. Taikwok Yung v. Donald J. Trump, No. 14-1554, 2nd Cir.; 2016 U.S. App. LEXIS 7662).
WASHINGTON, D.C. - Efforts by a patent infringement defendant to obtain dismissal or transfer of the litigation from Delaware to Indiana federal court were unsuccessful on April 29, when the Federal Circuit U.S. Court of Appeals denied a petition for mandamus (In re: TC Heartland LLC, No. 16-105, Fed. Cir.; 2016 U.S. App. LEXIS 7753).
WASHINGTON, D.C. - A September 2014 holding by the Federal Circuit U.S. Court of Appeals that the presumption of laches applies when a patent infringement action is filed more than six years after a patentee learns of allegedly infringing products will be reviewed, the U.S. Supreme Court announced May 2 (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).
WASHINGTON, D.C. - In its May 2 orders list, the U.S. Supreme Court granted certiorari in a dispute between competing cheerleading uniform makers over the copyrightability of "useful articles" (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).
LOS ANGELES - In an April 27 reply brief supporting its motion for contempt and sanctions in a trademark and unfair competition lawsuit, the operator of an attorney recruiting website argues that the operator of a competing site failed to provide meaningful or complete discovery responses and depositions in contravention of a court order (Lateral Link Group LLC v. Habeas Corp., et al., No. 2:14-cv-05695, C.D. Calif.).
KANSAS CITY, Kan. - A computer consultant may not testify on search engine optimization (SEO) in a trademark infringement case, a Kansas federal judge held April 27 (Marten Transport, Ltd. v. PlattForm Advertising, Inc., No. 14-2464, D. Kan.; 2016 U.S. Dist. LEXIS 56279).
SAN FRANCISCO - A woman who says she received "multiple" unsolicited text messages from Facebook Inc. that were intended for the prior holder of her cell phone number, filed a putative class complaint against the social network operator April 26 in California federal court, alleging violations of the Telephone Consumer Protection Act (TCPA) and California's unfair competition law (UCL) (Christine Holt v. Facebook Inc., No. 3:16-cv-02266, N.D. Calif.).
DENVER - Allegations by a pro se plaintiff that a dispute over life insurance benefits paid by The Prudential Insurance Co. was improperly removed from state court were rejected April 27 by the 10th Circuit U.S. Court of Appeals (David Speer v. The Prudential Insurance Company, No. 15-6183, 10th Cir.).
DALLAS - In a complaint filed April 25 in Texas federal court, three blind law students allege that a company specializing in bar exam preparation materials has violated the Americans with Disabilities Act (ADA) by not providing a website and other materials that are fully accessible to visually impaired individuals and by not responding to requests for reasonable accommodations (Claire Stanley, et al. v. BarBri Inc., et al., No. 3:16-cv-01113, N.D. Texas).
ALEXANDRIA, Va. - Efforts to undo an examiner's May 2014 final rejection on obviousness grounds of various claims of a patented troughing idler for belt conveyors were unsuccessful on April 27, when the Patent Trial and Appeal Board instead upheld the examiner's findings (Ex parte Hansen Manufacturing Corp., No. 2016-00248, PTAB).
ALEXANDRIA, Va. - In a 46-page ruling issued April 28, the Patent Trial and Appeal Board (PTAB) indicated that it will review the patentability of an invention that claims repositioning of market information on a graphical user interface (GUI) and electronic trading (IBG LLC and Interactive Brokers LLC v. Trading Technologies International Inc., No. CBM2016-0009, PTAB).
WASHINGTON, D.C. - Citing its companion ruling issued the same day in U.S. Ethernet Innovations LLC v. Acer Inc. (No. 2015-1640, 1641 [Fed. Cir.]) (the Acer appeal), the Federal Circuit U.S. Court of Appeals on April 25 turned away an appeal of a Texas federal judge's holding of patent invalidity on the basis of issue preclusion (U.S. Ethernet Innovations LLC v. Texas Instruments Inc., No. 15-1510, Fed. Cir.; 2016 U.S. App. LEXIS 7398.).
WILMINGTON, Del. - Despite gleaning evidence of a patent defendant's "global aspirations," a Delaware federal judge on April 25 nonetheless agreed to grant the defendant transfer to the U.S. District Court for the Western District of Washington (Segway Inc. v. Inventist Inc., No. 15-808, D. Del.; 2016 U.S. Dist. LEXIS 54539).
MARSHALL, Texas - Sitting by assignment in the U.S. District Court for the Eastern District of Texas, Circuit Judge William C. Bryson of the Federal Circuit U.S. Court of Appeals on April 26 denied a motion by patent infringement defendant Eli Lilly and Co. to sever and stay claims against co-defendant Brookshire Brothers, as well as Lilly's motion to transfer the dispute to Indiana federal court (Erfindergemeinschaft UroPep GbR v. Eli Lilly and Company, et al., No. 15-1202, E.D. Texas; 2016 U.S. Dist. LEXIS 55205).
WASHINGTON, D.C. - A request by a patent owner that the Federal Circuit U.S. Court of Appeals decide en banc whether application of a clear error standard is required for appeals from Patent Trial and Appeals Board (PTAB) inter partes review (IPR) proceedings under the America Invents Act (AIA) was turned away by the court on April 26 (Merck & Cie v. Gnosis S.p.A., et al., No. 14-1779, Fed. Cir.; 2016 U.S. App. LEXIS 7503).
COLUMBUS, Ohio - A report recommending that preliminary injunctive relief be awarded in a dispute over the "Ancestry," "Ancestry.com" and "AncestryDNA" trademarks was rejected April 25 by an Ohio federal judge, who instead deemed plaintiff Ancestry.com Operations Inc. unlikely to succeed on the merits of its claims (Ancestry.com Operations Inc. v. DNA Diagnostic Center Inc., No. 15-737, S.D. Ohio; 2016 U.S. Dist. LEXIS 54754).