WASHINGTON, D.C. - In its Nov. 6 order list, the U.S. Supreme Court heeded the advice of the U.S. government and denied certiorari in the longstanding dispute between Samsung Electronics Co. Ltd. and Apple Inc. over smartphone technology patents (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).
NEW YORK - A New York federal judge did not err in determining, following a bench trial, that a declaratory judgment plaintiff's bag closure products do not infringe or dilute a competitor's trade dress, the Second Circuit U.S. Court of Appeals concluded Nov. 2 (Schutte Bagclosures Inc. and Schutte Bagclosures B.V. v. Kiwk Lok Corporation, No. 16-2767, 2nd Cir., 2017 U.S. App. LEXIS 21864).
NEW YORK - In a Nov. 2 summary order, a Second Circuit U.S. Court of Appeals panel found that a breach of contract claim over problems with the website and app of Weight Watchers International Inc. failed because the site was offered on an "as is" basis, affirming a trial court's dismissal of a putative class action (Raymond M. Roberts v. Weight Watchers International Inc., No. 16-3865, 2nd Cir., 2017 U.S. App. LEXIS 21874).
SACRAMENTO, Calif. - After finding that the sellers of audio components failed to properly respond to allegations that they infringed on trademarks and violated California's unfair competition law (UCL) asserted by a competitor, a California federal judge on Oct. 31 struck their answer in its entirety with leave to amend (JL Audio Inc. v. Dia Saif, et al., No. 2:16-cv-00377, E.D. Calif., 2017 U.S. Dist. LEXIS 180576).
WASHINGTON, D.C. - A Delaware federal judge did not err in deeming a series of patents stemming from continuation applications ineligible for protection under Section 101 of the Patent Act, 35 U.S.C. 101, because the patents claim the abstract idea of sending and monitoring the delivery of audio/visual information, the Federal Circuit U.S. Court of Appeals ruled Nov. 1 (Two-Way Media Ltd. v. Comcast Cable Communications LLC, et al., No. 16-2531, Fed. Cir., 2017 U.S. App. LEXIS 21706).
SAN FRANCISCO - Although a United Kingdom limited company intentionally copied a competitor's logos for reproduction on its newsletters, the intentionally infringing acts were not expressly aimed at the state of California, the Ninth Circuit U.S. Court of Appeals ruled Nov. 1, affirming dismissal of a copyright infringement action (Axiom Foods Inc., et al. v. Acerchem UK Limited, No. 15-56450, 9th Cir., 2017 U.S. App. LEXIS 21801).
ALEXANDRIA, Va. - Three petitioners, including Canon Inc., took aim on Oct. 31 at a patented video surveillance system that extracts "primitives" from a video, in a new petition for inter partes review before the Patent Trial and Appeal Board (Axis Communications AB, et al., v. Avigilon Fortress Corporation, No. IPR2018-00138, PTAB).
SAN DIEGO - A California federal judge on Oct. 30 vacated previous protective orders preventing the defendant in a dispute over the "Comic-Con" trademark from posting online about the litigation, issuing the order in compliance with a Ninth Circuit U.S. Court of Appeals ruling that deemed the internet bans prior restraint under the First Amendment to the U.S. Constitution, U.S. Const. amend. I (San Diego Comic Convention v. Dan Farr Productions, et al., No. 3:14-cv-01865, S.D. Calif.).
WASHINGTON, D.C. - Findings by a Minnesota federal judge that five claims of two patents directed to data mining are indefinite were erroneous, the Federal Circuit U.S. Court of Appeals concluded Oct. 30 (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir., 2017 U.S. App. LEXIS 21479).
DENVER - A Utah federal judge's decision to deny The SCO Group Inc. leave to amend its tortious interference complaint against International Business Machines Corp. (IBM) to add a new claim for copyright infringement was affirmed Oct. 30 by the 10th Circuit U.S. Court of Appeals (The SCO Group Inc. v. International Business Machines Corp., No. 16-4040, 10th Cir., 2017 U.S. App. LEXIS 21487).
WASHINGTON, D.C. - In an Oct. 25 appellee brief filed with the Federal Circuit U.S. Court of Appeals, a genomic research center argued that an appeal of a Patent Trial and Appeal Board (PTAB) interference proceeding stemming from technology related to genetic modification should be dismissed for lack of appellate jurisdiction (Regents of the University of California, et al., v. The Broad Institute Inc., et al., No. 17-1907, Fed. Cir.).
ST. LOUIS - Amid findings that neither a design patent owner nor infringement defendant has a "regular and established place of business" in the Eastern District of Missouri under the test established in In re Cray Inc., 871 F.3d 1355, 1360 (Fed. Cir. 2017), a federal judge on Oct. 27 ordered transfer of the case to the District of Minnesota (2017) (Post Consumer Brands LLC v. General Mills Inc., et al., No. 17-2471, E.D. Mo., 2017 U.S. Dist. LEXIS 178307).
ALEXANDRIA, Va. - A formula for phosphoramidate prodrugs of nucleoside derivatives would have been obvious to a person of ordinary skill, according to an Oct. 26 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Initiative for Medicines, Access & Knowledge Inc. v. Gilead Pharmasset LLC, No. IPR2018-00122, PTAB).
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Oct. 26 upheld a Delaware federal judge's determination that 14 claims of a patented antibiotic are invalid, but a dissenting judge argued that the Federal Circuit has led district courts "into error" by issuing "inconsistent treatment of the procedures and burdens in applying the evidentiary factors of obviousness" (Merck Sharp & Dohme Corp. v. Hospira Inc., No. 17-1115, Fed. Cir., 2017 U.S. App. LEXIS 21201).
SAN DIEGO - A California federal judge on Oct. 25 ruled that a credit union did not violate California's unfair competition law (UCL) or misappropriate trade secrets when it implemented an overdraft privilege (ODP) program, finding that it never used any of the recommendations given to it by a consulting firm that developed a similar program (John M. Floyd & Associates Inc. v. First Imperial Credit Union, et al., No. 16-cv-1851, S.D. Calif., 2017 U.S. Dist. LEXIS 177089).
WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that 20 claims of a software registration system patent are anticipated and rendered obvious by prior art was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Oct. 23 (Uniloc USA Inc., et al. v. Sega of America Inc., et al., No. 16-2000, Fed. Cir., 2017 U.S. App. LEXIS 20704).
ALEXANDRIA, Va. - In an Oct. 23 ruling, the Patent Trial and Appeal Board announced that it will review the patentability of seven claims of an electronic cigarette patent but denied institution with regard to five others (R.J. Reynolds Vapor Co. v. Fontem Holdings 1 BV, No. IPR2017-01120, PTAB).
CINCINNATI - A rejection on summary judgment of a complaint seeking a declaration of trademark invalidity was reversed Oct. 23 by the Sixth Circuit U.S. Court of Appeals, which rejected findings by a Michigan federal judge that the dispute is barred by the doctrine of res judicata (AuSable River Trading Post LLC v. Dovetail Solutions Inc., 2017 U.S. App. LEXIS 20707).
ALEXANDRIA, Va. - A patented system and method for providing visually interactive complements to audio programming would have been obvious to a person of skill, according to an Oct. 23 petition for inter partes review before the Patent Trial and Appeal Board (Stingray Digital Group Inc. v. Music Choice, No. IPR2018-00114, PTAB).
DENVER - A Colorado federal judge on Oct. 20 entered final judgment dismissing a franchisor's trademark infringement lawsuit for lack of personal jurisdiction, finding that the defendants' contacts with Colorado only "barely satisfy the minimum contacts standard" and that a majority of the reasonableness factors weigh against the exercise of jurisdiction (Rocky Mountain Chocolate Factory v. Timothy Arellano, et al., No. 17-0582, D. Colo., 2017 U.S. Dist. LEXIS 173159).
CHICAGO - A defendant who sold counterfeit "Monster Energy" products online was ordered by an Illinois federal judge on Oct. 23 to pay Monster Energy Co. $650,000 in damages in connection with allegations of copyright and trademark infringement (Monster Energy Company v. Zheng Peng, et al., No. 17-414, N.D. Ill., 2017 U.S. Dist. LEXIS 175287).
LOS ANGELES - A defendant in a misappropriation of trade secrets and copyright infringement lawsuit will pay more than $6.8 million in damages on claims that he used his former employer's trade secrets to develop a competing 3-D imaging device for the dental industry, a federal judge in California ruled Oct. 19 in granting the former employer's motion for damages and entry of judgment (Sirona Dental Systems Inc., et al. v. Jian Lu, No. 15-8777, C.D. Calif., 2017 U.S. Dist. LEXIS 174510).
WASHINGTON, D.C. - A Delaware federal judge's determination that two claims of a patented contraceptive device was erroneous because a person of ordinary skill would not have known to modify prior art to arrive at the claimed invention, the Federal Circuit U.S. Court of Appeals ruled Oct. 19 (Merck Sharp & Dohme BV v. Warner Chilcott Company LLC, No. 16-2583, Fed. Cir., 2017 U.S. App. LEXIS 20441).
WASHINGTON, D.C. - Judge Timothy B. Dyk of the Federal Circuit U.S. Court of Appeals did not err in denying a motion for judgment as a matter of law (JMOL) by a patent owner following an adverse jury trial in the U.S. District Court for the District of Delaware, the Federal Circuit ruled Oct. 20 (Art+Com Innovationpool GmbH v. Google Inc., No. 17-1016, Fed. Cir.).
SAN FRANCISCO - In an Oct. 22 ruling, U.S. Judge Lucy Koh of the Northern District of California rejected claims by Apple Inc. that the burden of persuasion in identifying the relevant article of manufacture under Section 289 of the Patent Act rests with a design patent infringement defendant (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 5:11-cv-01846, N.D. Calif.).