WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals' practice of reviewing, de novo, factual findings by a district court in support of its claim construction in a patent case is improper, an attorney told the U.S. Supreme Court Oct. 15 (Teva Pharmaceuticals USA Inc. et al. v. Sandoz Inc. et al., No. 13-854, U.S. Sup.).
FORT MYERS, Fla. - The owners of a Naples, Fla., restaurant named "Sea Salt" won a preliminary injunction on Oct. 14 from a Florida federal judge in their efforts to force Miami's "Seasalt and Pepper" restaurant to change its name (Nane Jan LLC v. Seasalt and Pepper LLC, No. 14-208, M.D. Fla.; 2014 U.S. Dist. LEXIS 146309).
WASHINGTON, D.C. - A Michigan federal judge did not err in holding that two claim terms in a diagnostic tester patent invoke 35 U.S. Code Section 112, Paragraph 6, nor in concluding that the specification of the patent at issue does not disclose corresponding structure for the terms, the Federal Circuit U.S. Court of Appeals ruled Oct. 14 (Robert Bosch LLC v. Snap-On Incorporated, et al., No. 14-1040, Fed. Cir.).
WASHINGTON, D.C. - The inventor of a method for improving the performance of electronic image sensors in photographic equipment failed to persuade the Federal Circuit U.S. Court of Appeals on Oct. 14 to overturn a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board that invalidated the invention as anticipated (In re: Hiok Nam Tay, No. 14-1415, Fed. Cir.).
ATLANTA - A minor's parents had a duty to oversee their son's online behavior after learning that he had created a fake Facebook account that disparaged a classmate, a Georgia Court of Appeals panel found Oct. 10, reversing in part a trial court's judgment in the parents' favor (Alexandria Boston, et al. v. Dustin Athearn, et al., No. A14A0971, Ga. App., 1st Div.; 2014 Ga. App. LEXIS 664).
MINNEAPOLIS - A Minnesota federal judge on Oct. 10 rejected claims of publicity rights violations by three former National Football League players, holding that even if the First Amendment or the NFL's newsworthiness and consent defenses did not serve as a bar to the lawsuit, the preemption provision in Section 301 of the Copyright Act does (John Frederick Dryer, et al. v. National Football League, No. 09-2182, D. Minn.; 2014 U.S. Dist. LEXIS 144362).
MINNEAPOLIS - Allegations that subject matter jurisdiction is lacking in a copyright and patent infringement lawsuit were rejected Oct 10 by a Minnesota federal judge (Honeywell International Inc. v. ICM Controls Corp., No. 11-569, D. Minn.; 2014 U.S. Dist. LEXIS 144355).
SAN FRANCISCO - Allegations that MasterCard International Inc. and Virtuoso Ltd. infringed several copyrighted photographs should proceed in the U.S. District Court for the Southern District of New York, a federal judge in California concluded Oct. 10 (The Wave Studio LLC v. MasterCard International Inc., et al., No. 14-1342, N.D. Calif.; 2014 U.S. Dist. LEXIS 145864).
COLUMBUS, Ohio - An Ohio judge and two state assistant attorneys general saw First Amendment charges against them dismissed Oct. 10, with an Ohio federal judge finding that they were immune from a man's claims related to the presentation and admission of his anonymous Internet postings in an underlying malpractice suit against a dental school (Gregory B. Morgan v. Judge Dale Crawford, et al., No. 2:14-cv-01609, S.D. Ohio; 2014 U.S. Dist. LEXIS 145695).
PHILADELPHIA - Defamation and conspiracy claims were properly dismissed against an actor and the moderator of his Internet discussion forum for lack of jurisdiction and based on a jury's finding of credibility, a Third Circuit U.S. Court of Appeals panel found Oct. 10, affirming judgment against a former fan who had made allegations based on purported statements made against her in that forum (Teresa A. Scott v. Pamela Wellington Lackey, et al., No. 12-3321 and 13-3877, 3rd Cir.; 2014 U.S. App. LEXIS 19631).
ATLANTA - Android devices' identification numbers are not "personally identifiable information" as defined under the Video Privacy Protection Act (VPPA), a Georgia federal judge ruled Oct. 8 (Mark Ellis, et al. v. The Cartoon Network, Inc., No. 14-484, N.D. Ga.; 2014 U.S. Dist. LEXIS 143078).
SAN JOSE, Calif. - A California technology firm on Oct. 10 announced that a state court has confirmed a $128,335,504 arbitration award issued in its favor by the International Court of Arbitration of the International Chamber of Commerce (ICC).
SAN JOSE, Calif. - A putative class complaint filed in California federal court on Oct. 9 charges LinkedIn Corp. with five violations of the Fair Credit Reporting Act (FCRA) related to the online professional network provider's "Reference Report" function that the plaintiffs say provides unverified employment information on users that has had a negative effect on their employment opportunities (Tracee Sweet, et al. v. LinkedIn Corp., No. 5:14-cv-04531, N.D. Calif.).
COLUMBUS, Ohio - Efforts by two counterclaim defendants to avoid paying a counterclaimant's attorney fees were unsuccessful Oct. 9 when an Ohio federal judge not only deemed fee shifting appropriate but also awarded more than $851,102 (Kehoe Component Sales Inc. d/b/a Pace Electronic Products v. Best Lighting Products Inc., No. 10-789, S.D. Ohio).
COLUMBUS, Ohio - Although an Ohio federal magistrate recommended granting a copyright holder's motion for default judgment against an online file sharer, the magistrate found the statutory damages of $150,000 sought by the plaintiff to be excessive, recommending damages of $6,000 instead (The Power of Few LLC v. John Does 1-11, No. 2:13-cv-00839, S.D. Ohio; 2014 U.S. Dist. LEXIS 143218).
COLUMBUS, Ga. - A Georgia federal judge on Oct. 9 rejected a defendant's effort to obtain dismissal or, in the alternative, transfer of trademark infringement allegations (Wish Atlanta LLC v. Contextlogic Inc., No. 14-51, M.D. Ga.).
MIAMI - A request by Medtronic Inc. for a summary judgment that it does not infringe various claims of a wireless communication protocol patent was granted in part Oct. 8 by a Florida federal judge (Atlas IP LLC v. Medtronic Inc., No. 13-23309, S.D. Fla.).
WASHINGTON, D.C. - Several petitions for writs of mandamus were granted Oct. 9 by the Federal Circuit U.S. Court of Appeals, which directed U.S. Judge J. Rodney Gilstrap of the Eastern District of Texas to stay five separate patent lawsuits in favor of a declaratory judgment action filed by Google Inc. in California federal court (In re: Google Inc. et al., No. 14-147, Fed. Cir.).
ST. PAUL, Minn. - A Minnesota Supreme Court majority on Oct. 8 affirmed that an arbitrator had authority to issue monetary and procedural sanctions against the former employee of a technology firm and one of its chief competitors for fabricating evidence in a trade secrets lawsuit, also affirming a $525 million award against the defendants (Seagate Technology LLC v. Western Digital Corp., et al., No. A12-1944, Minn. Sup.).
SAN FRANCISCO - Social media firm Twitter Inc. filed suit in California federal court Oct. 7, seeking a declaration that its First Amendment rights have been violated by the federal government's forbidding Twitter from revealing the extent or type of national security requests it has received as part of the government's surveillance program (Twitter Inc. v. Eric Holder, et al., No. 3:14-cv-04480, N.D. Calif.).
CINCINNATI - Allegations by a pro se plaintiff that AT&T Inc. infringed his copyrighted ringtones for mobile telephones were dismissed for lack of personal jurisdiction on Oct. 7 by an Ohio federal judge (Blake Best v. Mobile Streams Inc., et al., No. 12-564, S.D. Ohio).
NEW YORK - A limitation-of-liability clause in a former contract between a trademark and unjust enrichment plaintiff and defendant should have limited any post-termination damages, the Second Circuit U.S. Court of Appeals ruled Oct. 8 (My Play City Inc. v. Conduit Ltd., Nos. 13-2012, -2279, 2nd Cir.).
ATLANTA - The initiation by nonparty International Business Machines (IBM) Corp. of an inter partes re-examination (IPR) of various claims of five data encryption patents resulted in the grant of a stay of patent litigation Oct. 7 by a Georgia federal judge (Intellectual Ventures II LLC v. SunTrust Banks Inc., et al., No. 13-2454, N.D. Ga.).
WASHINGTON, D.C. - Patent owner Warner Chilcott Co. LLC successfully persuaded the Federal Circuit U.S. Court of Appeals on Oct. 6 to dismiss a generic drug maker's cross-appeal as improper (Warner Chilcott Company LLC v. Lupin Ltd., No. 14-1582, Fed. Cir.).
ATLANTA - Allegations that the 2010 film "Lottery Ticket" infringed upon the 2005 book "First Round Lottery Pick" were rejected Oct. 7 by a Georgia federal judge, acting in response to cross-motions for summary judgment (Franklin White v. Alcon Film Fund LLC, et al., No. 13-1163, N.D. Ga.).