WASHINGTON, D.C. - An Oregon federal judge, acting on remand following reinstatement of a jury verdict of patent infringement, did not err in denying a defendant the opportunity to relitigate the question of patent validity, the Federal Circuit U.S. Court of Appeals ruled March 18 (Smith & Nephew Inc. v. Arthrex Inc., Nos. 14-1691, -1694, Fed. Cir.).
SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena the operator of a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled March 16, granting Uber's discovery motion (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.).
TYLER, Texas - A Texas federal jury on March 16 deemed Apple not liable for infringement of five standard-essential wireless patents (Core Wireless Licensing S.A.R.L. v. Apple Inc., No. 12-100, E.D. Texas).
CHICAGO - Allegations by Par Sterile Products LLC that a defendant misrepresented its vasopressin injection as safe, effective and approved by the U.S. Food and Drug Administration in violation of the Lanham Act will proceed in part, an Illinois federal judge ruled March 17 (Par Sterile Products LLC v. Fresenius KABI USA LLC, No. 14-3349, N.D. Ill.; 2015 U.S. Dist. LEXIS 32409).
CAMDEN, N.J. - Immunity conferred on interactive computer service providers by the Communications Decency Act (CDA) led a New Jersey federal judge on March 13 to dismiss negligence claims against a gay social network operator that a man alleged was negligent and, therefore, liable for claims against him related to a sexual encounter with an underage user of the network (William F. Saponaro Jr. v. Grindr LLC, No. 1:14-cv-04522, D. N.J.; 2015 U.S. Dist. LEXIS 30795).
WASHINGTON, D.C. - Findings by a Delaware federal judge that various claims of four patents are valid and infringed by Apple Inc. were only partly correct, the Federal Circuit U.S. Court of Appeals ruled March 17 (MobileMedia Ideas LLC v. Apple Inc., Nos. 14-1060, -1091, Fed. Cir.).
SAN DIEGO - A California federal judge on March 16 found that plaintiffs' failure to allege that their cleaning service and its trademark enjoyed nationwide fame defeated their federal trademark infringement claims against the operator of LivingSocial.com, granting in part a motion to dismiss (Troy Feagin, et al. v. LivingSocial Inc., et al., No. 3:14-cv-00418, S.D. Calif.).
MIAMI - A not-for-profit organization on March 16 won summary judgment from a federal judge in Florida on allegations that it violated the Lanham Act (Edward Tobinick MD v. M.D. Steven Novella, et al., No. 14-80781, S.D. Fla.; 2015 U.S. Dist. LEXIS 31884).
WASHINGTON, D.C. - In light of the recent revelation that former Secretary of State Hilary Clinton used her personal email account to conduct official government business, Gawker Media LLC on March 13 sued the U.S. Department of State under the Freedom of Information Act (FOIA) in the U.S. District Court for the District of Columbia, seeking an order compelling disclosure of requested communications between a Clinton staffer and certain media outlets (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).
WASHINGTON, D.C. - A Connecticut federal judge erred in construing claims of a nucleotide probe patent as covering direct and indirect detection of a signaling moiety, a divided panel of the Federal Circuit U.S. Court of Appeals ruled March 16 (Enzo Biochem Inc. et al. v. Applera Corp. et al., No. 14-1321, Fed. Cir.).
WILMINGTON, Del. - A lawsuit over seven patents covering genetically modified soybeans was objectively unreasonable, a Delaware federal judge ruled March 13 (Bayer Cropscience AG v. Dow Agrosciences LLC, No. 12-256, D. Del.; 2015 U.S. Dist. LEXIS 30752).
WASHINGTON, D.C. - In a March 13 amicus curiae brief, filed upon invitation of the U.S. Supreme Court, the U.S. solicitor general recommended that the high court deny an online data aggregation service's petition for certiorari in a dispute over the injury-in-fact requirement to establish standing to bring a suit under the Fair Credit Reporting Act (FCRA) per Article III of the U.S. Constitution (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).
WASHINGTON, D.C. - A decision by the U.S. Patent Trial and Appeal Board to reverse an examiner's rejections of a power converter patent was vacated and remanded in part by the Federal Circuit U.S. Court of Appeals on March 13 (Vicor Corporation v. SynQor Inc., No. 14-1578, Fed. Cir.; 2015 U.S. App. LEXIS 4054).
SAN JOSE, Calif. - A California federal judge on March 10 certified a class and subclass of minors suing a social networking site for allegedly violating California law by permitting minors to make purchases through its website that are final and otherwise nonrefundable (I.B., by and through his guardian ad litem Glynnis Bohannon, et al. v. Facebook, Inc., No. 12-1894, N.D. Calif.; 2015 U.S. Dist. LEXIS 29357).
HOUSTON - Litigation over the right to use the "World Igbo Congress" trademark will proceed in Texas, a federal judge there ruled March 11 (World Igbo Congress Inc. et al. v. Chief Cyril Nwaguru, No. 14-3213, S.D. Texas).
WASHINGTON, D.C. - The U.S. Food and Drug Administration did not exceed the scope of its authority when revoking two of five tentative abbreviated new drug application (ANDA) approvals, a District of Columbia federal judge ruled March 11 (Ranbaxy Laboratories Ltd., et al. v. Sylvia Mathews Burwell, et al., No. 14-1923, D. D.C.).
BALTIMORE - Wikimedia Foundation and a group of eight other nonprofit and human rights organizations filed a lawsuit against the National Security Agency and other U.S. government entities in Maryland federal court on March 10, alleging constitutional violations in the government's en masse seizure of Americans' Internet communications (Wikimedia Foundation, et al. v. National Security Agency, et al., No. 1:15-cv-00662, D. Md.).
MADISON, Wis. - Several defendants accused of copyright infringement in connection with legal documents in a state court case won summary judgment on March 10 when a Wisconsin federal judge agreed that the plaintiff failed to demonstrate that any copying had taken place (Rodney Rigsby, et al., v. Chris Miscik, et al., No. 14-23, W.D. Wis.; 2015 U.S. Dist. LEXIS 28878).
HOUSTON - Efforts by Uber Technologies Inc. and a co-defendant to obtain dismissal of allegations that they falsely advertised their services and misrepresented their level of insurance coverage to consumers were only partly successful on March 10, when a Texas federal judge agreed to allow a portion of the case proceed (Greater Houston Transportation Authority, et al. v. Uber Technologies Inc., No. 14-941, S.D. Texas).
LOS ANGELES - After deliberating just over one full day, a jury empanelled before U.S. Judge John A. Kronstadt of the Central District of California on March 10 ruled in favor of the late Marvin Gaye's heirs in a high-profile music copyright dispute over the hit song "Blurred Lines" (Pharrell Williams et al. v. Bridgeport Music Inc. et al., No. 13-6004, C.D. Calif.).
SAN FRANCISCO - A California appeals panel on March 9 affirmed a lower court's ruling that a commercial general liability insurance policy's intellectual property exclusion precludes coverage for an underlying lawsuit alleging that the insured used the name and likeness of a designer, author and inventor to market its products without permission from the insured's estate (Alterra Excess and Surplus Insurance Co. v. Estate of Buckminster Fuller, No. A140453, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. LEXIS 216).
LOS ANGELES - A Florida man on March 6 filed a class action lawsuit in a California federal court, alleging that a mobile phone dating application company violated California's unfair competition law (UCL) when it stopped offering the app for free and began charging for its use (Billy Warner v. Tinder Inc., No. 15-1668, C.D. Calif.).
WASHINGTON, D.C. - An examiner's decision to reject, as obvious, a patent application covering an automobile ignition system was not erroneous, the Federal Circuit U.S. Court of Appeals ruled March 10 (In re: Tara Chand Singhal, No. 14-1704, Fed. Cir.).
LOS ANGELES - The operator of an adult website has failed to "identify any new evidence or law that it could not have, with reasonable diligence, presented" previously, a California federal judge ruled March 6, declining to reconsider his previous judgment in favor of two Usenet service providers in a copyright infringement dispute (Perfect 10 Inc. v. Giganews Inc., et al., No. 2:11-cv-07098, C.D. Calif.).
MIAMI - A trademark and copyright dispute between a franchisor and its former franchisees will proceed, thanks to a March 9 ruling by a Florida federal judge (Help at Home Inc. v. CAM Enterprises et al., No. 14-80255, S.D. Fla.).