TRENTON, N.J. - TD Bank N.A., which prevailed on allegations of copyright infringement in 2015, was granted a permanent injunction June 14 by a New Jersey federal judge (TD Bank N.A. v. Vernon W. Hill, No. 12-7188, D. N.J.; 2016 U.S. Dist. LEXIS 77025).
RALEIGH, N.C. - A North Carolina Indian tribe on June 14 leveled trademark infringement and unfair competition accusations against Anheuser-Busch LLC and a regional beer distributor in federal court, saying their unapproved use of the tribe's trademarks in connection with in-store Budweiser advertising is causing confusion and is offensive to some members of the tribe because it links Indians with alcohol use (Lumbee Tribe of North Carolina v. Anheuser-Busch, LLC, et al., No. 7:16-cv-148, E.D. N.C.).
ALEXANDRIA, Va. - A patented method of treating rheumatoid arthritis with anti-tumor necrosis factor ? (anti-TNF?) combined with the anti-rheumatic drug methotrexate (MTX) is likely invalid, the Patent Trial and Appeal Board concluded June 13 (Coherus BioSciences Inc. v. Abbvie Biotechnology Ltd., No. IPR2016-00188, PTAB).
ALEXANDRIA, Va. - For the first time, the Patent Trial and Appeal Board on June 13 used the post-grant review (PGR) process to determine that two patents are invalid and should not have been issued (American Simmental Association v. Leachman Cattle of Colorado LLC, Nos. PGR2015-00005, PGR2015-00003, PTAB).
NEW YORK - Although agreeing with a New York federal judge that a trademark plaintiff is entitled to permanent injunctive relief, the Second Circuit U.S. Court of Appeals on June 13 found that the relief ordered is insufficient to protect the public from confusion going forward (Guthrie Healthcare System v. ContextMedia Inc. and Rishi Shah, Nos. 14-3343 & 14-3728, 2nd Cir.; 2016 U.S. App. LEXIS 10662).
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel majority on June 14 declined petitions to review a 2015 report and order by the Federal Communications Commission by several telecommunications providers (telecoms), finding that the FCC had the authority to reclassify broadband as a telecommunications service in its effort to "compel Internet openness," commonly known as "net neutrality" (United States Telecom Association v. Federal Communications Commission, et al., No. 15-1063, D.C. Cir.).
LOS ANGELES - A federal jury in California on June 8 awarded a hookah maker $2 million after finding that a wholesale retailer was selling a copyrighted hookah without the maker's permission (Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).
PHILADELPHIA - Comcast Corp., T-Mobile USA Inc. and Google Inc. were ordered by a Pennsylvania federal judge on June 7 to respond to a transportation firm's verified petition seeking pre-action discovery related to learning the identity of an unknown individual that purportedly stole the firm's trade secrets (Estes Forwarding Worldwide LLC v. Comcast Corp., No. 2:16-mc-00132, E.D. Pa.).
WASHINGTON, D.C. - The Patent Trial and Appeal Board does not need to address in a final written decision patent claims that were not instituted in an inter partes review (IPR), a divided panel of the Federal Circuit U.S. Court of Appeals ruled June 9 (SAS Institute Inc. v. ComplementSoft LLC, Nos. 15-1346, -1347, Fed. Cir.; 2016 U.S. App. LEXIS 10508).
CINCINNATI - A Tennessee federal judge did not abuse his discretion in preliminarily enjoining a karaoke recording distributor from using certain musical compositions belonging to Sony/ATV Publishing LLC and EMI Music Publishing Ltd., the Sixth Circuit U.S. Court of Appeals ruled June 9 (Sony/ATV Publishing LLC et al. v. 1729172 Ontario Inc., No. 15-6108, 6th Cir.; 2016 U.S. App. LEXIS 10592).
PASADENA, Calif. - A law firm, its principals and their shell companies engaged in fraud, vexatious litigation and a money-making scheme by misusing the subpoena power of the courts, a Ninth Circuit U.S. Court of Appeals panel ruled June 10, affirming a trial court's sanctions award in favor of the John Doe defendant in one of the many copyright infringement suits the firm initiated related to purported online sharing of adult movies (Ingenuity 13 LLC, et al. v. John Doe, Nos. 13-55859, 13-55880, 13-55881, 13-55882, 13-55883, 13-55884 and 13-56028, 9th Cir.; 2016 U.S. App. LEXIS 10557).
WASHINGTON, D.C. - The U.S. Supreme Court on June 13 unanimously rejected as inconsistent with 35 U.S. Code Section 284 the Federal Circuit U.S. Court of Appeals' two-part test for determining enhanced patent damages (Stryker Corp., et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).
ALEXANDRIA, Va. - Efforts by Arista Networks Inc. to invalidate a single claim of a Cisco Systems Inc. patent were unsuccessful on June 6, when the Patent Trial and Appeal Board (PTAB) denied a petition for inter partes review (IPR) (Arista Networks Inc. v. Cisco Systems Inc., No. IPR2016-00304, PTAB).
TAMPA, Fla. - Assertions of prevailing party status by both a plaintiff and a defendant in a dispute over the "Meth Lab Cleanup" trademark were rejected by a Florida federal judge on June 7, who instead deemed the case "a tie" (Meth Lab Cleanup LLC v. Spaulding Decon LLC, et al., No. 14-3129, M.D. Fla.; 2016 U.S. Dist. LEXIS 74020).
SAN FRANCISCO - Two weeks after a California federal jury found that Google Inc.'s use of Java structure, sequence and organization (SSO) in its Android operating system constituted fair use under the Copyright Act, the presiding judge on June 8 denied motions for judgment as a matter of law (JMOL) by Google and Oracle Inc., finding that the jury's conclusion was reasonable and rejecting both parties' contentions that only verdicts in their respective favors would have been reasonable (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 74931).
DETROIT - Efforts by a patent infringement defendant to obtain dismissal of the allegations pursuant to 35 U.S. Code Section 101 failed June 7, when a Michigan federal judge found that the technology at issue is not abstract under step one of the Alice Corp. Pty. Ltd. v. CLS Bank International (134 S. Ct. 2347 ) framework (JDS Technologies Inc. v. Exacq Technologies Inc., No. 15-10387, E.D. Mich.; 2016 U.S. Dist. LEXIS 73622).
BROOKLYN, N.Y. - Sprint Solutions Inc. and Sprint Communications Co. L.P. (Sprint, collectively) were deemed entitled to summary judgment June 7 by a New York federal judge with regard to their allegations that two defendants violated the Lanham Act by selling Sprint phones with bad electronic serial numbers (ESNs) (Sprint Solutions Inc. v. iCell Guru Inc., et al., No. 14-3539, E.D. N.Y.; 2016 U.S. Dist. LEXIS 73912).
SAN FRANCISCO - Although a patent infringement defendant failed to show that Merck & Co., Merck Sharp and Dohme Corp. and Isis Pharmaceuticals Inc. (Merck, collectively) waived their right to enforce two patents against a competitor, a "pervasive pattern" of "unconscionable" conduct by Merck renders the patents unenforceable, according to a June 6 ruling by a California federal judge (Gilead Sciences Inc. v. Merck & Co., et al., No. 13-4057, N.D. Calif.; 2016 U.S. Dist. LEXIS 73595).
NEW YORK - Allegations of willful infringement levied against an end user in connection with industrial boat-lifting equipment were stayed June 3 by a New York federal judge (Marine Travelift Inc. v. K. Graefe and Sons Corp., No. 16-2068, S.D. N.Y.; 2016 U.S. Dist. LEXIS 73168).
WASHINGTON, D.C. - In a June 1 per curiam opinion, the Federal Circuit U.S. Circuit of Appeals held sua sponte that it did not have jurisdiction to consider whether certain documents submitted by Samsung Electronics Company Ltd. in post-judgment proceedings in a long-running patent dispute with Apple Inc. are privileged and not subject to disclosure, holding that, per 28 U.S. Code Section 1295(a)(1), it cannot "review disclosure orders implicating attorney-client privilege" without "a final decision" (Apple Inc. v. Nokia Corp. v. Samsung Electronics Co., Ltd., et al., No. 2015-1857, Fed. Cir.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on June 3 stood by its March 2015 ruling that the asserted claims of a neuromonitoring patent were directly infringed by users of a nerve-monitoring device and that the device maker induced the infringement (Warsaw Orthopedic Inc., et al. v. NuVasive Inc., Nos. 13-1576, -1577, Fed. Cir.; 2016 U.S. App. LEXIS 10092).
WASHINGTON, D.C. - A stipulated judgment of noninfringement will stand, thanks to a June 6 ruling by the Federal Circuit U.S. Court of Appeals affirming the construction of various disputed claim terms in a database search patent (Indacon Inc. v. Facebook Inc., No. 15-1129, Fed. Cir.).
WASHINGTON, D.C. - In its June 6 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Google Inc. over an underlying grant of class certification in a class action over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve what the Internet giant called a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).
SAN FRANCISCO - A California federal judge properly granted pop star Madonna Louise Ciccone - commonly known as Madonna - and others summary judgment on allegations a modified version of a horn segment in the song "Vogue" infringed the copyrighted song "Love Break," a divided Ninth Circuit U.S. Court of Appeals concluded June 2 in a decision that creates a circuit split (VMG Salsoul LLC v. Madonna Louise Ciccone, et al., Nos. 13-57104, 14-55837, 9th Cir.; 2016 U.S. App. LEXIS 10017).
WASHINGTON, D.C. - In its June 6 orders list, the U.S. Supreme Court invited the U.S. solicitor general to weigh in on a patent and antitrust dispute involving the epilepsy drug Lamictal (SmithKline Beecham Corp., et al. v. King Drug Company of Florence Inc., No. 15-1055, U.S. Sup.).