ALEXANDRIA, Va. - Six claims of a patented system for spinal cord stimulation (SCS) are targeted in an Aug. 11 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Nevro Corp. v. Boston Scientific Neuromodulation Corp., No. IPR2017-01920, PTAB).
WILMINGTON, Del. - Allegations by two plaintiffs that 12 patents were infringed by the manufacture and sale of certain televisions, laptops and tablets were partly dismissed Aug. 11 by a Delaware federal judge on the basis of license agreements that cover some of the accused products (MiiCs and Partners America Inc., et al. v. Toshiba Corp., et al., No. 14-803; MiiCs and Partners America Inc. v. Funai Electric Co., et al., No. 14-804, D. Del., 2017 U.S. Dist. LEXIS 127745).
TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's counsel for conducting the deposition (Patricia Hone v. Wal-Mart, Inc., No. 14-1006, D. N.J., 2017 U.S. Dist. LEXIS 124736).
WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 10 (AIA America Inc. v. Avid Radiopharmaceuticals, No. 16-2647, Fed. Cir., 2017 U.S. App. LEXIS 14745).
WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which deemed jurisdiction over the dispute lacking under the collateral order doctrine (Amgen Inc. v. Hospira Inc., No. 16-2179, Fed. Cir.).
ALEXANDRIA, Va. - In an Aug. 8 decision, the Patent Trial and Appeal Board found that Comcast Cable Communications LLC established a reasonable likelihood that it will prevail on its allegation that at least one of 24 claims in an interactive program guide patent would have been obvious to a person of ordinary skill in the art (Comcast Cable Communications LLC v. Rovi Guides Inc., No. IPR2017-00744, PTAB).
ALEXANDRIA, Va. - In an Aug. 9 ruling, a Virginia federal judge declared "Booking.com" a descriptive trademark that has acquired secondary meaning in Class 43 for hotel reservation services (Booking.com B.V. v. Joseph Matal, No. 16-425, E.D. Va., 2017 U.S. Dist. LEXIS 126320).
TAMPA, Fla. - On remand from the 11th Circuit U.S. Court of Appeals, a Florida federal judge on Aug. 8 found that although the number of hours spent pursuing copyright infringement claims was "excessively high," a plaintiff was nonetheless entitled to an award of $1.1 million in attorney fees (Yellow Pages Photos Inc. v. Ziplocal LP, et al., No. 12-755, M.D. Fla., 2017 U.S. Dist. LEXIS 125028).
SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).
CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).
SHERMAN, Texas - A Texas federal judge on Aug. 7 declined to exclude testimony from two experts for a pharmaceutical company asserting patent infringement and trade secret misappropriation claims against rival companies, ruling that the experts' opinions meet all standards for expert testimony (Tech Pharmacy Services, LLC v. Alixa Rx LLC, et al., No. 4:15-cv-766, E.D. Texas, 2017 U.S. Dist. LEXIS 124423, 2017 U.S. Dist. LEXIS 123990).
WASHINGTON, D.C. - The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier Foundation, No. 16-1123, Fed. Cir., 2017 U.S. App. LEXIS 14485).
BROOKLYN, N.Y. - A New York federal judge on Aug. 3 granted an insured's motion for partial summary judgment by declaring that it is entitled to independent counsel in an underlying trademark infringement lawsuit insofar as the underlying action involves claims for punitive damages, denying a commercial general liability insurer's motion to dismiss the insured's breach of contract suit (Med-Plus, Inc. v. American Casualty Company of Reading, PA, No. 16-2985, E.D. N.Y., 2017 U.S. Dist. LEXIS 123553).
SAN FRANCISCO - The Walt Disney Co. and its partners violate the Children's Online Privacy Protection Act (COPPA) by capturing children's personally identifying information while they are playing Disney's online games via smart phone apps and then selling that information to third parties, a California woman and her minor child allege in an Aug. 3 class complaint filed in the U.S. District Court for the Northern District of California (Amanda Rushing, et al. v. The Walt Disney Company, et al., No. 17-4419, N.D. Calif.).
SAN DIEGO - A California federal magistrate judge on Aug. 4 directed Conan O'Brien and other copyright infringement co-defendants to file a proposed amended answer and supplemental brief justifying their request to reopen discovery in the case, based upon representations by plaintiff's counsel that an underlying copyright registration will be canceled or corrected (Robert Alexander Kaseberg v. Conan O'Brien, et al., No. 15-1637, S.D. Calif., 2017 U.S. Dist. LEXIS 123703).
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that confirmed the validity of a household blender patent was reversed Aug. 4 by a divided Federal Circuit U.S. Court of Appeals (Homeland Housewares LLC v. Whirlpool Corporation, No. 16-1511, Fed. Cir., 2017 U.S. App. LEXIS 14332).
NEW YORK - A New York federal judge on Aug. 2 granted summary judgment to The UPS Store Inc., United Parcel Service and owners of Manhattan UPS stores accused of false advertising under the Lanham Act, saying that UPS franchisees lacked standing to bring their claims (The UPS Store, Inc., et al. v. Robert Hagan, et al., No. 14-cv-1210, S.D. N.Y., 2017 U.S. Dist. LEXIS 121352).
SAN FRANCISCO - Although a defendant won dismissal of allegations that he violated the Sherman Act, 15 U.S.C. 2, a plaintiff's request for a declaration of inequitable conduct before the U.S. Patent and Trademark Office (PTO) will proceed, a California federal judge ruled Aug. 2 (Ojmar US LLC v. Security People Inc., et al., No. 16-4948, N.D. Calif., 2017 U.S. Dist. LEXIS 121825).
CHARLESTON, W.Va. - Allegations of copyright infringement by a software provider against a former employee stemming from his allegedly unauthorized use of source code are unlikely to succeed, a West Virginia federal judge held Aug. 1, denying entry of preliminary injunctive relief (CSS Inc. v. Christopher Herrington, et al., No. 16-1762, S.D. W.Va., 2017 U.S. Dist. LEXIS 120396).
WASHINGTON, D.C. - A Connecticut federal judge did not err in finding that no reasonable juror could find that accused products using direct DNA and RNA detection infringe a patent covering indirect DNA and RNA detection, even under the doctrine of equivalents, the Federal Circuit U.S. Court of Appeals ruled Aug. 2 (Enzo Biochem Inc., et al. v. Applera Corp., et al., No. 16-1881, Fed. Cir., 2017 U.S. App. LEXIS 14125).
ALEXANDRIA, Va. - An inter partes review of the patented HIV-inhibiting prodrug Lexiva ended in a July 28 ruling by the Patent Trial and Appeal Board confirming the patentability of five disputed claims, effectively blocking generic entry to the market for the full length of owner Vertex Pharmaceuticals Inc.'s patent term (Lupin Ltd. v. Vertex Pharmaceuticals Incorporated, No. IPR2016-00558, PTAB).
ALBANY, N.Y. - A dispute over the "FLAX" trademark was resolved Aug. 1 in favor of the mark owner, when a New York federal judge found that a defendant's use of "Dr. Flax" was likely to cause confusion (Heartland Trademarks Ltd. v. Dr. Flax LLC, No. 17-795, N.D. N.Y., 2017 U.S. Dist. LEXIS 120440).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 28 reversed and remanded a lower court's ruling that an insurer has no duty to defend a road repair corporation insured against false representation, monopolization and unfair and deceptive trade practices counterclaims in an infringement dispute over a patent that protected a particular pavement-lifting process (Uretek Inc. v. Continental Casualty Co., No. 15-20104, 5th Cir., 2017 U.S. App. LEXIS 13707).
RICHMOND, Va. - A domain registry firm that prevailed in a Lanham Act false advertising suit appealed a denial of its quest for attorney fees to the Fourth Circuit U.S. Court of Appeals, arguing in a July 31 brief that a trial court used the incorrect evidentiary standard and failed to consider evidence of the plaintiff's improper motive in filing suit (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).
NEW YORK - Following an appeals court ruling and a denial of certiorari, the founder of now-defunct online music-sharing service MP3tunes LLC on July 28 asked a New York federal judge to grant him relief from a previous adverse judgment, citing new precedent that he says controls what claims may be brought against an out-of-state defendant (Capitol Records LLC, et al. v. MP3tunes LLC, et al., No. 1:07-cv-09931, S.D. N.Y.).