ALEXANDRIA, Va. - A patent that discloses an interactive video system that adjusts game play based upon the skill level of a player will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Oct. 18 (FanDuel Inc., et al. v. CG Technology Development LLC, No. IPR2017-00902, PTAB).
SAN FRANCISCO - Allegations that a copyright infringement case is time-barred as well as deficient for failure to satisfy the registration requirement of the Copyright Act, 17 U.S.C. 411, were turned away Oct. 18 by a California federal judge (Margaret Eve-Lynne Miyasaki v. Kyna Treacy, No. 12-4427, N.D. Calif., 2017 U.S. Dist. LEXIS 172705).
ALEXANDRIA, Va. - A Native American tribe filed a 12-count patent infringement lawsuit Oct. 18 against Amazon.com Inc. in Virginia federal court relating to six patents that had been transferred to the tribe by a computer technology company two months earlier (SRC Labs, LLC, et al. v. Amazon Web Services, Inc., et al., No. 2:17-cv-00547, E.D. Va.).
ORLANDO, Fla. - A declaratory judgment defendant and copyright, trademark and trade dress infringement counterclaimant partly prevailed Oct. 18 before a Florida federal magistrate judge, who agreed to strike various affirmative defenses raised in response to the counterclaims (Systematic Home Staging LLC v. MHM Professional Staging LLC, No. 17-1327, M.D. Fla., 2017 U.S. Dist. LEXIS 172036).
WASHINGTON, D.C. - An Illinois federal judge did not err in declaring four patents ineligible under Section 101 of the Patent Act, 35 U.S.C. 101, because the invention is directed to the abstract idea of paying for public transportation with a credit card and lacks a sufficiently inventive concept, the Federal Circuit U.S. Court of Appeals ruled Oct. 18 (Smart Systems Innovations LLC v. Chicago Transit Authority, et al., No. 16-1233, Fed. Cir., 2017 U.S. App. LEXIS 20333).
WASHINGTON, D.C. - A limited exclusion order entered by the International Trade Commission (ITC) against Arista Networks Inc. based upon findings that Arista infringed three Cisco Systems Inc. patents was upheld Oct. 18 by the Federal Circuit U.S. Court of Appeals, which found no error in the ITC's determination of infringement (Arista Networks Inc. v. International Trade Commission, No. 16-2563, Fed. Cir.).
SEATTLE - Even though a patent infringement case was recently transferred from a California federal court, a Washington federal judge on Oct. 17 found that he would maintain jurisdiction over an inventor's claim for violation of California's unfair competition law (UCL) and refused to dismiss the claim (Elliot Kremerman v. Open Source Steel, LLC, et al., No. 2:17-cv-953, W.D. Wash., 2017 U.S. Dist. LEXIS 171735).
HONOLULU - Although refusing to dismiss a copyright infringement case outright as a sanction for providing insufficient discovery responses, a Hawaii federal judge on Oct. 17 ordered a plaintiff to supplement the discovery responses, attend a status conference and be deposed, as well as pay all court reporter fees associated with the deposition (Keoni Payton v. Defend Inc., et al., No. 15-238, D. Hawaii, 2017 U.S. Dist. LEXIS 171877).
ATLANTA - A Florida federal judge's decision to deny a preliminary injunction barring an infringement defendant from using the "HealthPrint" trademark was affirmed Oct. 17 by the 11th Circuit U.S. Court of Appeals, which found that evidence of actual confusion is lacking in the case (Superior Consulting Services Inc. v. Shaklee Corporation, No. 17-11210, 11th Cir., 2017 U.S. App. LEXIS 20265).
SAN FRANCISCO - A woman whose husband and son were killed in the July 2016 terror attack in Nice, France, filed a complaint in California federal court on Oct. 12 against Twitter Inc., Facebook Inc. and Google Inc., alleging that the three social network operators violated the Antiterrorism Act (ATA) by permitting terrorists, including the Nice attacker, to use their online platforms to carry out their terrorist activities (Kimberly Copeland v. Twitter Inc., et al., No. 3:17-cv-05851, N.D. Calif.).
MARSHALL, Texas - Out of an abundance of caution, and with "serious concerns" about a drugmaker's attempt at shielding its patents from review by using an Indian tribe's sovereign immunity, a Texas federal judge on Oct. 16 joined the tribe as a plaintiff in the drugmaker's infringement lawsuit (Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-1455, E.D. Texas, 2017 U.S. Dist. LEXIS 170825).
WASHINGTON, D.C. - A California federal judge did not err in dismissing an infringement action because the patents in suit are directed to patent-ineligible subject matter under Section 101 of the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled Oct. 16 (Secured Mail Solutions LLC v. Universal Wilde Inc., No. 16-1728, Fed. Cir.).
WASHINGTON, D.C. - In its Oct. 16 order list, the U.S. Supreme Court denied a petition for certiorari in which two men asserted that the term "google" has become generic and, thus, is no longer entitled to trademark protection (David Elliott, et al. v. Google Inc., No. 17-258, U.S. Sup.).
HARTFORD, Conn. - Investors have properly pleaded each of their state and federal securities laws claims against the co-founder of a virtual currency mining company, a federal judge in Connecticut ruled Oct. 11 in denying the defendant's motion to dismiss all claims against him (Denis M. Audet, et al. v. Stuart A. Fraser, et al., No. 16-0940, D. Conn., 2017 U.S. Dist. LEXIS 167830).
ALEXANDRIA, Va. - Thirty claims of a patent covering methods of treating arthritis through oral administration of a pharmaceutical comprised of zoledronic acid are "extremely broad," and the patent's specification "simply fails to enable their full scope," a petitioner for post-grant review told the Patent Trial and Appeal Board on Oct. 10 (Grunenthal GmbH v. Antecip Bioventures II LLC, PGR2018-00001, PTAB).
ALEXANDRIA, Va. - A patented method for generating an edited video data stream will be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Oct. 11 (Samsung Electronics America Inc. v. Prisua Engineering Corp., No. IPR2017-01188, PTAB).
ALEXANDRIA, Va. - A challenge of a patent covering a system and method for communication between two or more disparate networks in parallel was turned away on Oct. 10 by the Patent Trial and Appeal Board, which exercised its discretion pursuant to Section 325(d) of the America Invents Act, 35 U.S.C. 325(d) (IPR) (Viptela Inc. v. Fatpipe Networks Private Ltd., No. IPR2017-01126, PTAB).
ATLANTA - Appealing a lower court's finding that a visually impaired man sufficiently alleged that its website's purported lack of accessibility violates the Americans with Disabilities Act (ADA), Winn-Dixie Stores Inc. tells the 11th Circuit U.S. Court of Appeals in an Oct. 10 brief that the statute's accessibility requirements apply to physical locations, not websites (Winn-Dixie Stores Inc. v. Juan Carlos Gil, No. 17-13467, 11th Cir.).
WASHINGTON, D.C. - In its Oct. 10 order list, the U.S. Supreme denied a petition for certiorari in a children's pillowcase maker's suit against Amazon.com Inc., declining to consider questions regarding an online retailer's liability for the sale of a third party's goods that infringe another's patents or copyrights (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 17-287, U.S. Sup.).
WASHINGTON, D.C. - After being fully briefed in a putative class action over alleged anti-competitive behavior by Apple Inc. related to its App Store, the U.S. Supreme Court in its Oct. 10 order list invited the U.S. solicitor general to file a brief expressing the government's views on antitrust standing of direct and indirect purchasers, seeking input in considering Apple's petition for certiorari (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).
CHICAGO - A company has failed to show that its trade secrets misappropriation, trademark infringement, breach of contract and other claims against its former business partner are plausible on their face and, thus, dismissal of those claims is warranted, the former business partner argues in an Oct. 10 motion to dismiss filed in Illinois federal court (Mighty Deer Lick Inc., d/b/a Mighty Deer Lick Sweet Apple Inc., v. Morton Salt Inc., No. 17-5875, N.D. Ill.).
WASHINGTON, D.C. - A determination by the U.S. Patent and Trademark Office (PTO) - later upheld by a Virginia federal judge - that an attorney should be excluded from practicing before the PTO in light of his disbarment in North Carolina was itself upheld on Oct. 12 by the Federal Circuit U.S. Court of Appeals (Richard Polidi v. U.S. Patent and Trademark Office, No. 16-1997, Fed. Cir.).
BOSTON - The First Circuit U.S. Court of Appeals on Oct. 11 upheld findings by a Massachusetts federal judge that a disgruntled civil litigant conveyed a nonexclusive license to the "Ripoff Report" website when he clicked a box acknowledging that a user who posts on the site agrees to give the site's owner an "irrevocable right" to display the posting (Small Justice LLC, et al. v. Xcentric Ventures LLC, Nos. 15-1506, 16-1085, 1st Cir., 2017 U.S. App. LEXIS 19866).
ALEXANDRIA, Va. - In an Oct. 10 ruling, the Patent Trial and Appeal Board agreed to institute inter partes review (IPR) of a patented system for measuring data remotely (Unified Patents Inc. v. Kamatani Cloud LLC, No. IPR2017-01370, PTAB).
WASHINGTON, D.C. - In its Oct. 10 orders list, the U.S. Supreme Court announced that it will not review a case that posed the question of which test for substantial similarity controls when determining whether copyright infringement has occurred (Shame On You Productions Inc. v. Elizabeth Banks, et al., No. 17-180, U.S. Sup.).