WASHINGTON, D.C. - An award of infringer's profits in a design patent case should consist only of those profits attributable to the article of manufacture to which the design patent is applied and not all profits realized from the total product, an attorney for petitioner Samsung Electronics Co. told the U.S. Supreme Court on Oct. 11 (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).
NEW YORK - Findings by a New York federal judge that Kanye West, Jay Z and other artists did not commit copyright infringement through their song "Made in America" were proper, the Second Circuit U.S. Court of Appeals ruled Oct. 7 (Joel R. McDonald aka Joel Mac v. Kanye West, et al., No. 15-3489, 2nd Cir.; 2016 U.S. App. LEXIS 18291).
WASHINGTON, D.C. - In its Oct. 11 orders list, the U.S. Supreme Court granted a request by the U.S. solicitor general to participate in upcoming oral arguments in a dispute over the copyrightability of "useful articles" (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).
WASHINGTON, D.C. - In an Oct. 7 en banc majority opinion, the Federal Circuit U.S. Court of Appeals affirmed a trial court's judgment and a jury verdict in favor of Apple Inc. against Samsung Electronics Co. in a dispute over smartphone technology patents, vacating an earlier panel ruling that had reversed the lower court's ruling (Apple Inc. v. Samsung Electronics Co., Ltd., et al., Nos. 2015-1171, 2015-1195 and 2015-1994, Fed. Cir.; 2016 U.S. App. LEXIS 18225).
CHICAGO - A woman bringing cybersquatting, fraud and defamation claims over a website created by her ex-boyfriend filed a motion to quash his discovery subpoenas in Illinois federal court on Oct. 5, asserting that the subpoenas were intended to harass and intrude on her personal life and lack any probative value related to the claims at issue in the case (Emily Mackie, et al. v. Mason Awtry, et al., No. 1:14-cv-09206, N.D. Ill.).
ALEXANDRIA, Va. - A petition for inter partes review by Minerva Surgical Inc. was granted Oct. 6 by the Patent Trial and Appeal Board, which agreed that claims 1-15 of a patented method of detecting body cavity perforations are likely invalid under 35 U.S. Code Section 103 (Minerva Surgical Inc. v. Hologic Inc., No. IPR2016-00868, PTAB).
ALEXANDRIA, Va. - A claimed method of introducing a drag-reducing polymer into a pipeline carrying a liquid hydrocarbon "was not new" and would have been obvious to one of ordinary skill in the art, Baker Hughes Incorporated asserts in an Oct. 6 petition for inter partes review by the Patent Trial and Appeal Board (Baker Hughes Incorporated v. Lubrizol Specialty Products Inc., No. IPR2016-01896, PTAB).
NEW YORK - In part two of a two-phase damages trial, jurors empaneled before U.S. Judge Laura Taylor Swain of the Southern District of New York on Oct. 5 found that Tiffany and Co. is entitled to an additional $8.25 million in punitive damages as a result of trademark infringement by Costco Wholesale Corp., sources confirmed to Mealey Publications (Tiffany and Company v. Costco Wholesale Corp., No. 13-1041, S.D. N.Y.).
NEW YORK - Although finding "much to criticize" in the conduct of an attorney who advanced allegations of copyright infringement and violations of the Lanham Act in a third-party action against Viacom and others, a New York federal judge on Oct. 5 nonetheless declined a request for sanctions in the case (Scrilla Hill Entertainment Inc., et al. v. Bianca Dupree, et al., No. 16-490, S.D. N.Y.; 2016 U.S. Dist. LEXIS 138346).
ST. LOUIS - A Missouri federal judge on Oct. 3 ruled that Lion's Choice franchisee Valley Beef LLC's continued operation of its franchise after the termination of its franchise agreement constitutes a violation of the franchise agreement and a violation of Lion' Choice's trademarks and copyrights (LC Franchisor LLC, et al. v. Valley Beef LLC, No. 4:15-cv-00383, E.D. Mo.; 2016 U.S. Dist. LEXIS 136790).
MIAMI - Efforts by 32 models to obtain, through discovery, the membership list of a defendant "swingers" club were unsuccessful on Oct. 3, when a Florida federal magistrate judge concluded that it remains unclear whether the requested information would assist the plaintiffs in determining the amount of damages available to them on their allegation that the club violated the Lanham Act (Jaime Faith Edmondson, et al. v. Velvet Lifestyles LLC, No. 15-24442, S.D. Fla.; 2016 U.S. Dist. LEXIS 136866).
WASHINGTON, D.C. - A dispute over the proper standard for disregarding or crediting the technical testimony of qualified experts when overturning a jury verdict of direct patent infringement will not be argued before the U.S. Supreme Court in an upcoming term in light of an Oct. 3 denial of certiorari; the court also turned away a petition that posed the question whether the Federal Circuit U.S. Court of Appeals erred in holding that there must be a proven reasonable expectation of success for a claimed combination invention to be deemed obvious (Commil USA LLC v. Cisco Systems Inc., No. 15-1446; E.I. du Pont de Nemours & Co. v. MacDermid Printing Solutions LLC, No. 15-1777, U.S. Sup.).
GALVESTON, Texas - In a Sept. 30 minute order, a Texas federal judge denied an application for declaratory and injunctive relief by four U.S. states that sought to halt the transfer of the U.S. government's trusteeship of certain name and addressing functions for the Internet domain name system (DNS) under its contract with the Internet Corporation for Assigned Names and Numbers (ICANN) to a newly formed private entity (State of Arizona, et al. v. National Telecommunications and Information Administration, et al., No. 3:16-cv-00274, S.D. Texas).
WASHINGTON, D.C. - A New York federal judge's decision to dismiss allegations of patent infringement levied against CBS Corp. and CBS Interactive Inc. was affirmed Sept. 30 by the Federal Circuit U.S. Court of Appeals, which ruled that Form 18 in the Appendix to the Federal Rules of Civil Procedure does not apply in cases alleging joint patent infringement (Edwin Lyda v. CBS Corporation, et al., No. 15-1923, Fed. Cir.; 2016 U.S. App. LEXIS 17694).
ALBANY, Ga. - A Georgia federal judge on Sept. 30 found that an insured did not satisfy a statutory prerequisite demand requirement by failing to provide sufficient notice of a bad faith claim or litigation to its insurer before filing its initial complaint, granting the insurer's motion for summary judgment as to the bad faith claim (Foliar Nutrients Inc., et al. v. Nationwide Agribusiness Insurance Co., No. 14-75, M.D. Ga.; 2016 U.S. Dist. LEXIS 135327).
WASHINGTON, D.C. - A petition for a writ of certiorari before judgment was denied Oct. 3 by the U.S. Supreme Court in a trademark case that presents similar issues as one that received a grant of certiorari on Sept. 30 (Pro-Football Inc. v. Amanda Blackhorse, et al., No. 15-1311, U.S. Sup.).
WASHINGTON, D.C. - Although affirming findings by a Delaware federal judge that two anti-virus patents are invalid under 35 U.S. Code Section 101, a divided Federal Circuit U.S. Court of Appeals on Sept. 30 reversed findings that a third patent asserted in the case claims patent-eligible subject matter (Intellectual Ventures I LLC v. Symantec Corp., et al., Nos. 2015-1769, -1770, -1771, Fed. Cir.; 2016 U.S. App. LEXIS 17695).
SAN FRANCISCO - Oracle America Inc. saw its post-trial motions for judgment as a matter of law (JMOL) and for a new trial denied by a California federal judge Sept. 27, who found that defendant Google Inc. did not engage in any discovery misconduct meriting a new trial (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).
WASHINGTON, D.C. - A Pennsylvania federal judge abused his discretion when striking a patent infringement defendant's answer and counterclaims as a sanction for failure to comply with two discovery orders, the Federal Circuit U.S. Court of Appeals ruled Sept. 29 (Drone Technologies Inc. v. Parrot S.A., et al., Nos. 15-1892, -1955, Fed. Cir.; 2016 U.S. App. LEXIS 17643).
ALEXANDRIA, Va. - A patent that is the subject of a lawsuit pending in Missouri federal court will also be the subject of inter partes review, the Patent Trial and Appeal Board ruled Sept. 26 (Apple Inc. v. Masa LLC, No. IPR2016-00748, PTAB).
TRENTON, N.J. - A case involving claims of willful design patent infringement will proceed without a preliminary injunction in place, a New Jersey federal judge ruled Sept. 27 (Brandywine Product Group International v. Universal Distribution Center LLC, No. 16-2248, D. N.J.; 2016 U.S. Dist. LEXIS 132195).
WASHINGTON, D.C. - In a Sept. 26 miscellaneous order list, the U.S. Supreme Court granted a motion by the U.S. solicitor general to participate as amicus curiae in the upcoming oral arguments in a design patent lawsuit between Samsung Electronics Co. and Apple Inc. pertaining to Apple smartphone designs (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).
WASHINGTON, D.C. - A ruling by the Federal Circuit U.S. Court of Appeals that deemed the Lanham Act's disparagement provision - codified at 15 U.S. Code Section 1052(a) (Section 2[a]) - unconstitutional will be reviewed by the U.S. Supreme Court, which granted certiorari Sept. 29 (Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).
WASHINGTON, D.C. - A covered business method (CBM) review of an interactive video distribution patent correctly ended in findings of patent invalidity under 35 U.S. Code Section 102, the Federal Circuit U.S. Court of Appeals ruled Sept. 26 (Intertainer Inc. v. Hulu LLC, No. 15-2065, Fed. Cir.; 2016 U.S. App. LEXIS 17452).
WASHINGTON, D.C. - Sprint Communications Co. LP and several affiliates (Sprint, collectively) prevailed Sept. 23 before the Federal Circuit U.S. Court of Appeals in their effort to overturn a Delaware federal judge's determination that six voice-over Internet protocol (VOIP) patents are invalid as indefinite under 35 U.S. Code Section 112 (Sprint Communications Company LP, et al. v. Cox Communications Inc., et al., No. 16-1013, Fed. Cir.; 2016 U.S. App. LEXIS 17372).