CHICAGO - Allegations of trade dress infringement by the maker of personal care kits were properly rejected by an Illinois federal judge, the Seventh Circuit U.S. Court of Appeals concluded Jan. 27 (Arlington Specialties Inc. v. Urban Aid Inc., No. 14-3416, 7th Cir., 2017 U.S. App. LEXIS 1506).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Jan. 27 affirmed a lower federal court's judgment against an insurer on an insured's breach of contract and bad faith claims, finding that the insurer has a duty to defend its insured against two underlying product disparagement lawsuits brought by competitors (Millennium Laboratories, Inc. v. Darwin Select Insurance Co., No. 15-55227, 9th Cir., 2017 U.S. App. LEXIS 1533).
SAN FRANCISCO - In a Jan. 26 brief, Apple Inc. asks the Ninth Circuit U.S. Court of Appeals to rehear, or rehear en banc, a putative class action alleging price fixing and monopolization related to the selling of iPhone apps in its App Store, arguing that a panel decision did not properly apply controlling case law and unnecessarily created a circuit split (In re Apple iPhone Antitrust Litigation, No. 14-15000, 9th Cir.).
CHICAGO - Efforts by an individual defendant accused of trademark infringement to obtain dismissal on jurisdictional grounds were rejected Jan. 25 by an Illinois federal judge, who noted that the person - as owner and director of a co-defendant corporation - would be "be significantly involved in the case regardless of the claims against him personally" (Deckers Outdoor Corporation v. Australian Leather Pty. Ltd., et al., No. 16-3676, N.D. Ill.; 2017 U.S. Dist. LEXIS 11087).
WASHINGTON, D.C. - A preliminary injunction granted by an Illinois federal judge was premised on an erroneous construction of the disputed claim term "controller" as it appears in a patent relating to garage door openers, the Federal Circuit U.S. Court of Appeals ruled Jan. 25 (The Chamberlain Group Inc. v. Techtronic Industries North America Inc., et al., Nos. 16-2713, 17-1220, Fed. Cir.; 2017 U.S. App. LEXIS 1294).
WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded Jan. 26 (Securus Technologies Inc. v. Global Tel*Link Corporation, Nos. 16-1470, -1506, Fed. Cir.; 2017 U.S. App. LEXIS 1376).
ALEXANDRIA, Va. - An examiner's rejection on obviousness grounds of a method for genetically modifying plants was not erroneous, the Patent Trial and Appeal Board ruled Jan. 26 (Ex parte Monika Liljedahl, et al., No. 2014-009486, PTAB).
WASHINGTON, D.C. - An Illinois federal judge did not err in concluding, following a bench trial, that a defendant's assertion of patent invalidity fails as a matter of law, the Federal Circuit U.S. Court of Appeals ruled Jan. 26 (Cumberland Pharmaceuticals v. Mylan Institution LLC, et al., Nos. 16-1155, -1259, Fed. Cir.; 2017 U.S. App. LEXIS 1375).
ALEXANDRIA, Va. - A petition by Emerson Electric Co. for covered business method (CBM) review of a communication patent was granted Jan. 23 by the Patent Trial and Appeal Board (Emerson Electric Company v. SIPCO LLC, No. CBM2016-00095, PTAB).
HOUSTON - Each issue of a daily newsletter constitutes a single work, and an annual subscription does not constitute a compilation under the Copyright Act, a Texas federal judge ruled Jan. 24 (Energy Intelligence Group Inc. v. Kayne Anderson Capital Advisors LP and KA Fund Advisors LP, No. 14-1903, S.D. Texas; 2017 U.S. Dist. LEXIS 9426).
MARSHALL, Texas - Weeks after it was awarded $17.4 million as a reasonable royalty on willful patent infringement by Smith & Nephew Inc. and Arthrocare Corp. (Smith & Nephew, collectively), Arthrex Inc. was denied an award of attorney fees by a Texas federal magistrate judge on Jan. 25 (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 15-1047, E.D. Texas; 2017 U.S. Dist. LEXIS 10141).
MIAMI - Concluding that a former employee was properly terminated for cause, an 11th Circuit U.S. Court of Appeals panel on Jan. 25 ruled that he violated both the Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) by accessing the emails of other employees without authorization (Brown Jordan International Inc., et al. v. Christopher Carmicle, No. 16-11350, 11th Cir.; 2017 U.S. App. LEXIS 1310).
TRENTON, N.J. - A dispute over methodologies and inventions used in the gaming industry will proceed with new allegations of trade secret misappropriation and patent infringement, a New Jersey federal magistrate judge ruled Jan. 24 in an unpublished decision (High Five Games LLC v. Daniel Marks, et al., No. 13-7161, D. N.J.; 2017 U.S. Dist. LEXIS 9302).
WASHINGTON, D.C. - A Texas federal judge did not abuse his discretion in finding that the owner of a patented mechanism for filling water balloons was likely to succeed on its claim that a competitor committed patent infringement, the Federal Circuit U.S. Court of Appeals ruled Jan. 24 (Tinnus Enterprises LLC v. Telebrands Corporation, No. 16-1410, Fed. Cir.).
ATLANTA - A Florida federal judge abused his discretion when awarding a prevailing copyright infringement plaintiff just 4.9 percent of the attorney fees and 6.8 percent of the costs it requested in connection with a successful copyright infringement case, the 11th Circuit U.S. Court of Appeals ruled Jan. 24 (Yellow Pages Photos Inc. v. Ziplocal LP, No. 16-11868, 11th Cir.; 2017 U.S. App. LEXIS 1197).
ALEXANDRIA, Va. - A patented system and method for sharing information in a distributed system of different networks is invalid under the Patent Act, according to a Jan. 18 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (BMW of North America LLC v. Stragent LLC, No. IPR2017-00676, PTAB).
WASHINGTON, D.C. - A Texas federal judge's summary judgment that a defendant did not infringe a patented process for producing the antioxidant coenzyme CoQ10 was reversed and remanded Jan. 23 by the Federal Circuit U.S. Court of Appeals (Zhejiang Medicine Co. Ltd. and ZMC-USA LLC v. Kaneka Corp., No. 16-1390, Fed. Cir.).
CINCINNATI - When an intent-to-use (ITU) trademark applicant proceeding under Lanham Act 1(b) lacks a bona fide intent to produce some, but not all, of the goods and services listed in the application, the application "should not be voided in its entirety absent fraud or other egregious conduct," a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Jan. 23 (Kelly Services Inc. v. Creative Harbor LLC, No. 16-1200, 6th Cir.; 2017 U.S. App. LEXIS 1131).
PASADENA, Calif. - An adult entertainment site operator failed to establish that a usenet provider acted volitionally in or obtained any direct financial benefit from its users' infringing of the site's copyrighted images, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 23, affirming dismissal of direct and indirect infringement claims against the defendant (Perfect 10 Inc. v. Giganews Inc., et al., No. 15-55500, 15-55523 and 15-56026, 9th Cir.).
CENTRAL ISLIP, N.Y. - Allegations of copyright infringement levied in connection with a "look-a-like" home were dismissed Jan. 20 without leave to amend by a New York federal judge (Seth Fortgang, et al. v. Pereiras Architects Ubiquitous LLC, et al., No. 16-3754, E.D. N.Y.; 2017 U.S. Dist. LEXIS 8175).
ATLANTA - A Georgia federal judge's March 2016 grant of a motion by Tyler Perry for judgment on the pleadings with regard to allegations the filmmaker infringed a copyrighted book was not erroneous, the 11th Circuit U.S. Court of Appeals ruled Jan. 19 (Terri Strickland v. Tyler Perry, No. 16-11601, 11th Cir.; 2017 U.S. App. LEXIS 959).
ATLANTA - A decision by a Florida federal judge to award $13,961 in attorney fees under Section 505 of the Copyright Act will stand in light of a Jan. 18 ruling by the 11th Circuit U.S. Court of Appeals (Dan Pronman, et al. v. Brian Styles, et al., No. 16-12157, 11th Cir.; 2017 U.S. App. LEXIS 824).
WILMINGTON, Del. - Allegations that Bloomberg L.P. and Bloomberg Finance L.P. (Bloomberg, collectively) infringed a patented method for providing subscribers with real-time financial market information were rejected Jan. 19 by a Delaware federal judge in response to a defense motion for summary judgment (Quest Licensing Corporation v. Bloomberg L.P. and Bloomberg Finance L.P., No. 14-561, D. Del.; 2017 U.S. Dist. LEXIS 7200).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).
ALEXANDRIA, Va. - Just three months after seeking inter partes review (IPR) by the Patent Trial and Appeal Board of a media delivery patent, Facebook Inc. and Instagram LLC on Jan. 15 filed a second petition for IPR of the same patent (Facebook Inc., et al. v. Skky LLC, No. IPR2017-00688, PTAB).