NEW ORLEANS - A Texas federal judge erroneously denied Becton Dickinson & Co. (BD) judgment as a matter of law (JMOL) on allegations by a plaintiff that BD attempted to monopolize the market for safety syringes through various deceptive practices, the Fifth Circuit U.S. Court of Appeals held Dec. 2 (Retractable Technologies Inc. v. Becton Dickinson & Company, No. 14-41384, 5th Cir.; 2016 U.S. App. LEXIS 21556).
WASHINGTON, D.C. - Two inter partes re-examinations by the U.S. Patent Trial and Appeal Board that led to findings of patent invalidity were proper, the Federal Circuit U.S. Court of Appeals ruled Dec. 2 (Dako Denmark A/S v. Leica Biosystems Melbourne Party Ltd., No. 16-1000, Fed. Cir.).
WASHINGTON, D.C. - Acting on the recommendation of the U.S. solicitor general, the U.S. Supreme Court on Dec. 2 granted certiorari in a case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use of patented items to prevent an exhaustion of their rights (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).
EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions to be civil contempt and sanctioned him in amount equivalent to the defendant's remaining costs related to the misconduct (Lightspeed Media Corp. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2016 U.S. Dist. LEXIS 162981).
CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing Inc. d/b/a NDY MFG Inc. v. Pride Solutions LLC and May Wes Manufacturing, No. 13-3418, N.D. Ill.; 2016 U.S. Dist. LEXIS 163756).
ALEXANDRIA, Va. - Allegations by Microsoft Corp. that a patent claiming a complex chat room communications system would have been obvious to one of ordinary skill in the art were rejected Nov. 29 by the Patent Trial and Appeal Board (Microsoft Corp. v. Windy City Innovations LLC, No. IPR2016-01146, PTAB).
LOS ANGELES - A dispute between a fabric designer and a manufacturer and retailer accused of selling garments that infringe upon numerous copyrighted designs will proceed, in light of a Nov. 28 decision by a California federal judge to deny the fabric designer partial summary judgment (Urban Textile v. Mark Edwards Apparel Inc., et al., No. 14-8285, C.D. Calif.; 2016 U.S. Dist. LEXIS 163650).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Nov. 22 affirmed a lower federal court's ruling in favor of an insurer in a lawyer and his consulting firm's lawsuit alleging breach of contract, unjust enrichment, conversion, unauthorized use of name and trademark and copyright infringement (Devil's Advocate LLC, et al. v. Zurich American Insurance Co., No. 15-1048, 4th Cir.; 2016 U.S. App. LEXIS 20952).
ALEXANDRIA, Va. - A patent covering a system that discloses the number of occupants in a vehicle traveling in a high occupancy vehicle (HOV) lane will face inter partes review (IPR), the Patent Trial and Appeal Board announced Nov. 22 (Los Angeles County Metropolitan Transportation Authority v. Transport Technologies LLC, No. IPR2016-01077, PTAB).
BOSTON - Allegations of direct, induced and willful patent infringement will proceed in Massachusetts federal court, but a claim for contributory patent infringement was dismissed Nov. 23 (Sunrise Technologies Inc. v. Cimcon Lighting Inc., No. 15-11545, D. Mass.; 2016 U.S. Dist. LEXIS 162557).
ATLANTA - Finding no error in a Georgia federal judge's conclusion that a plaintiff released its claims for copyright infringement in a previous settlement agreement with third-party retailer Lands' End, the 11th Circuit U.S. Court of Appeals on Nov. 22 affirmed a grant of summary judgment on behalf of four defendants (Genesys Software Systems v. Ceridian Corporation, et. al., No. 16-10773, 11th Cir.; 2016 U.S. App. LEXIS 20914).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 23 dismissed an appeal of a borrower's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), finding that a letter he sent was not considered a qualified written request and that his TILA claim was barred by a statute of limitations (Joseph A. Guerra v. Just Mortgage, Inc., et al., No. 13-16725, 9th Cir.; 2016 U.S. App. LEXIS 21108).
ALEXANDRIA, Va. - Assertions by Facebook Inc. that a patented method of wirelessly delivering digital audio and visual files claims ineligible subject matter pursuant to 35 U.S. Code Section 101 will not be reached in light of a Nov. 23 ruling by the Patent Trial and Appeal Board (Facebook Inc. v. Skyy LLC, No. CBM2016-00091, PTAB).
SAN FRANCISCO - A California federal judge properly awarded Electronic Arts Inc. (EA) judgment as a matter of law (JMOL) that the videogame maker did not infringe the copyrighted computer code of the original John Madden Football series, the Ninth Circuit U.S. Court of Appeals ruled Nov. 22 (Robin Antonick v. Electronic Arts Inc., No. 14-15298, 9th Cir.; 2016 U.S. App. LEXIS 20933).
ALEXANDRIA, Va. - Arguments by Mylan Pharmaceuticals Inc. that a patented drug delivery system associated with the attention deficit hyperactivity disorder (ADHD) drug Adderall XR is invalid were well received Nov. 17 by the Patent Trial and Appeal Board, which agreed to institute inter partes review (Mylan Pharmaceuticals Inc. v. Shire Laboratories Inc., No. IPR2016-01033, PTAB).
OAKLAND, Calif. - Dismissing terrorism aiding claims against Twitter Inc. under the Anti-Terrorism Act (ATA) for the second time, a California federal judge on Nov. 18 found that two terror victims' family members still sought to hold the social network operator "liable as a publisher of speaker of ISIS's hateful rhetoric," which is barred by the Communications Decency Act (CDA) (Tamara Fields, et al. v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).
WASHINGTON, D.C. - A patent owner whose invention was invalidated under 35 U.S. Code Section 101 prevailed Nov. 21 before the Federal Circuit U.S. Court of Appeals, which found that the Patent Trial and Appeal Board "relied on an incorrect definition of covered business method ('CBM') patent" while evaluating a petition for CBM review by Google Inc. (Unwired Planet LLC v. Google Inc., No. 15-1812, Fed. Cir.; 2016 U.S. App. LEXIS 20764).
WASHINGTON, D.C. - Finding that the counterclaimant in a dispute over the ownership of certain motion picture technology "fail[ed] to carry the high burden . . . to overturn [a] district court's discovery determination," a Federal Circuit U.S. Court of Appeals panel on Nov. 17 denied the firm's motion for a writ of mandamus for relief from an order compelling production of purportedly privileged documents (In re: Rearden LLC, et al., No. 16-125, Fed. Cir.; 2016 U.S. App. LEXIS 20637).
WASHINGTON, D.C. - Three final decisions by the Patent Trial and Appeal Board that invalidated a patented software application as obvious and anticipated were not erroneous, the Federal Circuit U.S. Court of Appeals ruled Nov. 17 (B.E. Technology LLC v. Microsoft Corp., No. 15-1828; B.E. Technology LLC v. Google Inc., No. 15-1827; B.E. Technology v. Facebook Inc., Nos. 15-1829, -1879, Fed. Cir.).
PHILADELPHIA - The lead plaintiffs in a putative fraud and breach of contract class action against Angie's List Inc. filed a motion in Pennsylvania federal court Nov. 14, seeking final approval of a settlement in their lawsuit over the consumer review site operator's practice of obtaining revenue from service providers that are the subject of such reviews (Janell Moore, et al. v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).
SAN FRANCISCO - A defendant on Nov. 14 won the right to amend its patent invalidity contentions with more specificity, when a California federal magistrate judge agreed that the proposed amendments would not be futile (24/7 Customer Inc. v. LivePerson Inc., No. 15-2897, N.D. Calif.; 2016 U.S. Dist. LEXIS 157271).
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in concluding that it would have been obvious for a person of ordinary skill in the art to store information and data in separate memories when maintaining the information during a loss in power, the Federal Circuit U.S. Court of Appeals ruled Nov. 15 in a dispute over patented radio frequency identification (RFID) tags (Intermec Technologies Corp., et al. v. Alien Technology LLC, No. 15-1808, Fed. Cir.).
SAN FRANCISCO - In a Nov. 10 complaint filed against California Attorney General Kamala Harris in federal court, IMDb.com Inc., which operates the Internet Movie Database website, seeks injunctive and declaratory relief from a new California age discrimination law that it says constitutes "censorship in plain violation of the [First Amendment to the] U.S. Constitution" (IMDb.com Inc. v. Kamala Harris, No. 3:16-cv-06535, N.D. Calif.).
WASHINGTON, D.C. - Various asserted claims of a patent directed to a method of prioritizing search results based upon geographic location of a mobile device were properly deemed invalid as obvious, the Federal Circuit U.S. Court of Appeals concluded Nov. 15 (Unwired Planet LLC v. Google Inc., Nos. 15-1810, -1811, Fed. Cir.).
LOS ANGELES - Two former U.S. Congressmen saw their bid to participate in a lawsuit pertaining to the Family Movie Act of 2005 (FMA) as amici curiae denied by a California federal judge Nov. 10, with the judge finding their motion to be untimely because it was filed more than 30 days after the parties' principal briefs relating to a pending motion to preliminarily enjoin an online video-on-demand (VOD) service from purportedly infringing copyrighted works (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).