DETROIT - An expert may offer damages testimony on behalf of Garmin International Inc. in a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Sept. 12 (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 122922).
WASHINGTON, D.C. - Although reaffirming a jury's finding that three patents are valid and willfully infringed, the Federal Circuit U.S. Court of Appeals on Sept. 12 vacated a Michigan federal judge's award of treble damages and his subsequent determination that the case qualifies as exceptional (Stryker Corp. v. Zimmer Inc., et al., No. 13-1668, Fed. Cir.; 2016 U.S. App. LEXIS 16646).
WASHINGTON, D.C. - A Virginia federal judge erred in finding no substantial controversy between a plaintiff and defendant in a patent lawsuit that requested a declaration of noninfringement and invalidity, the Federal Circuit U.S. Court of Appeals ruled Sept. 8 (Asia Vital Components Co. v. Asetek Danmark A/S, No. 15-1597, Fed. Cir.; 2016 U.S. App. LEXIS 16476).
SEATTLE - A locksmith failed to plausibly establish that Yelp Inc. was the creator of negative online reviews of his business, a Ninth Circuit U.S. Court of Appeals panel held Sept. 12, affirming a trial court's finding that the locksmith's libel claims were barred by the immunity provisions of the Communications Decency Act (CDA) for interactive computer service providers (Douglas L. Kimzey v. Yelp Inc., No. 14-35487, 9th Cir.; 2016 U.S. App. LEXIS 16665).
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals order requiring Backpage.com LLC CEO Carl Ferrer to comply with a discovery subpoena related to a sex trafficking investigation should stand, a U.S. Senate subcommittee told the U.S. Supreme Court on Sept. 9, opposing Ferrer's application to stay the order pending high court review (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16A236, U.S. Sup.).
WASHINGTON, D.C. - The Patent Trial and Appeal Board properly held two claims of two patents invalid, but erroneously deemed five other claims not anticipated and not obvious, according to a divided ruling by the Federal Circuit U.S. Court of Appeals on Sept. 9 (Software Rights Archive LLC v. Facebook Inc., et al., Nos. 15-1649, -1650, -1651, Fed. Cir.; 2016 U.S. App. LEXIS 16561).
NEW YORK - Findings by a New York federal judge that the marketer of a home pregnancy test committed false advertising under the Lanham Act by implying that the product measures weeks of pregnancy in a manner consistent with that used by doctors were affirmed Sept. 9 by the Second Circuit U.S. Court of Appeals (Church & Dwight Co. Inc. v. SPD Swiss Precision Diagnostics GMBH, No. 15-2411, 2nd Cir.; 2016 U.S. App. LEXIS 16625).
WILMINGTON, Del. - Efforts by a patent infringement defendant to obtain dismissal of allegations that it infringed four patents were unsuccessful on Sept. 7 when a Delaware federal judge found that it remains unclear whether the patents in suit are invalid under 35 U.S. Code Section 101 (JSDQ Mesh Technologies LLC v. Fluidmesh Networks LLC, No. 16-212, D. Del.; 2016 U.S. Dist. LEXIS 119811).
WASHINGTON, D.C. - Findings in favor of a declaratory judgment plaintiff that patented monoclonal antibodies are not infringed by chimeric and humanized antibodies found in the "Cimzia" anti-inflammatory drug will stand in light of a Sept. 8 ruling by the Federal Circuit U.S. Court of Appeals (UCB Inc. v. Yeda Research and Development Co., No. 15-1957, Fed. Cir.; 2016 U.S. App. LEXIS 16474).
MINNEAPOLIS - Heart device maker St. Jude Medical Inc. on Sept. 7 sued a hedge fund and a cybersecurity research firm for defamation for issuing a report that St. Jude's devices can be hacked and that patients should disable remote monitoring devices (St. Jude Medical, Inc. v. Muddy Waters Consulting LLC, et al., No. 16-03002, D. Minn.).
NEW ORLEANS - A $15 million judgment on allegations of trade secret misappropriation will stand, in light of findings on Sept. 7 by the Fifth Circuit U.S. Court of Appeals that the case is not preempted by the Copyright Act (GlobeRanger Corporation v. Software AG, No. 15-10121, 5th Cir.; 2016 U.S. App. LEXIS 16429).
PHILADELPHIA - A Delaware federal judge erred in treating antitrust standing as an issue of subject matter jurisdiction in dismissing a putative class action against alleged supracompetitive pricing of medicated eye drops, the Third Circuit U.S. Court of Appeals ruled Sept. 7 (Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd., et al., No. 15-3289, 3rd Cir.; 2016 U.S. App. LEXIS 16404).
WASHINGTON, D.C. - One day after the District of Columbia Circuit U.S. Court of Appeals ordered Backpage.com LLC Chief Executive Officer Carl Ferrer to comply with a U.S. Senate subcommittee's discovery subpoena, the U.S. Supreme Court on Sept. 6 temporarily stayed the appeals court's ruling pending Ferrer's appeal to the high court (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16A236, U.S. Sup.).
SAN FRANCISCO - A California federal judge on Sept. 6 dismissed an organic spice maker's claims for trademark infringement with leave to amend, but allowed its claims for violation of various California laws (Morton & Basset LLC v. Organic Spices Inc., No. 15-cv-01849, N.D. Calif.; 2016 U.S. Dist. LEXIS 120092).
WASHINGTON, D.C. - Three weeks after the CEO of online classifieds website operator Backpage.com LLC was granted an emergency stay from a trial court's order requiring him to comply with a U.S. Senate subcommittee's discovery subpoena related to an online sex trafficking investigation, a District of Columbia Circuit U.S. Court of Appeals panel majority on Sept. 2 dissolved the stay and affirmed the order requiring compliance (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that the use of desugared, sugar beet molasses (DSBM) to deice road surfaces would have been obvious to a person of ordinary skill in the art were reversed Aug. 31 by the Federal Circuit U.S. Court of Appeals (In re: Natural Alternatives LLC, No. 15-1911, Fed. Cir.; 2016 U.S. App. LEXIS 16278).
SAN FRANCISCO - A California federal judge properly granted three defendants summary judgment on allegations that they infringed a copyrighted two-measure vocal melody in their hit song "Domino" because the plaintiff failed to present any admissible evidence that established access to the allegedly infringed work, the Ninth Circuit U.S. Court of Appeals ruled Sept. 2 (Will Loomis v. Jessie J., et al., No. 13-57093, 9th Cir.; 2016 U.S. App. LEXIS 16261).
ALBUQUERQUE, N.M. - The trial for a trademark infringement dispute between a Native American tribe and several retailers should be delayed until the new year so the parties have time to work on a settlement, according to a joint motion filed Aug. 30 in New Mexico federal court, a day after a magistrate judge scheduled a settlement conference for the parties (The Navajo Nation, et al. v. Urban Outfitters, Inc., et al., No. 12-195, D. N.M.; 2016 U.S. Dist. LEXIS 63599).
SAN FRANCISCO - Partly reversing a lower court's summary judgment ruling in favor of Match.com LLC (Match), a Ninth Circuit U.S. Court of Appeals panel on Sept. 1 held that a woman's claim that the dating website failed to warn her about another member, who brutally attacked her, is not precluded by the Communications Decency Act (CDA) (Mary Kay Beckman v. Match.com LLC, No. 13-16324, 9th Cir.; 2016 U.S. App. LEXIS 16218).
OAKLAND, Calif. - Two weeks after a California federal judge dismissed their suit against Twitter Inc. under the Anti-Terrorism Act (ATA), the family members of two terror attack victims on Aug. 30 filed an amended complaint focusing on Twitter's purported "provision of material support" to ISIS and its supporters via its social network services (Tamara Fields, et al. v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).
LOS ANGELES - Following his June ruling that deemed a patent plaintiff's conduct "exceptional," a California federal judge on Aug. 31 ordered the plaintiff to pay several defendants $1.55 million in attorney fees (Kinglite Holdings Inc. v. Micro-Star International Co. Ltd., et al., No. 14-3009, C.D. Calif.).
SAN FRANCISCO - A California federal judge on Aug. 26 stayed a trademark infringement case filed in relation to a mark for apparel, pending the outcome of a motion to dismiss a related case filed in New York (Therapy Stores Inc. v. JGV Apparel Group LLC, et al., No. 4:16-cv-02588-YGR, N.D. Calif.; 2016 U.S. Dist. LEXIS 115012).
FORT MYERS, Fla. - A seven-count declaratory judgment counterclaim was rejected in its entirety by a Florida federal judge on Aug. 30 as a shotgun pleading without prejudice to refile, with the exception of two counts seeking cancellation of a plaintiff's copyright and an award of attorney fees, which were dismissed with prejudice (PK Studios Inc. v. R.L.R. Investments LLC, et al., No. 15-389, M.D. Fla.; 2016 U.S. Dist. LEXIS 116057).
DENVER - A claimed trade dress for retail metalworking parts and accessories of packaging in a red, yellow, black and white color combination is neither inherently distinctive, nor has it acquired secondary meaning, the 10th Circuit U.S. Court of Appeals ruled Aug. 29 (Forney Industries Inc. v. Daco of Missouri Inc., No. 15-1226, 10th Cir.; 2016 U.S. App. LEXIS 15922).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 26 affirmed a lower federal court's finding that an insurer has no duty to defend its insured against an underlying trademark dispute, concluding that the underlying claims 'looked, walked, and quacked only like typical trademark infringement claims-not unpled disparagement or trade dress claims' (S. Bertram, Inc. v. Citizens Insurance Company of America, No. 15-2552, 6th Cir.; 2016 U.S. App. LEXIS 15886).