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).
FORT WORTH, Texas - A defendant has failed to show "where, how and why" a plaintiff's planned fiberglass utility body (FUB) would infringe any protectable trade dress belonging to the defendant, thereby entitling the plaintiff to a declaration of noninfringement, a Texas federal judge ruled Aug. 29 (Industrial Models Inc. v. SNF Inc., et al., No. 15-689, N.D. Texas; 2016 U.S. Dist. LEXIS 115644).
SPRINGFIELD, Ill. - A copyright infringement plaintiff on Aug. 25 won partial summary judgment when an Illinois federal judge found that the "undisputed facts" demonstrate that three defendants copied the "particularized expression" of an idea for a clothespin featuring a silhouetted bird design (Design Ideas Ltd. v. Meijer Inc., et al., No. 15-3093, C.D. Ill.; 2016 U.S. Dist. LEXIS 113704).
SAN FRANCISCO - In an Aug. 29 ruling, a Ninth Circuit U.S. Court of Appeals found that AT&T Mobility LLC qualifies as a common carrier under the Federal Trade Commission Act (FTC Act) and, as such, is exempt from the Federal Trade Commission's claims of alleged "data throttling" brought under the act (Federal Trade Commission v. AT&T Mobility LLC, No. 15-16585, 9th Cir.; 2016 U.S. App. LEXIS 15913).
MINNEAPOLIS - A dispute over allegations that three defendants misappropriated trade secrets by emailing themselves certain documents before leaving the employ of a plaintiff will proceed without a temporary restraining order (TRO) in place, in light of an Aug. 24 ruling by a Minnesota federal judge (Berkley Risk Administrators Company v. Accident Fund Holdings Group, et al., No. 16-2671, D. Minn.; 2016 U.S. Dist. LEXIS 113421).
SAN FRANCISCO - Allegations by Trader Joe's Co. that a Canadian grocer committed trademark infringement should not have been dismissed, for the plaintiff alleged a sufficient nexus between the grocer's conduct and American commerce to warrant extraterritorial application of the Lanham Act, the Ninth Circuit U.S. Court of Appeals ruled Aug. 26 (Trader Joe's Co. v. Michael Hallatt, No. 14-35035, 9th Cir.; 2016 U.S. App. LEXIS 15792).
ALEXANDRIA, Va. - A claimed method of sending to a verified user a warning that a potentially fraudulent event has occurred and then requiring the user to acknowledge the event is invalid under 35 U.S. Code Section 101, according to an Aug. 24 petition for covered business method (CBM) review filed with the Patent Trial and Appeal Board (Twilio Inc. v. Telesign Corporation, No. CBM2016-00099, PTAB).
ST. PAUL, Minn. - A loan referral firm's sending of more than 1,000 solicitation emails to recipients it knew were in Minnesota constituted sufficient contacts to establish jurisdiction over it in the state, the en banc Minnesota Supreme Court ruled Aug. 24, affirming two lower court rulings in a consumer protection class action (Scott Rilley, et al. v. MoneyMutual LLC, No. A14-1307, Minn. Sup.; 2016 Minn. LEXIS 526).