MIAMI - Breaking with federal courts in New York and California in similar litigation, a Florida federal judge on June 22 found that Flo & Eddie Inc. have no public performance rights under Florida copyright common law in The Turtles' pre-1972 sound recordings (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 13-23182, S.D. Fla.; 2015 U.S. Dist. LEXIS 80535).
WASHINGTON, D.C. - A case that could decide the question of whether restricted sales of patented articles to end users and resellers gives rise to the doctrine of patent exhaustion will be heard by an en banc Federal Circuit U.S. Court of Appeals in October, the court announced June 22 (Lexmark International Inc. v. Impression Products Inc., Nos. 14-1617, -1619, Fed. Cir.).
WASHINGTON, D.C. - A presumption employed by the Federal Circuit U.S. Court of Appeals that claims amended to overcome a disallowance by the U.S. Patent and Trademark Office (PTO) largely remain the same and that any narrowing must be clear and unmistakable is still in place after the U.S. Supreme Court on June 22 denied certiorari in a patent case brought against Google Inc. (Google Inc. v. Vederi LLC, No. 14-448, U.S. Sup.).
WASHINGTON, D.C. - Citing the principle of stare decisis, the U.S. Supreme Court on June 22 let stand its 1964 holding in Brulotte v. Thys (379 U.S. 29 ) that royalties may not be awarded for patents that have expired (Stephen Kimble et al. v. Marvel Enterprises Inc., No. 13-720, U.S. Sup.).
WASHINGTON, D.C. - A Virginia federal judge erroneously construed various claims in a traffic data patent, the Federal Circuit U.S. Court of Appeals ruled June 19 (TomTom Inc. v. Michael Adolph, No. 14-1699, Fed. Cir.; 2015 U.S. App. LEXIS 10328).
WASHINGTON, D.C. - On remand from the U.S. Supreme Court, a divided Federal Circuit U.S. Court of Appeals on June 18 again deemed the "Group I" claims of numerous multiple sclerosis drug patents invalid as indefinite (Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., Nos. 12-1567, -1568, -1569, -1570, Fed. Cir.; 2015 U.S. App. LEXIS 10229).
RICHMOND, Va. - Allegations of copyright infringement levied against pop stars Usher Raymond IV, also known as Usher, and Justin Bieber will proceed in Virginia federal court, the Fourth Circuit U.S. Court of Appeals ruled June 18 (Devin Copeland, et al. v. Justin Bieber, et al., No. 14-1427, 4th Cir.; 2015 U.S. App. LEXIS 10257).
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on June 18 denied en banc rehearing in a dispute over injunctive relief and sanctions in a patent case and instead issued a revised opinion (ePlus Inc. v. Lawson Software Inc., Nos. 13-1506, -1587, Fed. Cir.).
RICHMOND, Va. - A North Carolina federal judge did not err in granting several defendants summary judgment on allegations of false advertising under the Lanham Act, the Fourth Circuit U.S. Court of Appeals ruled June 18 (Design Resources Inc. v. Leather Industries of America et al., No. 14-1990, 4th Cir.; 2015 U.S. App. LEXIS 10258).
SPRINGFIELD, Ill. - An online comment calling a local politician a "Sandusky" implied the commission of a crime and was, therefore, defamatory, the Illinois Supreme Court held June 18, affirming the issuance of a subpoena identifying the anonymous commenter in a defamation lawsuit (Bill Hadley v. Subscriber Doe a/k/a Fuboy, No. 118000, Ill. Sup.; 2015 IL 118000; 2015 Ill. LEXIS 750).
DALLAS - A request by a trademark infringement and false designation of origin defendant to withdraw or amend its earlier admissions was granted June 16 by a Texas federal magistrate judge, over the objections of a plaintiff (Republic Title of Texas Inc. v. First Republic Title LLC, No. 14-3848, N.D. Texas; 2015 U.S. Dist. LEXIS 77352).
PHILADELPHIA - A Pennsylvania federal judge on June 17 approved a $1.2 billion settlement between Cephalon Inc. and the Federal Trade Commission in an antitrust battle accusing the company of engineering reverse payments with generic-drug makers made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission v. Cephalon Inc., No. 08-2141, E.D. Pa.).
NEW YORK - A default judgment entered against a defendant in a copyright and trademark infringement case should be set aside, and the complaint dismissed, a New York federal magistrate judge said in a June 17 report and recommendation (Susan Gench v. Liquid Web Inc. et al., No. 14-3592, S.D. N.Y.; 2015 U.S. Dist. LEXIS 78309).
WASHINGTON, D.C. - A determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board that five claims of a system for increasing the speed of data access are unpatentable was vacated and remanded June 16 by the Federal Circuit U.S. Court of Appeals (Microsoft Corp. v. Proxyconn Inc., Nos. 14-1542, -1543, Fed. Cir.; 2015 U.S. App. LEXIS 10081).
WASHINGTON, D.C. - A Texas federal judge erroneously denied The Gap Inc. and Direct Consumer Services LLC judgment as a matter of law (JMOL) that two patents are invalid as anticipated, the Federal Circuit U.S. Court of Appeals ruled June 16 (Alexsam Inc. v. The Gap, Inc. et al., No. 14-1564, -1705, Fed. Cir.; 2015 U.S. App. LEXIS 10079).
LOS ANGELES - A California federal judge on June 15 denied in part a motion by Sony Pictures Entertainment Inc. to dismiss a putative class action by former employees related to a 2014 data breach, finding that the plaintiffs had standing to sue and that they sufficiently alleged negligence and unfair competition claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
PASADENA, Calif. - Although a Ninth Circuit U.S. Court of Appeals panel affirmed dismissal of a political activist's federal claim related to a district attorney's online postings about her, the panel on June 15 held that the federal amount in jurisdiction threshold had been sufficiently alleged, reversing dismissal of her related state law defamation and invasion of privacy claims (Nadia Naffe v. John Patrick Frey, et al., No. 13-55666, 9th Cir.; 2015 U.S. App. LEXIS 10027).
SAN JOSE, Calif. - Finding that certain user contact information and ad-click data is necessary to decide certification of a privacy class action against Facebook Inc., a California federal judge on June 11 ordered the social network to submit a sampling of such information from 5,000 users, granting in part a named plaintiff's motion to compel (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.; 2015 U.S. Dist. LEXIS 75962).
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to terminate an earlier grant of review under the covered business method (CBM) patent review procedure is not appealable, the Federal Circuit U.S. Court of Appeals said June 16 (GTNX Inc. v. INTTRA Inc., Nos. 15-1349, -1350, -1352, -1353, Fed. Cir.).
INDIANAPOLIS - Adopting a magistrate's report and recommendation, an Indiana federal judge on June 11 entered default against two defendants in a file-sharing case, finding that their spoliation of evidence prevented the copyright holder from pursuing its infringement claims against them (Malibu Media LLC v. Kelley Tashiro, et al., No. 1:13-cv-00205, S.D. Ind.; 2015 U.S. Dist. LEXIS 75588).
NEW ORLEANS - Finding no abuse of discretion in a Texas federal judge's decision to award two copyright infringement defendants their attorney fees, the Fifth Circuit U.S. Court of Appeals on June 15 affirmed (Marshall Hunn v. Dan Wilson Homes Inc. et al., Nos. 13-11297, 14-10365, 5th Cir.; 2015 U.S. App. LEXIS 10061).
WASHINGTON, D.C. - A deeply divided en banc Federal Circuit U.S. Court of Appeals on June 16 revisited its November 2014 holding in a patent case to insert a new subsection that does away with the court's previous "heightened bar" for overcoming the presumption that a limitation expressed in functional language without using the word "means" is not subject to designation as a "means-plus-function" limitation under 35 U.S. Code Section 112, paragraph 6 (Richard A. Williamson, trustee for At Home Bondholders Liquidating Trust v. Citrix Online LLC et al., No. 13-1130, Fed. Cir.).
WASHINGTON, D.C. - Finding no error in a California federal judge's determination that a medical method patent is directed to ineligible subject matter, the Federal Circuit U.S. Court of Appeals on June 12 affirmed (Ariosa Diagnostics Inc., et al. v. Sequenom Inc., Nos. 14-1139, -1144, Fed. Cir.).
SAN JOSE, Calif. - In a motion seeking preliminary approval of a settlement, the representatives of a putative class LinkedIn Corp. users told a California federal judge on June 11 that the professionally oriented social network operator had agreed to pay $13 million to settle their unfair competition and publicity rights claims against it (Paul Perkins, et al. v. LinkedIn Corp., No. 5:13-cv-04303, N.D. Calif.).
CHICAGO - An Illinois federal judge properly granted WD-40 Co. a summary judgment of trademark noninfringement because use of the word "inhibitor" on the label of its product was fair, the Seventh Circuit U.S. Court of Appeals affirmed June 11 (Jeffrey Sorensen v. WD-40 Company, No, 14-3067, 7th Cir.; 2015 U.S. App. LEXIS 9818).