BENTON, Ill. - Claims by a copyright infringement defendant that it is entitled to an award of attorney fees for defending a previous action voluntarily dismissed by a plaintiff and later re-filed as a new lawsuit were rejected April 7 by an Illinois federal judge (Heartland Homes Inc. v. Homes by Deesign Inc., No. 15-583, S.D. Ill.; 2016 U.S. Dist. LEXIS 47201).
NEW ORLEANS - Efforts by an infringement plaintiff to dismiss a counterclaim seeking cancellation of the "PCS" trademark and to strike various affirmative defenses were rejected April 8 by a Louisiana federal judge (Project Consulting Services LLC v. NVI LLC, No. 15-1652, E.D. La.; 2016 U.S. Dist. LEXIS 47759).
MIAMI - Citing undisputed evidence that three plaintiffs were aware of three different copyright registrations for the musical composition "Hustlin'" - as well as that the same plaintiffs "took no steps to correct, amend or address the" multiple registrations during two years of infringement litigation - a Florida federal judge on April 8 granted dismissal of the case (William L. Roberts, et al. v. Stefan Kendal Gordy, et al., No. 13-24700, S.D. Fla.; 2016 U.S. Dist. LEXIS 47694).
WASHINGTON, D.C. - An invention directed to methods of detecting genetic variations claims unpatentable subject matter, the Federal Circuit U.S. Court of Appeals affirmed April 8 (Genetic Technologies Limited v. Merial L.L.C., et al., Nos. 15-1202, -1203, Fed. Cir.; 2016 U.S. App. LEXIS 6407).
WASHINGTON, D.C. - In a case that returned to the Federal Circuit U.S. Court of Appeals following what it deemed "an unusual set of circumstances," a divided appellate panel on April 7 found that a Florida federal judge abused his discretion in denying patent plaintiff Rembrandt Vision Technologies LP a new trial pursuant to Federal Rule of Civil Procedure (60)(b)(3) (Rembrandt Vision Technologies LP v. Johnson & Johnson Vision Care Inc., No. 15-1079, Fed. Cir.; 2016 U.S. App. LEXIS 6332).
SAN FRANCISCO - For the second time, a band saw its claims against YouTube Inc. related to its removal of the band's music video from its video-sharing website dismissed by a California federal judge, who found that the band failed to plead sufficient facts to support its conspiracy, libel and fraud claims (Song fi Inc., et al. v. Google Inc., et al., No. 3:14-cv-05080, N.D. Calif.; 2016 U.S. Dist. LEXIS 45547).
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO)'s Patent Trial and Appeal Board did not err in finding one claim of a scanning and copying patent "not unpatentable as anticipated," according to an April 5 ruling by the Federal Circuit U.S. Court of Appeals (HP Inc. v. MPHJ Technology Investments LLC, No. 15-1427, Fed. Cir.; 2016 U.S. App. LEXIS 6172).
WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board that invalidated, on anticipation grounds, seven claims of a removable electrical device brush holder patent was reversed April 6 by the Federal Circuit U.S. Court of Appeals (Cutsforth Inc. v. MotivePower Inc., No. 15-1314, Fed. Cir.; 2016 U.S. App. LEXIS 6262.).
WASHINGTON, D.C. - A California federal judge's decision to deny a joint motion for vacatur of a judgment of patent ineligibility was within his discretion, the Federal Circuit U.S. Court of Appeals ruled April 5 (Cardpool Inc. v. Plastic Jungle Inc., No. 14-1562, Fed. Cir.; 2016 U.S. App. LEXIS 6169).
SAN FRANCISCO - An Illinois man's motion to compel identifying information about an anonymous commenter from the operator of an employee gripe website was denied on April 1, with a California judge citing protections of the First Amendment to the U.S. Constitution and failure of the movant to establish a sufficient need for the information to defend against an underlying defamation claim (Mason Awtry v. Glassdoor Inc., No. 3:16-cv-80028, N.D. Calif.; 2016 U.S. Dist. LEXIS 44804).
NEW YORK - A prevailing copyright infringement plaintiff was $67,729 in attorney fees March 31 by a New York federal judge and $11,250 in statutory damages, representing three times the licensing fee the plaintiff would have charged had a defendant lawfully obtained permission to use three photographs (Erickson Productions Inc., et al. v. Only Websites Inc., et al., No. 12-1693, S.D. N.Y.; 2016 U.S. Dist. LEXIS 44790).
WASHINGTON, D.C. - In an April 1 amicus curiae brief in the U.S. Supreme Court, technology giant Intel Corp. urges the high court to grant a petition for certiorari by Google Inc. in a class complaint over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), arguing that the Ninth Circuit U.S. Court of Appeals erred in permitting certification of a class where "individualized differences in damages" were improperly ignored in favor of "the application of a statistical formula approximating the injury suffered by an average" class member (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).
SAN FRANCISCO - A California federal judge erred in finding no triable issues regarding the functionality of a Lanham Act plaintiff's display of urine test results, the Ninth Circuit U.S. Court of Appeals concluded April 4 (Millennium Laboratories Inc. v. Ameritox Ltd., No. 13-56577, 9th Cir.; 2016 U.S. App. LEXIS 6126).
WASHINGTON, D.C. - A complaint by Google Inc. seeking a declaration of patent invalidity and noninfringement can proceed in the U.S. District Court for the District of Delaware, the Federal Circuit U.S. Court of Appeals ruled April 1 (GeoTag Inc. v. Google Inc., No. 15-1140, Fed. Cir.; 2016 U.S. App. LEXIS 5966).
DULUTH, Minn. - A Minnesota federal judge on March 29 entered judgment in favor of a commercial general liability insurer one day after ruling that the insurer has no duty to defend or indemnify its insured against underlying counterclaims filed in a lawsuit over the ownership and use of the "got milk?" service marks and trademarks (Food Market Merchandising, Inc., Plaintiff, v. West Bend Mutual Insurance Co., No. 15-3347, D. Minn.; 2016 U.S. Dist. LEXIS 40770).
SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).
SHERMAN, Texas - Allegations that Samsung Electronics Co. Ltd. infringed various patents relating to image sensor technology will be amended to include Samsung's Galaxy S6 and S6 Edge products, but not the Galaxy Note 1, a Texas federal judge ruled March 30 (Imperium IP Holdings v. Samsung Electronics Co. Ltd., et al., No. 14-371, E.D. Texas.; 2016 U.S. Dist. LEXIS 41762).
CHICAGO - An Illinois federal judge on March 25 dismissed with prejudice a woman's class suit seeking to stop an online gambling game manufacturer from operating allegedly unlawful gambling devices and recovery of all monies paid by players (Margo Phillips v. Double Down Interactive LLC, No. 15-4301, N.D. Ill.; 2016 U.S. Dist. LEXIS 39189).
SAN JOSE, Calif. - Plaintiffs cannot point to sufficiently specific advertisements or claims made by Apple Inc. regarding the iPhone's Bluetooth or Wi-Fi capabilities, a federal judge in California held March 25 in dismissing unfair competition law (UCL), Business and Professions Code Section 17200, et seq., claims with prejudice (David Yastrab, et al. v. Apple Inc., No. 14-1974, N.D. Calif.).
WASHINGTON, D.C. - A trademark counterfeiting plaintiff was awarded $32,850 in attorney fees March 29 by a District of Columbia federal judge, one year after she denied such an award (Mark Greene v. William 'Billy' Brown, No. 11-2242, D. D.C.; 2016 U.S. Dist. LEXIS 40803).
NEW YORK - Although trademark plaintiffs were granted permission by a New York federal judge on March 29 to voluntarily dismiss their Lanham Act-related claims, the judge found that the case should remain in federal court in light of counterclaims that seek a declaration of noninfringement under the Lanham Act (Dov Seidman, et al. v. Chobani LLC, et al., No. 14-4050, S.D. N.Y.; 2016 U.S. Dist. LEXIS 40810).
SAN FRANCISCO - Google Inc. moved March 24 to exclude portions of a damages report prepared for Oracle America Inc., in which expert witness James Malackowski asserts that Oracle is entitled to $475 million in actual damages and as much as $8.8 billion in disgorged profits for Google's alleged infringement of Java-related copyrights (Oracle America Inc. v. Google Inc., No. 10-3561, N.D. Calif.).
AUSTIN, Texas - A patent licensing company won transfer March 28 of a declaratory judgment action to the U.S. District Court for the Eastern District of Texas, when a federal judge in the U.S. District Court for the Western District of Texas agreed that venue there was improper (Broadway National Bank v. Plano Encryption Technologies LLC, No. 15-1056, W.D. Texas.; 2016 U.S. Dist. LEXIS 40051.).
WASHINGTON, D.C. - A July 2015 ruling by the Federal Circuit U.S. Court of Appeals that affirmed a judgment of noninfringement based upon internally inconsistent testimony from a patent plaintiff's expert witness remains intact, thanks to a denial of certiorari March 28 by the U.S. Supreme Court (ParkerVision Inc. v. Qualcomm Inc., No. 15-1092, U.S. Sup.).
WASHINGTON, D.C. - Allegations that the U.S. Patent and Trademark Office (PTO) erroneously calculated the patent-term adjustments for three pharmaceutical patents will not be heard by the U.S. Supreme Court, which on March 28 denied a petition for certiorari by Daiichi Sankyo Co. Ltd. (Daiichi Sankyo Company, Ltd. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 15-652, U.S. Sup.).