ALEXANDRIA, Va. - Section 2(a) of the Lanham Act, which allows for the cancellation of disparaging trademark registrations, does not implicate the First Amendment to the U.S. Constitution, a Virginia federal judge ruled July 8 (Pro-Football Inc. v. Amanda Blackhorse, et al., No. 14-1403, E.D. Va.).
EVANSVILLE, Ind. - The plaintiff in a lawsuit over an adhesives patent failed to establish the defendant's waiver of attorney-client privilege over disputed deposition testimony, either expressly or impliedly, an Indiana federal judge ruled July 7, denying the plaintiff's motion to compel (Berry Plastics Corp. v. Intertape Polymer Corp., No. 3:10-cv-00076, S.D. Ind.; 2015 U.S. Dist. LEXIS 87697).
CHICAGO - A motion to dismiss a second amended patent infringement complaint on grounds of failure to satisfy 35 U.S. Code Section 101 was rejected July 7 by a federal judge in Illinois (The Chamberlain Group Inc. v. Nortek Security & Control LLC, No. 14-5197, N.D. Ill.; 2015 U.S. Dist. LEXIS 87876).
BATON ROUGE, La. - A complaint seeking a declaration of noninfringement in connection with the use of the "Audobon" trademark is adequately pleaded to survive a defense motion to dismiss, a Louisiana federal judge ruled July 7 (Audobon Real Estate Associates L.L.C. v. Audobon Realty L.L.C., No. 15-115, M.D. La.; 2015 U.S. Dist. LEXIS 87758).
WASHINGTON, D.C. - A divided February 2015 ruling by the Federal Circuit U.S. Court of Appeals that patent claims can be given their broadest reasonable interpretation by the U.S. Patent and Trademark Office (PTO) during an inter partes review (IPR) proceeding brought pursuant to the Leahy-Smith America Invents Act (AIA) will stand, thanks to a July 8 denial of a petition for rehearing en banc (In re: Cuozzo Speed Technologies LLC, No. 14-1301, Fed. Cir.).
WILMINGTON, Del. - A federal judge in Delaware on July 2 granted two patent infringement defendants a one-week extension of time to submit an itemized breakdown of their attorney fees in light of a July 1 order that declared the case exceptional (Vehicle Operation Technologies v. Ford Motor Co., No. 13-539; Vehicle Operation Technologies v. Mitsubishi Motors North America, No. 13-712, D. Del.).
TYLER, Texas - Apple Inc.'s renewed motion for a judgment of no willful patent infringement was granted July 2 by a Texas federal judge (Smartflash LLC, et al. v. Apple Inc., No. 13-447, E.D. Texas).
BIRMINGHAM, Ala. - Citing the U.S. Supreme Court's newly established standard in Octane Fitness LLC v. ICON Health & Fitness Inc. (134 S. Ct. 1749 ), an Alabama federal judge on June 7 awarded a trademark defendant infringement attorney fees (Donut Joe's Inc. v. Interveston Food Services LLC, No. 13-1578, N.D. Ala.; 2015 U.S. Dist. LEXIS 87724).
FORT LAUDERDALE, Fla. - Allegations that the operators of several gossip websites infringed upon the copyrights of a photo supplier were resolved in favor of the defendants July 6 by a Florida federal judge (BWP Media USA Inc. v. South Florida Chronicle Inc. and Print Killer Media Network LLC, No. 13-61976, S.D. Fla.; 2015 U.S. Dist. LEXIS 87197).
ATLANTA - A dispute over similarly named children's play and exercise equipment will proceed in Georgia court, a federal judge there ruled July 6 (PlayNation Play Systems Inc. v. Velex Corporation, No. 14-1046, N.D. Ga.; 2015 U.S. Dist. LEXIS 87041).
WASHINGTON, D.C. - A Virginia federal judge did not err in holding that two patents relating to online activities claim ineligible subject matter under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals ruled July 6 (Intellectual Ventures I LLC, et al. v. Capital One Bank USA NA, et al., No. 14-1506, Fed. Cir.).
SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on July 6 ruled that the manner in which Amazon.com Inc.'s website responds to a shopper's search request could create a likelihood of confusion (Multi Time Machine Inc. v. Amazon.com Inc. and Amazon Services LLC, No. 13-55575, 9th Cir.; 2015 U.S. App. LEXIS 11554).
WASHINGTON, D.C. - A North Carolina federal judge did not err in finding jurisdiction lacking in a dispute over an electrical patent, the Federal Circuit U.S. Court of Appeals ruled July 6 (Celgard LLC v. SK Innovation Co. Ltd., No. 141807 Fed. Cir.; 2015 U.S. App. LEXIS 11536).
BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 18.104.22.168, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).
ST. LOUIS, Mo. - Allegations of copyright and trademark infringement will proceed in Missouri federal court, thanks to a July 2 ruling by a federal judge there (LC Franchisor LLC et al. v. Valley Beef LLC, No. 15-383, E.D. Mo.).
BALTIMORE - A Maryland federal judge on July 2 dismissed a generic drug manufacturer's pay-for-delay lawsuit against Alaska's attorney general regarding settlements for Loestrin FE 24 and Effexor XR (Lupin Pharmaceuticals Inc., et al. v. Craig Richards, No. 15-1281, D. Md.).
WASHINGTON, D.C. - A Delaware federal judge "clearly erred" in finding that batches of the anti-coagulant drug bivalirudin prepared by a laboratory were not sold to a patent infringement plaintiff before the critical date specified in the relevant patent applications, as well as that the batches were prepared for an experimental purpose, according to a July 2 ruling by the Federal Circuit U.S. Court of Appeals (The Medicines Company v. Hospira Inc., Nos. 14-1469, -1504, Fed. Cir.).
SAN DIEGO - A California federal judge on June 30 granted an app development firm's motion to voluntarily dismiss its trademark lawsuit against Google Inc. with prejudice, while granting Google's motion to award it costs associated with the length of the infringement proceedings (Hanginout Inc. v. Google Inc., No. 3:13-cv-02811, S.D. Calif.).
LOS ANGELES - In the wake of an en banc Ninth Circuit U.S. Court of Appeals ruling that had reversed an order to take an anti-Muslim film down from youtube.com, a California federal judge on June 29 issued an order dismissing the copyright lawsuit against Google Inc. and YouTube Inc., in accordance with a stipulation for dismissal filed by all parties in the suit (Cindy Lee Garcia v. Google Inc., et al., No. 2:12-cv-08315, C.D. Calif.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel majority on June 30 found that Apple Inc. "orchestrated a horizontal conspiracy among" certain e-book publishers to raise the prices of e-books, ruling that the agreement between Apple and the publishers constituted an unreasonable restraint of trade in violation of section 1 of the Sherman Act (United States of America, et al. v. Apple Inc., et al., Nos. 13-3741, 13-3748, 13-3783, 13-3857, 13-3864 and 13-3867, 2nd Cir.; 2015 U.S. App. LEXIS 11271).
BIRMINGHAM, Ala. - Having found that a plaintiff has an exclusive right to a "Peoplelink" trademark and logo and that a defendant's use of a virtually identical "PeopleLinkHR" mark constitutes infringement, an Alabama federal judge on June 30 rejected the defendant's counterclaims of trademark infringement and common law deceptive trade practices (Peoplelink LLC v. Birmingham Personnel Services Inc. d/b/a PeopleLink HR, No. 14-1549, N.D. Ala.; 2015 U.S. Dist. LEXIS 84575.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 29 affirmed that primary and excess commercial general liability insurers' motion to intervene in a Telephone Consumer Protection Act (TCPA) lawsuit after a $20 million settlement was reached was untimely (CE Design Ltd., et al. v. King Supply Co., LLC, et al., No. 12-2930, 7th Cir.; 2015 U.S. App. LEXIS 11117).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 29 found that allegations in an underlying amended counterclaim against a test-preparation provider insured do not potentially include a trade dress infringement claim, affirming a lower federal court's ruling in favor of the insurer in an advertising injury coverage dispute (Test Masters Educational System Inc. v. State Farm Lloyds, No. 14-20473, 5th Cir.; 2015 U.S. App. LEXIS 11148).
WASHINGTON, D.C. - A 108-year-old precedent bars allegations that a computer filing system patent was infringed, the Federal Circuit U.S. Court of Appeals ruled June 30 (SpeedTrack Inc. v. Office Depot Inc. et al., No. 14-1475, Fed. Cir.).
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on June 29 said it lacks appellate jurisdiction in a dispute over a copyrighted photograph (Richard N. Bell v. Cameron Taylor et al., No. 14-3099, 7th Cir.; 2015 U.S. App. LEXIS 11142).