WASHINGTON, D.C. - A Delaware federal judge did not err in deeming Adobe Systems Inc. not liable for preissuance damages under 35 U.S. Code Section 154(d), the Federal Circuit U.S. Court of Appeals affirmed Feb. 9 in a case of first impression (Rosebud LMS Inc. v. Adobe Systems Inc., No. 15-1428, Fed. Cir.).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 5 dismissed an insurer's appeal and an underlying claimant's cross-appeal in a coverage dispute over unsolicited fax ads, finding that the lower court's ruling failed to resolve all of the insurer's rights and liabilities under the insurance policy's excess liability provision (Cincinnati Insurance Co. v. All Plumbing, Inc. Service, Parts, Installation, et al., No. 14-7140 consolidated with No. 14-7151, D. C. Cir.; 2016 U.S. App. LEXIS 1941).
MARSHALL, Texas - A telecommunications plaintiff's expert in a patent infringement lawsuit does not rely on a previously rejected doctrine of equivalents theory, a Texas federal magistrate judge held Feb. 5, refusing to strike paragraphs from the expert's report (Mobile Telecommunications Technologies, LLC v. LG Electronics MobileComm U.S.A., Inc., No. 13-947, E.D. Texas; 2016 U.S. Dist. LEXIS 13881).
CHICAGO - A month after certifying a class action against Yahoo! Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA) via unsolicited text messages, an Illinois federal judge on Feb. 4 granted a motion to compel cellular service provider Sprint to provide subscriber information for purposes of class notification (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, and Zenaida Calderin v. Yahoo! Inc., No. 1:14-cv-02753, N.D. Ill.).
WASHINGTON, D.C. - A lawsuit seeking a correction of patent inventorship was erroneously dismissed for lack of standing, the Federal Circuit U.S. Court of Appeals ruled Feb. 5 (TriReme Medical LLC v. AngioScore Inc., No. 15-1504, Fed. Cir.; 2016 U.S. App. LEXIS 1948).
WASHINGTON, D.C. - A challenge to a judgment by the Patent Trial and Appeal Board that various claims of a stent patent were not proven invalid as obvious will stand, the Federal Circuit U.S. Court of Appeals ruled Feb. 5 (TriVascular Inc. v. Dr. Shaun L.W. Samuels, No. 15-1631, Fed. Cir.; 2016 U.S. App. LEXIS 1949).
SEATTLE - Amazon.com Inc. filed a motion Feb. 2 for partial summary judgment of a request for injunctive relief by the Federal Trade Commission in a lawsuit over the online retailer's billing practices for purchases associated with certain apps and games (in-app purchases), with Amazon arguing that no such relief is needed for practices that it ceased prior to the lawsuit's filing (Federal Trade Commission v. Amazon.com Inc., No. 2:14-cv-01038, W.D. Wash.).
NEW YORK - A New York federal judge held Feb. 3 that an insurer is liable for the expenses that its insured paid in defending an underlying patent infringement action minus any "additional expenses" that would not have been incurred but for the presence of three other defendants, further finding that once the insured demonstrates prima facie proof of a particular expense, it is the insurer's burden to show that it was an "additional expense" that should be allocated and exempted (High Point Design LLC v. LM Insurance Corp., et al., No. 14-cv-7878, S.D. N.Y.; 2016 U.S. Dist. LEXIS 12690).
LOS ANGELES - A California federal judge on Feb. 1 granted summary judgment for television companies on claims and counterclaims for violation of California's unfair competition law (UCL) and trademark infringement, finding that their use of the name "Empire" for a television series is protected under the First Amendment to the U.S. Constitution (Twentieth Century Fox Television, et al., v. Empire Distribution Inc., No. 15-2158, C.D. Calif.; 2016 U.S. Dist. LEXIS 13013).
ORLANDO, Fla. - A Florida federal magistrate judge's recommendation that a request for attorney fees in a patent case should be denied was adopted in full Feb. 2 by U.S. Judge Anne C. Conway of the Middle District of Florida (Sweepstakes Patent Company v. Chase Burns, et al., No. 14-151, M.D. Fla.; 2016 U.S. Dist. LEXIS 12158).
TYLER, Texas - A Texas federal jury on Feb. 3 found that Apple Inc. infringed four patents with its FaceTime and VPN OnDemand features, awarding more than $625 million to tech firm VirnetX in the case's second jury trial (VirnetX Inc. v. Apple Inc., No. 6:12-cv-00855, E.D. Texas).
SAN FRANCISCO - Sales of T-shirts bearing several disputed trademarks belonging to Macy's Inc. were deemed an infringement Feb. 1 by a California federal judge, who rejected claims by a defendant that Macy's use of the marks was ornamental (Macy's Inc. v. Strategic Marks LLC, Nos. 11-6198, 15-612, N.D. Calif.; 2016 U.S. Dist. LEXIS 11676).
WASHINGTON, D.C. - In a Feb. 1 amicus curiae brief, a writers and journalists organization tells the U.S. Supreme Court that a recent Second Circuit U.S. Court of Appeals ruling finding no infringement in Google Inc.'s "Google Books" project "threatens to undo the balance set forth by Congress in the fair use section of the Copyright Act" (The Authors Guild, et al. v. Google Inc., No. 15-849, U.S. Sup.).
WASHINGTON, D.C. - A California federal magistrate judge's decision to deny a prevailing patent infringement defendant an award of attorney fees even after remand was affirmed Feb. 2 by the Federal Circuit U.S. Court of Appeals (Site Update Solutions LLC v. Newegg Inc., et al., No. 15-1448, Fed. Cir.; 2016 U.S. App. LEXIS 1641).
WASHINGTON, D.C. - A New York federal judge properly invalidated four patents covering the pain-relieving drug OxyContin following a three-week bench trial in 2013, the Federal Circuit U.S. Court of Appeals affirmed Feb. 1 (Purdue Pharma LP v. Epic Pharma LLC, et al., No. 14-1294, Fed. Cir.).
INDIANAPOLIS - A provider of online content and services filed a trademark infringement suit against a competitor in Indiana federal court on Jan. 29, asserting that the defendant's use of the trademark "Verge" violated its common-law and federal rights in the mark (Indy Founders LLC v. Vox Media Inc., et al., No. 1:16-cv-00265, S.D. Ind.).
SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).
CHICAGO - Citing the "farcical nature" of a television commercial for the popular 5-Hour Energy drink, an Illinois federal judge on Feb. 1 dismissed allegations of false advertising and invasion of privacy levied against the drink maker (Johannes T. Martin v. Living Essentials LLC, No. 15-1647, N.D. Ill.; 2016 U.S. Dist. LEXIS 11287).
WASHINGTON, D.C. - Although affirming a Virginia federal judge's construction of some disputed terms, the Federal Circuit U.S. Court of Appeals on Feb. 2 reversed with regard to others in a patent dispute between the trustees of Columbia University and Symantec Corp. (Trustees of Columbia University v. Symantec Corp., No. 15-1146, Fed. Cir.).
WASHINGTON, D.C. - Only the third-party requester of an inter partes re-examination (IPR) can appeal the outcome of the proceedings, the Federal Circuit U.S. Court of Appeals ruled Jan. 29 (Agilent Technologies Inc. v. Waters Technology Corp., No. 15-1280, Fed. Cir.; 2016 U.S. App. LEXIS 1441).
CHICAGO - A twice final, unappealed judgment in a Lanham Act case bars any claim for violations of the Illinois Franchise Disclosure Act (IFDA) in a subsequent action, the Seventh Circuit U.S. Court of Appeals ruled Jan. 27 (Window World of Chicagoland LLC and David Hampton v. Window World Inc., No. 5-2224, 7th Cir.; 2016 U.S. App. LEXIS 1255).
PHILADELPHIA - A petition for a writ of mandamus that would order the disqualification of U.S. Judge Richard G. Andrews of the District of Delaware was turned away Jan. 29 by the Third Circuit U.S. Court of Appeals, on grounds that the underlying issues presented in the cases concern patent law (In re: Dr. Lakshmi Arunachalam, No. 15-3569, 3rd Cir.; 2016 U.S. App. LEXIS 1358).
BOSTON - A Massachusetts federal judge properly rejected a trademark infringement dispute on jurisdictional grounds, the First Circuit U.S. Court of Appeals ruled Jan. 27 (A Corp. v. All American Plumbing Inc., No. 15-1509, 1st Cir.; 2016 U.S. App. LEXIS 1303).
TYLER, Texas - Declaratory judgment counterclaims and affirmative defenses of invalidity with regard to six patents were voluntarily dismissed by Apple Inc. on Jan. 25, on the first day of a retrial to decide whether the software giant infringed via the popular "FaceTime" feature (VirnetX Inc. v. Apple Inc., No. 12-855, E.D. Texas).