WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO)'s Patent Trial and Appeal Board properly rejected various claims of two rearview vision system patents as invalid, according to a May 7 ruling by the Federal Circuit U.S. Court of Appeals (In re: Magna Electronics Inc., No. 14-1798, Fed. Cir.).
ATLANTA - An Alabama federal judge's finding that a defendant possessed a nonexclusive license to use various renderings of copyrighted architectural plans was not erroneous, the 11th Circuit U.S. Court of Appeals ruled May 7 (Keith Karlson v. Red Door Homes LLC, et al., No. 14-12371, 11th Cir.; 2015 U.S. App. LEXIS 7579).
SAN FRANCISCO - A Fourth District California Court of Appeal ruling that the settlement of infringement litigation involving a generic form of the antibiotic Cipro did not constitute an illegal restraint of trade because the settlement term did not extend beyond the scope of the patent was reversed May 7 by the California Supreme Court (In Re: Cipro Cases I and II, No. S198616, Calif. Sup.).
WASHINGTON, D.C. - In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on May 7 agreed with a New Jersey federal judge's determination that a pharmaceutical composition patent is infringed, but invalid (AstraZeneca LP, et al. v. Breath Limited, et al., No. 15-1335, Fed. Cir.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel today found that the National Security Agency's bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court's dismissal of the lawsuit brought by the American Civil Liberties Union (ACLU) (American Civil Liberties Union, et al. v. James R. Clapper, et al., No. 14-42, 2nd Cir.; 2015 U.S. App. LEXIS 7531).
PHILADELPHIA - Allegations by the Federal Trade Commission that several defendants engaged in monopolization by initiating alleged sham litigation against Teva Pharmaceuticals USA Inc. in Delaware federal court were dismissed by a Pennsylvania federal judge on May 6 (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 59115).
WASHINGTON, D.C. - A Delaware federal judge properly denied a preliminary injunction barring three pharmaceutical companies from continuing their launch of the gout drug Mitigare, a divided panel of the Federal Circuit U.S. Court of Appeals ruled May 6 (Takeda Pharmaceuticals U.S.A. Inc. v. West-Ward Pharmaceutical Corporation, et al., Nos. 15-1139, -1142, Fed. Cir.; 2015 U.S. App. LEXIS 7465).
PHILADELPHIA - A copyright dispute over website code was dismissed May 5 by a Pennsylvania federal judge (Valori Zaslow v. William T. Coleman III, et al., No. 15-1272, E.D. Pa.; 2015 U.S. Dist. LEXIS 58533).
WASHINGTON, D.C. - A Delaware federal judge did not err in finding that a software patent's specification failed to disclose an algorithm to provide structure for various computer-implemented means-plus-function elements, the Federal Circuit U.S. Court of Appeals said May 6 (EON Corp. IP Holdings LLC v. AT&T Mobility LLC et al., No. 14-1393, Fed .Cir.).
ORLANDO, Fla. - Efforts by the operators of a virtual school to obtain dismissal of trademark infringement claims by a competing, state-run virtual school failed May 4, when a Florida federal judge rejected arguments that the State of Florida must be joined to the action as an indispensable party (Florida Virtualschool v. K12 Inc., et al., No. 11-831, M.D. Fla.; 2015 U.S. Dist. LEXIS 58158).
NEW ORLEANS - A man whose personal information was accessed in a data breach experienced by eBay Inc. failed to establish the necessary injury-in-fact from a possible future identity theft, a Louisiana federal judge ruled May 4, granting the online marketplace operator's motion to dismiss the putative class action (Collin Green v. eBay Inc., No. 2:14-cv-01688, E.D. La.; 2015 U.S. Dist. LEXIS 58047).
PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule should apply to the present plaintiffs that had alleged violation of the act by Restaurant.com Inc. in a putative class complaint (Larissa Shelton, et al. v. Restaurant.com Inc., No. 14-3316, 3rd Cir.; 2015 U.S. App. LEXIS 7145).
NEW YORK - A New York appeals panel on April 30 withdrew Sony's appeal of a lower court's finding that there is no coverage for a data breach caused by a cyber-attack of Sony's online networks, one day after Sony and its insurers filed a stipulation to discontinue the coverage lawsuit with prejudice (Zurich American Insurance Co. v. Sony Corporation of America, et al., Nos. 14547, 14546, N.Y. App., 1st Dept.).
KANSAS CITY, Kan. - A renewed motion to dismiss was granted April 29 by a Kansas federal judge in a dispute over copyrighted fish illustrations (Joseph Tomelleri v. MEDL Mobile Inc., et al., No. 14-2113, D. Kan.; 2015 U.S. Dist. LEXIS 55943).
OAKLAND, Calif. - After seeing its motion to dismiss a complaint by the Federal Trade Commission denied in California federal court, AT&T Mobility LLC filed an answer April 28 in which it denies any violations of the Federal Trade Commission Act (FTC Act), asserting that "consumers have not suffered any substantial injury or damage as a result of any alleged conduct" (Federal Trade Commission v. AT&T Mobility LLC, No. 3:14-cv-04785, N.D. Calif.).
ATLANTA - A Georgia federal judge erroneously invalidated a copyright on a 2-D laminate flooring design, the 11th Circuit U.S. Court of Appeals ruled April 29 (Home Legend LLC v. Mannington Mills Inc., No. 14-13440, 11th Cir.; 2015 U.S. App. LEXIS 7075).
ALEXANDRIA, Va. - In light of a finding that a transfer of 14 domain names was done with a bad faith intent to profit and of a John Doe defendant's failure to respond to a cybersquatting complaint, a Virginia federal magistrate judge on April 28 recommended granting a plaintiff's motion for default judgment and transferring the disputed domains back to the plaintiff's control (Acme Billing Co. v. John Doe, No. 1:14-cv-01379, E.D. Va.).
WASHINGTON, D.C. - A dispute over whether the defense of laches is available as a bar to patent infringement lawsuits in which money damages or injunctive relief are sought will be heard by the full Federal Circuit U.S. Court of Appeals on June 19, the court announced April 29 (SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products LLC, No. 13-1564, Fed. Cir.).
WASHINGTON, D.C. - A Louisiana federal judge's decision to treble a jury's damage award in a patent case was vacated April 29 by the Federal Circuit U.S. Court of Appeals in light of the panel's rejection of the jury's determination of willful infringement (Innovention Toys LLC v. MGA Entertainment Inc. et al., No. 14-1731, Fed. Cir.).
LAS VEGAS - A motion in limine by six patent infringement defendants to partially exclude the testimony of a plaintiff's expert witness at trial was granted April 28 by a Nevada federal judge (2-Way Computing Inc. v. Sprint Solutions Inc. et al., No. 11-12, D. Nev.; 2015 U.S. Dist. LEXIS 55479).
LEXINGTON, Ky. - A breach of contract case was stayed, in part, on April 28 by a Kentucky federal judge pending re-examination of two patents by the U.S. Patent and Trademark Office (Natural Alternatives LLC v. JM Farms, No. 12-333, E.D. Ky.; 2015 U.S. Dist. LEXIS 55271).
DENVER - A Colorado federal judge on April 24 granted a blog administrator's motion for attorney fees in a case in which he achieved dismissal due to lack of jurisdiction, with the judge finding that a Colorado statute's attorney fees provision did not conflict with federal law (Advanced Career Technologies Inc. v. John Does 1-10, et al., No. 1:130cv-00304, D. Colo.; 2015 U.S. Dist. LEXIS 53941).
SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).
LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because they could neither restore nor retrieve the data in violation of several state laws (Sherry Orson v. Carbonite Inc., No. 15-3097, C.D. Calif.).
NEW YORK - Competing motions for summary judgment in a dispute over the "RLX" trademark were denied March 31, according to a ruling released April 27 by a New York federal judge (Rolex Watch USA Inc. v. PRL USA Holdings Inc., No. 12-6006, S.D. N.Y.; 2015 U.S. Dist. LEXIS 54766).