DALLAS - Finding that fact issues exist on a recruiting firm's Computer Fraud and Abuse Act (CFAA) claim against a former employee who allegedly gave confidential information to his new employer, a Texas federal judge on Jan. 13 denied the ex-employee's motion for summary judgment (Merritt Hawkins & Associates LLC v. Larry Scott Gresham, et al., No. 3:13-cv-00312, N.D. Texas).
PORTLAND, Ore. - Allegations by Oracle America Inc. that the State of Oregon infringed its copyrighted software were rejected Jan. 13 by an Oregon federal judge, on the basis of sovereign immunity (Oracle America Inc. v. The Oregon Health Insurance Exchange Corporation, et al., No. 14-1279, D. Ore.; 2015 U.S. Dist. LEXIS 3484.).
WASHINGTON, D.C. - After vacating in 2012 a finding that a defendant willfully infringed a vascular graft patent, the Federal Circuit U.S. Court of Appeals on Jan. 13 reversed course, this time affirming an Arizona federal judge's willfulness findings (Bard Peripheral Vascular Inc. and David Goldfarb M.D. v. W.L. Gore & Associates Inc., No. 14-1114, Fed. Cir.; 2015 U.S. App. LEXIS 473).
TRENTON, N.J. - Patent litigation over a phosphor-based light-emitting device (LED) will proceed in New Jersey federal court, a New Jersey federal judge ruled Jan. 12 (Honeywell International Inc. v. Cree Inc., No. 14-2004, D. N.J.; 2015 U.S. Dist. LEXIS 3061).
SAN FRANCISCO - Determining that a trial court's granting of summary judgment in favor of Google Inc. in a trademark lawsuit over its "Google" trademark did not dispose of the underlying action fully, a Ninth Circuit U.S. Court of Appeals panel on Jan. 12 dismissed an appeal by the plaintiffs for lack of jurisdiction (David Elliott, et al., v. Google Inc., No. 14-17017, 9th Cir.).
ATLANTA - A dispute over copyrighted shoe designs was properly resolved on summary judgment by a Florida federal judge, the 11th Circuit U.S. Court of Appeals ruled Jan. 12 (Olem Shoe Corporation v. Washington Shoe Company, No. 12-11227, 11th Cir.; 2015 U.S. App. LEXIS 434).
WEST PALM BEACH, Fla. - In a case that it said "stands at the intersection of a litigant's privacy interests in social media postings and the broad discovery allowed in . . . a civil case," a Florida appeals panel on Jan. 7 found no expectation of privacy in a woman's Facebook account, declining to overturn a trial court's granting of a motion to compel by Target Corp. in a personal injury lawsuit (Maria F. Leon Nucci, et al. v. Target Corp., et al., No. 4D14-138, Fla. App., 4th Dist.; 2015 Fla. App. LEXIS 153).
PHILADELPHIA - A professional photographer may proceed with a lawsuit alleging that textbook and standardized test maker Pearson Education Inc. contributed to copyright infringement, a Pennsylvania federal judge concluded Jan. 9 (Joel Gordon v. Pearson Education Inc., No. 14-2329, E.D. Pa.; 2015 U.S. Dist. LEXIS 2343).
WASHINGTON, D.C. - Google Inc.'s request for Supreme Court review of a case that could decide the narrowing effect of amendments made to overcome disallowance by the U.S. Patent and Trademark Office of a patent claim appears one step closer to fruition, after the Supreme Court on Jan. 12 invited the views of the U.S. solicitor general in the case (Google Inc. v. Vederi LLC, No. 14-448, U.S. Sup.).
WASHINGTON, D.C. - In its Jan. 12 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Apple Inc. in a patent infringement case that pertained to matters of indefiniteness and de novo review, despite Apple's contention that a recent decision in one high court case and a pending decision in another merited review of the matter (Apple Inc. v. Ancora Technologies Inc., No. 14-469, U.S. Sup.).
WASHINGTON, D.C. - In its Jan. 12 orders list, the U.S. Supreme Court invited the solicitor general to express the views of the U.S. government in a case that poses the question of whether copyright protection extends to all elements of an original work of computer software, including a system or method of operation that an author could have written in more than one way (Google Inc. v. Oracle America Inc., No. 14-410, U.S. Sup.).
NEW BERN, N.C. - A defendant charged under the Computer Fraud and Abuse Act (CFAA) had no reasonable expectation to privacy in certain location data obtained by the government from his wireless, email and social network records, a North Carolina federal judge ruled Jan. 6, denying motions to suppress such evidence under the Fourth and Fifth Amendments to the U.S. Constitution (United States of America v. Nikhil Nilesh Shah, No. 5:13-cr-00328, E.D. N.C.; 2015 U.S. Dist. LEXIS 826).
CENTRAL ISLIP, N.Y. - A New York federal magistrate judge held Jan. 8 that a counterclaim seeking cancellation of the "Ferring Pharmaceuticals" trademark should be dismissed but that a related counterclaim for cancellation based upon fraud should be allowed to proceed (Ferring B.V. v. Fera Pharmaceuticals LLC, No. 13-4640, E.D. N.Y.).
SHERMAN, Texas - A patent plaintiff won a new trial on Jan. 8, following an adverse March 2013 jury verdict in Texas federal court that each of the asserted patents in suit is invalid for failure to add one or more co-inventors (Oasis Research LLC v. ADrive LLC et al., No. 10-435, E.D. Texas; 2015 U.S. Dist. LEXIS 1794).
WASHINGTON, D.C. - A patent examiner properly deemed an application for a patent covering a remote controlled athletic field lighting system invalid as obvious over prior art, the Federal Circuit U.S. Court of Appeals ruled Jan. 8 (In re: Dwight C. Shaneour, No. 14-1518, Fed. Cir.).
TRENTON, N.J. - A dispute over a purchasing and licensing agreement that involved underlying patented technology should proceed in the Bergen County, N.J., Superior Court, Law Division, a New Jersey federal judge ruled Jan. 7 in what she deemed a case of first impression (Masimo Corporation v. Mindray DS USA Inc., et al., No. 14-405, D. N.J.; 2015 U.S. Dist. LEXIS 1210).
SAN FRANCISCO - A California federal judge did not err in refusing to strike a right of publicity complaint as a strategic lawsuit against public participation (SLAPP) under California's anti-SLAPP statute, California Code of Civil Procedure Section 425.16, the Ninth Circuit U.S. Court of Appeals ruled Jan. 6 (Michael E. Davis, et al. v. Electronic Arts Inc., No. 12-15737, 9th Cir.; 2015 U.S. App. LEXIS 154).
TAMPA, Fla. - Despite prevailing at a bench trial, a copyright and trademark infringement plaintiff was denied its request for attorney fees on Jan. 6 by a Florida federal judge (Get Smoked Inc. v. Patricia Miller et al., No. 12-1697, M.D. Fla.).
MARSHALL, Texas - Although their request for a stay was denied Jan. 6 by a Texas federal judge, several patent infringement defendants nonetheless won transfer of their cases to California federal court (Vantage Point Technology Inc. v. Amazon.com Inc., et al., No. 13-909, E.D. Texas).
CHICAGO - Citing a plaintiff's failure to demonstrate that defendants Samsung Electronics Co. Ltd. and HTC Corp. performed a claimed method within the United States, an Illinois federal judge on Jan. 6 granted a summary judgment of noninfringement with regard to direct infringement (Cascades Computer Innovation LLC v. Samsung Electronics Co. Ltd., et al., No. 11-4574, N.D. Ill.).
OAKLAND, Calif. - Asserting a lack or jurisdiction and authority, AT&T Mobility LLC on Jan. 5 moved for dismissal in California federal court of a lawsuit against it by the Federal Trade Commission related to the communications firm's "data throttling" of some of its mobile data plan customers that exceed certain data usage thresholds (Federal Trade Commission v. AT&T Mobility LLC, No. 3:14-cv-04785, N.D. Calif.).
OAKLAND, Calif. - About three weeks after a jury returned a verdict in favor of Apple Inc. in an antitrust class action over its iTunes and iPod products, a California federal judge on Jan. 5 issued judgment in the technology giant's favor (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.).
ALBANY, N.Y. - A June denial of preliminary injunctive relief in a patent infringement case will not be reconsidered, a New York federal judge ruled Jan. 5 (PPC Broadband Inc. v. Corning Optical Communications RF LLC, No. 13-1310, N.D. N.Y.; 2015 U.S. Dist. LEXIS 105).
SAN FRANCISCO - Applying the guidelines of the U.S. Supreme Court's recent ruling in Alice Corp. v. CLS Bank International (134 S.Ct. 2347 ), a California federal judge on Jan. 5 disposed of patent infringement claims against social network operators Facebook Inc. and LinkedIn Corp., finding that the patent claims at issue pertain to abstract and, therefore, unpatentable ideas (Bascom Research LLC v. Facebook Inc., No. 3:12-cv-06293; and Bascom Research LLC v. LinkedIn Corp., No. 3:12-cv-06294, N.D. Calif.).
COLUMBUS, Ohio - A third-party defendant on Jan. 5 failed to persuade an Ohio federal judge to dismiss claims that he breached a stock purchase agreement by failing to disclose an underlying allegation of copyright infringement (Huey Jiuan Liang v. AWG Remarketing Inc., et al., No. 14-99, S.D. Ohio; 2015 U.S. Dist. LEXIS 314).