WASHINGTON, D.C. - A North Carolina federal judge's erroneous construction of two disputed claim terms as they appear in a high-voltage transformer patent was revised by the Federal Circuit U.S. Court of Appeals on July 31 (Sociedad Espanola de Electromedicinia y Calidad S.A. v. Blue Ridge X-Ray Co., et al., No. 15-1102, Fed. Cir.).
WASHINGTON, D.C. - A Florida federal judge's decision to grant Qualcomm Inc. judgment as a matter of law (JMOL) that it did not infringe four patents was affirmed by the Federal Circuit U.S. Court of Appeals on July 31 (ParkerVision Inc. v. Qualcomm Inc., Nos. 14-1612, -1655, Fed. Cir.).
DENVER - The 10th Circuit U.S. Court of Appeals on July 31 agreed with a Colorado federal judge that a defendant's online statements about a competitor amounted to false advertising under Section 1125(a) of the Lanham Act (General Steel Domestic Sales LLC d/b/a General Steel Corp. v. Ethan Daniel Chumley and Atlantic Building Systems LLC d/b/a Armstrong Steel Corp., Nos. 14-1119 and 14-1121, 10th Cir.; 2015 U.S. App. LEXIS 13356).
WASHINGTON, D.C. - A Delaware federal judge's decision to deny Newegg Inc. the attorney fees it incurred in defending patent infringement allegations was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 31 (Pragmatus Telecom LLC v. Newegg Inc., No. 14-1777, Fed. Cir.).
SAN FRANCISCO - Allegations that the Internet Corporation for Assigned Names and Numbers (ICANN) violates the Sherman Act by monopolizing the market for top-level domains (TLDs) like ".com" and ".net" were properly dismissed, the Ninth Circuit U.S. Court of Appeals ruled July 31 (name.space Inc. v. Internet Corporation for Assigned Names and Numbers, No. 13-55553, 9th Cir.; 2015 U.S. App. LEXIS 13360).
NEW YORK - A New York federal judge on July 29 granted a motion by Google Inc. to transfer its motion to compel discovery responses from three movie studios to a Mississippi federal court, which is the venue for Google's underlying lawsuit against that state's attorney general, Jim Hood (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).
NEW YORK - A July 2014 dismissal of a declaratory judgment patent case in light of a finding that arbitration is compelled by the terms of a patent license agreement (PLA) will not be stayed pending appeal to the Second Circuit U.S. Court of Appeals, a New York federal judge ruled July 29 (LG Electronics Inc. et al. v. Wi-LAN USA Inc. et al., No. 13-2237, S.D. N.Y.; 2015 U.S. Dist. LEXIS 98873).
SAN FRANCISCO - A California federal judge erred in holding that a licensing agent for photographers lacks statutory standing under the Copyright Act to sue textbook publisher John Wiley & Sons Inc. for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled July 29 (Minden Pictures Inc. v. John Wiley & Sons Inc., No. 14-15267, 9th Cir.; 2015 U.S. App. LEXIS 13197).
WASHINGTON, D.C. - A Texas federal judge's order denying motions by various defendants to stay patent infringement litigation pending the outcome of a covered business method (CBM) review was partly affirmed July 30 by the Federal Circuit U.S. Court of Appeals (Smartflash LLC et al. v. Apple Inc., No. 15-1701; Smartflash LLC et al. v. Samsung Electronics Co. Ltd. et al., No. 15-1707, Fed. Cir.).
LAS VEGAS - Efforts by a Nevada patent infringement defendant to obtain dismissal or, in the alternative, transfer of the case to the U.S. District Court for the Northern District of Ohio were unsuccessful on July 28 (Computerized Screening Inc. v. Healthspot Inc., No. 14-573, D. Nev.; 2015 U.S. Dist. LEXIS 98331).
PHILADELPHIA - A false advertising dispute between two processed meat product makers will proceed in Pennsylvania federal court, but without injunctive relief in place, a federal judge ruled July 28 (Parks LLC v. Tyson Foods Inc. et al., No. 15-946, E.D. Pa.; 2015 U.S. Dist. LEXIS 98008).
WASHINGTON, D.C. - A California federal judge did not err in finding that a cease-and-desist letter that demands an end to purported patent infringement is insufficient to confer general personal jurisdiction over the sender, the Federal Circuit U.S. Court of Appeals ruled July 28 (Petzilla Inc. v. Anser Innovation LLC, No. 15-1104, Fed. Cir.).
DALLAS - A plaintiff seeking a declaration of invalidity and noninfringement of various copyrights, trademarks and trade dress rights asserted in connection with "replica bullets" prevailed July 27 in Texas federal court (Provident Precious Metals LLC v. Northwest Territorial Mint LLC, No. 13-2942, N.D. Texas.; 2015 U.S. Dist. LEXIS 97338).
LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second Circuit U.S. Court of Appeals ruling on the topic (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 2:12-cv-06921, and NBCUniversal Media LLC, et al. v. FilmOn X LLC, et al., No. 2:12-cv-06950, C.D. Calif.).
WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant judgment as a matter of law that various claims of three patents are invalid as obvious was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 28 (Circuit Check Inc. v. QXQ Inc., No. 15-1155, Fed. Cir.).
TRENTON, N.J. - A declaratory judgment counterclaim seeking a declaration of copyright co-ownership was rejected July 27 by a New Jersey federal judge, who instead granted plaintiff TD Bank N.A. summary judgment on its allegation of copyright infringement by a former CEO (TD Bank N.A. v. Vernon W. Hill II, No. 12-7188, D. N.J.; 2015 U.S. Dist. LEXIS 97409).
PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.).
NEW YORK - A New York federal judge's decision to dismiss copyright infringement allegations surrounding a software license agreement (SLA) and master services agreement (MSA) was affirmed July 27 by the Second Circuit U.S. Court of Appeals, albeit on different grounds (The AStar Group Inc. v. Manitoba Hydro, et al., No. 14-2882, 2nd Cir.; 2015 U.S. App. LEXIS 12920).
HOUSTON - A copyright infringement defendant was awarded summary judgment on July 24 by a Texas federal judge on grounds that plaintiff Lennar Homes of Texas Sales and Marketing Ltd. cannot prove that defendant Perry Homes LLC "copied any protectable aspects of" two contested townhome designs (Lennar Homes of Texas Sales and Marketing Ltd. v. Perry Homes LLC, No. 14-1094, S.D. Texas; 2015 U.S. Dist. LEXIS 96645).
SAN FRANCISCO - An Arizona federal judge "clearly erred" by issuing a final judgment in a copyright and trademark infringement action that failed to address the issue of copyright damages, the Ninth Circuit U.S. Court of Appeals ruled July 23 (Scott Bizar v. Jeffrey Dee and Jack Herman, Nos. 12-17826, 13-15361, 9th Cir.; 2015 U.S. App. LEXIS 12739).
NEW YORK - A trial court properly denied a motion by Facebook Inc. to quash warrants served on certain Facebook users, a New York appellate panel ruled July 21, find that "there is no constitutional or statutory right to challenge an alleged defective warrant before it is executed" (Facebook Inc. v. New York County District Attorney's Office, No. 30207/13 and 30178/14, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 6067).
OAKLAND, Calif. - The plaintiffs in a putative class action alleging privacy violations by Facebook Inc.'s purported scanning of users' private messages are not permitted to compel materials from the social network's Irish affiliate, a California federal magistrate ruled July 21, finding that considerations of international comity weighed against such discovery (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2015 U.S. Dist. LEXIS 95702).
SAN JOSE, Calif. - After finding that parties need to provide additional information on a request to seal certain information, including a request for international arbitration, pursuant to local rules, a California federal judge on July 22 ordered a company to submit a declaration showing that parts of the motion to seal that it seeks to redact are sealable (Baysand Inc. v. Toshiba Corp., No. 15-cv-02425, N.D. Calif.; 2015 U.S. Dist. LEXIS 95724).
DALLAS - A promotional firm's failure to seal a summary judgment motion, which contained confidential information, is an example of its "pattern of blatantly violating confidentiality agreements," Yahoo Inc. said in a July 22 motion for sanctions in a contract and trade secrets lawsuit related to an online basketball tournament contest (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).
WASHINGTON, D.C. - Two petitioners won mandamus on July 22 from a New Jersey federal judge's modified protective order that would allow courts in Korea and Japan access to proprietary information gleaned from an American patent infringement lawsuit, in what the Federal Circuit U.S. Court of Appeals deemed a case of first impression (In re: POSCO, No. 15-112, Fed. Cir.).