SAN FRANCISCO - Although awarding Apple Inc. dismissal of allegations that it infringed one patent, a California federal judge on April 6 agreed to allow claims of willful infringement by the software giant to proceed with regard to four others (OpenTV Inc. v. Apple Inc., No. 14-1622, N.D. Calif.; 2015 U.S. Dist. LEXIS 44856).
ORLANDO, Fla. - Efforts by four defendants to obtain dismissal, on jurisdictional grounds, of trademark infringement allegations were unsuccessful, a federal judge in Florida ruled April 6 (Mighty Men of God Inc. v. World Outreach Church of Murfreesboro, Tennessee, Inc., et al., No. 14-947, M.D. Fla.; 2015 U.S. Dist. LEXIS 44685).
WASHINGTON, D.C. - A portion of a New York federal judge's $76 million award was reversed and remanded for recalculation on April 7 by the Federal Circuit U.S. Court of Appeals (Astrazeneca AB v. Apotex Corp., No. 14-1221, Fed. Cir.).
CINCINNATI - An Ohio federal judge must resolve a pending motion for findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52 before a trademark infringement plaintiff may appeal an adverse jury verdict, the Sixth Circuit U.S. Court of Appeals said April 6 (Slep-Tone Entertainment Corp. v. Karaoke Kandy Store Inc., et al., No. 13-4105, 6th Cir.; 2015 U.S. App. LEXIS 5473).
SAN JOSE, Calif. - In light of the Federal Trade Commission's settlement with Google Inc. over the sale of unauthorized purchases made by minors related to games and applications purchased from the Google Play Store (in-app purchases), a California federal judge on April 3 granted the Internet giant's motion to deny certification of a class that "covers the same conduct at issue in the FTC matter," finding that it did not meet the superiority requirement of Federal Rule of Civil Procedure (FRCP) 23 (Ilana Imber-Gluck, et al. v. Google Inc., No. 5:14-cv-01070, N.D. Calif.).
CHICAGO - A federal judge in Illinois on April 3 found that conduct by four Niro, Scavone, Haller & Niro attorneys in a patent lawsuit is sanctionable under 28 U.S. Code Section 1927 (Intellect Wireless Inc. v. Sharp Corporation, et al., No. 10-6763 N.D. Ill.; 2015 U.S. Dist. LEXIS 44070).
WASHINGTON, D.C. - Although a California federal judge properly construed disputed claims in several technology patents, his decision to grant a summary judgment of patent invalidity was improper, the Federal Circuit U.S. Court of Appeals ruled April 3 (Vasudevan Software Inc. v. MicroStrategy Inc., No. 14-1094, Fed. Cir.).
SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).
SAN JOSE, Calif. - Deeming a proposed settlement between Google Inc. and a proposed class to be fair, a California federal judge on March 31 granted final approval a year after preliminarily approving it, disposing of the class action related to alleged privacy violations related to user information purportedly revealed to third parties via "referrer headers" created from search query results (In Re Google Referrer Header Privacy Litigation, No. 10-cv-04809, N.D. Calif.).
CHICAGO - A defendant's request for dismissal of a plaintiff's claim for unfair or deceptive acts or practices under Massachusetts state law in an underlying copyright and Lanham Act dispute was denied April 1 by a Massachusetts federal judge (iLab Solutions LLC v. Idea Elan LLC, et al., No. 14-14267, D. Mass.; 2015 U.S. Dist. LEXIS 42692).
WASHINGTON, D.C. - A decision by a New York federal judge to deny a stay of patent litigation will stand, a divided Federal Circuit U.S. Court of Appeals ruled April 1 (Intellectual Ventures II LLC v. JPMorgan Chase Bank, et al., No. 14-1724, Fed. Cir.; 2015 U.S. App. LEXIS 5204).
RICHMOND, Va. - A South Carolina federal judge erroneously abstained from deciding a trademark dispute between two clergymen, the Fourth Circuit U.S. Court of Appeals ruled March 31 (The Right Reverend Charles G. vonRosenberg v. The Right Reverend Mark J. Lawrence, No. 14-1122, 4th Cir.; 2015 U.S. App. LEXIS 5167).
WASHINGTON, D.C. - A request by Apotex Inc. for a declaration of noninfringement was improperly dismissed by an Illinois federal judge for lack of a case or controversy, the Federal Circuit U.S. Court of Appeals ruled March 31 (Apotex Inc. v. Daiichi Sankyo Inc. and Daiichi Sankyo Ltd. v. Mylan Pharmaceuticals Inc., Nos. 14-1282, -1291, Fed. Cir.).
SEATTLE - Finding no error in a trial court's jury instructions or discovery ruling, a Ninth Circuit U.S. Court of Appeals on March 27 affirmed its judgment in favor of an Internet movie website on an actress' breach of contract claim against it (Huong Hoang v. IMDb.com, No. 13-35390, 9th Cir.; 2015 U.S. App. LEXIS 5001).
WASHINGTON, D.C. - When facing allegations of induced patent infringement, a good faith belief that the asserted patent is invalid is an available and appropriate defense, an attorney told the U.S. Supreme Court on March 31 (Commil USA LLC v. Cisco Systems Inc., No. 13-896, U.S. Sup.).
WASHINGTON, D.C. - The continued viability of a 1964 precedent that bans inventors from receiving royalties after their patents expire was debated March 31 before the U.S. Supreme Court (Stephen Kimble, et al. v. Marvel Enterprises Inc., No. 13-720, U.S. Sup.).
WILMINGTON, Del. - Following two jury verdicts, a Delaware federal judge on March 30 issued a split judgment related to two patents in suit pertaining to mobile phone technology, while the parties filed motions for judgment as a matter of law (JMOL) related to a third patent, which was the subject of the second verdict (Intellectual Ventures I LLC, et al. v. Motorola Mobility Inc., No. 1:11-cv-00908, D. Del.).
RICHMOND, Va. - A North Carolina federal judge's nationwide, permanent injunction in a trademark case was narrowed March 30 to encompass only the geographical area covered by the Fourth Circuit U.S. Court of Appeals (Georgia-Pacific Consumer Products LP v. von Drehle Corporation, No. 13-2003, 4th Cir.; 2015 U.S. App. LEXIS 5082).
PHILADELPHIA - The Federal Trade Commission and Wyndham Worldwide Corp. on March 27 submitted memoranda to the Third Circuit U.S. Court of Appeals regarding whether federal courts have jurisdiction over a question of first instance pertaining to whether Wyndham's purportedly deficient cybersecurity practices can be construed as "unfair" under the Federal Trade Commission Act (FTC Act) (Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 14-3514, 3rd Cir.).
DENVER - Allegations of patent infringement levied against Comcast Corp. were objectively unreasonable, a Colorado federal judge ruled March 27 (Brilliant Optical Solutions LLC v. Comcast Corp., No. 13-886, D. Colo.; 2015 U.S. Dist. LEXIS 39260).
TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court of Appeals case law and Federal Rule of Civil Procedure 34 do not permit the unrestricted computer hard drive access sought in the subpoena (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.).
ST. LOUIS - Underlying allegations fail to allege "in either substance or form" the misuse of a slogan, the Eighth Circuit U.S. Court of Appeals found March 26, affirming a lower court's ruling that the insurer has no duty to defend or indemnify its insured against an underlying dispute over the use of the name "Smart Candle" (Selective Insurance Co. of America v. Smart Candle LLC, No. 14-1356, 8th Cir.; 2015 U.S. App. LEXIS 4894).
TRENTON, N.J. - Allegations of trademark infringement by the New Jersey Turnpike Authority against a Florida pizzeria were dismissed March 26, when a New Jersey federal judge deemed jurisdiction over a defendant lacking (New Jersey Turnpike Authority v. Jersey Boardwalk Pizza Inc., et al., No. 14-4589, D. N.J.).
ATLANTA - A Florida federal judge properly adopted a magistrate judge's recommendation that a copyright infringement defendant be denied prevailing-party attorney fees under the Copyright Act, the 11th Circuit U.S. Court of Appeals affirmed March 26 (Malibu Media LLC v. Leo Pelizzo, No. 14-11795, 11th Cir.; 2015 U.S. App. LEXIS 4898).
COLUMBUS, Ohio - A federal magistrate judge in Ohio on March 24 ordered that discovery be completed no later than April 13 in a trade name dispute between an energy company and a hydraulic fracturing company that are competing in the same energy market. The energy company contends that the fracking company should be permanently enjoined from using the name and should be compelled to produce the leases it has with landowners (American Energy Corporation v. American Energy Partners, No. 13-00886, S.D. Ohio).