ATLANTA - Appealing a lower court's finding that a visually impaired man sufficiently alleged that its website's purported lack of accessibility violates the Americans with Disabilities Act (ADA), Winn-Dixie Stores Inc. tells the 11th Circuit U.S. Court of Appeals in an Oct. 10 brief that the statute's accessibility requirements apply to physical locations, not websites (Winn-Dixie Stores Inc. v. Juan Carlos Gil, No. 17-13467, 11th Cir.).
WASHINGTON, D.C. - In its Oct. 10 order list, the U.S. Supreme denied a petition for certiorari in a children's pillowcase maker's suit against Amazon.com Inc., declining to consider questions regarding an online retailer's liability for the sale of a third party's goods that infringe another's patents or copyrights (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 17-287, U.S. Sup.).
WASHINGTON, D.C. - After being fully briefed in a putative class action over alleged anti-competitive behavior by Apple Inc. related to its App Store, the U.S. Supreme Court in its Oct. 10 order list invited the U.S. solicitor general to file a brief expressing the government's views on antitrust standing of direct and indirect purchasers, seeking input in considering Apple's petition for certiorari (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).
CHICAGO - A company has failed to show that its trade secrets misappropriation, trademark infringement, breach of contract and other claims against its former business partner are plausible on their face and, thus, dismissal of those claims is warranted, the former business partner argues in an Oct. 10 motion to dismiss filed in Illinois federal court (Mighty Deer Lick Inc., d/b/a Mighty Deer Lick Sweet Apple Inc., v. Morton Salt Inc., No. 17-5875, N.D. Ill.).
WASHINGTON, D.C. - A determination by the U.S. Patent and Trademark Office (PTO) - later upheld by a Virginia federal judge - that an attorney should be excluded from practicing before the PTO in light of his disbarment in North Carolina was itself upheld on Oct. 12 by the Federal Circuit U.S. Court of Appeals (Richard Polidi v. U.S. Patent and Trademark Office, No. 16-1997, Fed. Cir.).
BOSTON - The First Circuit U.S. Court of Appeals on Oct. 11 upheld findings by a Massachusetts federal judge that a disgruntled civil litigant conveyed a nonexclusive license to the "Ripoff Report" website when he clicked a box acknowledging that a user who posts on the site agrees to give the site's owner an "irrevocable right" to display the posting (Small Justice LLC, et al. v. Xcentric Ventures LLC, Nos. 15-1506, 16-1085, 1st Cir., 2017 U.S. App. LEXIS 19866).
ALEXANDRIA, Va. - In an Oct. 10 ruling, the Patent Trial and Appeal Board agreed to institute inter partes review (IPR) of a patented system for measuring data remotely (Unified Patents Inc. v. Kamatani Cloud LLC, No. IPR2017-01370, PTAB).
WASHINGTON, D.C. - In its Oct. 10 orders list, the U.S. Supreme Court announced that it will not review a case that posed the question of which test for substantial similarity controls when determining whether copyright infringement has occurred (Shame On You Productions Inc. v. Elizabeth Banks, et al., No. 17-180, U.S. Sup.).
SAN FRANCISCO - A street artist's limited liability company argues in an Oct. 6 brief in the Ninth Circuit U.S. Court of Appeals that a trial court's unclean hands judgment against it over registrations of the "Life is Beautiful" trademark failed to account for the fact that errors in the registrations were due to innocent mistakes, not fraud (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 17-55045, 9th Cir.).
WASHINGTON, D.C. - In an Oct. 5 reply brief before the U.S. Supreme Court, a party that initiated an inter partes review (IPR) proceeding with the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) argues that the agency's interim director incorrectly asserted that the scope of a final written decision from the board is not reviewable per the America Invents Act (AIA) (SAS Institute Inc. v. Joseph Matal, et al., No. 16-969, U.S. Sup.).
SAN FRANCISCO - Citing an inability by a copyright, patent and trade dress infringement plaintiff to serve a copy of its complaint on two defendants, a California federal judge on Oct. 6 found "good cause" to allow service by publication (Rain Design Inc. v. Spinido Inc., et al., No. 17-3681, N.D. Calif., 2017 U.S. Dist. LEXIS 166415).
WASHINGTON, D.C. - An appeal by pro se plaintiffs of a dismissal by the U.S. Court of Federal Claims of his allegations that the U.S. government committed patent and trademark infringement was turned away on Oct. 6 by the Federal Circuit U.S. Court of Appeals, which found that the patent claims were untimely and that the Claims Court lacked jurisdiction over the trademark portion of the case (John Sacchetti v. United States, et al., No. 17-1484, Fed. Cir., 2017 U.S. App. LEXIS 19530).
WASHINGTON, D.C. - A man convicted for computer fraud and misappropriation of his former employer's trade secrets saw his petition for certiorari denied Oct. 10, as the U.S. Supreme Court declined to consider his question about what constitutes access to a computer "without authorization" under the Computer Fraud and Abuse Act (CFAA) (David Nosal v. United States, No. 16-1344, U.S. Sup.).
WASHINGTON, D.C. - In its Oct. 10 order list, the U.S. Supreme Court denied a petition for certiorari by an online social media aggregator, which insisted that it had accessed users' data on Facebook Inc.'s social network with their consent and, thus, did not exceed authorization under the Computer Fraud and Abuse Act (CFAA) (Power Ventures Inc., et al. v. Facebook Inc., No. 16-1105, U.S. Sup.).
LOS ANGELES - After receiving adverse rulings for sanctions, contempt and a preliminary injunction, video-streaming service provider VidAngel Inc. saw three more movie studios join a copyright infringement lawsuit against it, with the Oct. 6 filing of a first amended complaint (FAC) (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-004109, C.D. Calif.).
ALEXANDRIA, Va. - A consolidated challenge to 22 claims of the patented cancer drug Alimta was rejected Oct. 5 by the Patent Trial and Appeal Board, which found that various petitions for inter partes review (IPR) failed to demonstrate that the claimed invention would have been obvious to a person of skill in the art (Sandoz Inc., et al. v. Eli Lilly & Company, No. IPR2016-00318, PTAB).
WASHINGTON, D.C. - A patent owner and licensee on Oct. 4 squared off with an inter partes re-examination challenger in oral arguments before the Federal Circuit U.S. Court of Appeals in a dispute over a reciprocating rotary arthroscopic instrument used to cut semi-rigid tissue such as bone and muscle (Smith & Nephew Inc. and Covidien LP v. Hologic Inc., No. 17-1008, Fed. Cir.).
SAN FRANCISCO - In an Oct. 5 order, a California federal judge denied a motion to dismiss breach of contract allegations levied by Yahoo! Inc. in favor of an earlier-filed patent infringement action pending in Texas federal court (Yahoo! Inc. v. MyMail Ltd., No. 16-7044, N.D. Calif., 2017 U.S. Dist. LEXIS 165642).
SAN FRANCISCO - In an Oct. 3 brief in the Ninth Circuit U.S. Court of Appeals, LinkedIn Corp. seeks reversal of a preliminary injunction preventing it from blocking a data analytics company from collecting and reusing its information, contending that it did not violate California's unfair competition law (UCL), while maintaining that the firm's bot-scraping activities violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).
WASHINGTON, D.C. - A democratic U.S. senator from Missouri introduced a bill on Oct. 5 that would strip patent holders of the ability to avoid inter partes review by the Patent Trial and Appeal Board (PTAB) by claiming tribal sovereign immunity.
WASHINGTON, D.C. - A Delaware federal judge erred by excluding priority date evidence and by instructing jurors that written description can be satisfied by the disclosure of a newly characterized antigen, the Federal Circuit U.S. Court of Appeals ruled Oct. 5 in a patent dispute over the cholesterol drug Repatha, which features the active ingredient "evolocumab" (Amgen Inc., et al., v. Sanofi, et al., No. 17-1480, Fed. Cir., 2017 U.S. App. LEXIS 19416).
TAMPA, Fla. - A Florida federal judge on Oct. 4 entered judgment in favor of an insurer in a "personal and advertising injury" coverage dispute, finding that the policy's intellectual property exclusion bars coverage because all of the underlying causes of action were dependent on the insured's infringement of a trademark (Land's End at Sunset Beach Community Association, Inc. v. Aspen Specialty Insurance Co., No. 17-1740, M.D. Fla., 2017 U.S. Dist. LEXIS 163457).
GULFPORT, Miss. - In an Oct. 2 rebuttal brief supporting its motion to compel discovery related to its computer fraud counterclaims in a decade-old false claims suit related to Hurricane Katrina claims, State Farm Fire and Casualty Co. calls its discovery requests "straightforward," while arguing that the counterdefendants failed to show that the requests are burdensome or cover privileged material (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).
SAN FRANCISCO - In an Oct. 4 order, the federal judge overseeing the trade secrets and patent infringement lawsuit against Uber Technologies Inc. granted plaintiff Waymo LLC's motion for a continuance and delayed the start of trial until early December (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).
WASHINGTON, D.C. - Citing the doctrine of collateral estoppel, the Federal Circuit U.S. Court of Appeals on Oct. 3 found that an inventor is barred from challenging a decision by the Patent Trial and Appeal Board that various claims of her patent are anticipated or obvious (In re: Lakshmi Arunachalam, No. 16-1607, Fed. Cir., 2017 U.S. App. LEXIS 19105).