TAMPA, Fla. - On remand from the 11th Circuit U.S. Court of Appeals, a Florida federal judge on Aug. 8 found that although the number of hours spent pursuing copyright infringement claims was "excessively high," a plaintiff was nonetheless entitled to an award of $1.1 million in attorney fees...

ALEXANDRIA, Va. - In an Aug. 9 ruling, a Virginia federal judge declared "Booking.com" a descriptive trademark that has acquired secondary meaning in Class 43 for hotel reservation services (Booking.com B.V. v. Joseph Matal, No. 16-425, E.D. Va., 2017 U.S. Dist. LEXIS 126320).

ALEXANDRIA, Va. - In an Aug. 8 decision, the Patent Trial and Appeal Board found that Comcast Cable Communications LLC established a reasonable likelihood that it will prevail on its allegation that at least one of 24 claims in an interactive program guide patent would have been obvious to a person of...

WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which...

WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney...

TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's...

WILMINGTON, Del. - Allegations by two plaintiffs that 12 patents were infringed by the manufacture and sale of certain televisions, laptops and tablets were partly dismissed Aug. 11 by a Delaware federal judge on the basis of license agreements that cover some of the accused products (MiiCs and Partners...

ALEXANDRIA, Va. - Six claims of a patented system for spinal cord stimulation (SCS) are targeted in an Aug. 11 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Nevro Corp. v. Boston Scientific Neuromodulation Corp., No. IPR2017-01920, PTAB).

NEW YORK - A dispute over engagement rings marketed by Costco Wholesale Corp. with "Tiffany" signage ended in a $19.35 million award on Aug. 14, when a New York federal judge agreed that the jeweler is entitled to trebled damages (Tiffany and Company v. Costco Wholesale Corp., No. 13-1041,...

SHERMAN, Texas - A plaintiff will be permitted another opportunity to depose the author of a patent opinion letter at the expense of an infringement defendant "as a remedy" for conduct by defense counsel, a Texas federal judge ruled Aug. 11 (Tech Pharmacy Services LLC v. Alixa Rx LLC, No. 15...

KNOXVILLE, Tenn. - A dispute over a patented plastic bifold table sold within the Eastern District of Tennessee should proceed in Michigan federal court, a Tennessee federal judge concluded Aug. 14 (Maxchief Investment Limited v. Plastic Development Group LLC, No. 16-63, E.D. Tenn., 2017 U.S. Dist. LEXIS...

SAN FRANCISCO - Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged...

WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual...

WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad...

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud...

WASHINGTON, D.C. - In an Aug. 11 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Samsung Electronics Co. Ltd. and related entities defended the propriety of a December 2016 ruling by the Patent Trial and Appeal Board, which deemed myriad claims of a wireless hot-spot technology patent...

ALEXANDRIA, Va. - In an Aug. 15 petition for inter partes review (IPR) before the Patent Trial and Appeal Board, Apple Inc. argues that a noninvasive physiological sensor patent "attempts to claim" a "simple concept" that had "been in common usage years before" the underlying...

ALEXANDRIA, Va. - A Novartis A.G. patent covering a method of administering the immunosuppressant fingolimod hydrochloride (FTY720) would have been obvious to a person of skill in the art, two drug companies argue in an Aug. 15 petition for inter partes review (IPR) by the Patent Trial and Appeal Board...

PHILADELPHIA - A Pennsylvania federal judge on Aug. 16 agreed with Amazon.com Inc. and Amazon Web Services Inc. (moving defendants, collectively) that a pro se plaintiff's claims of copyright infringement and unfair competition under the Lanham Act should be dismissed (Gordon Roy Parker v. PayPal...

SAN FRANCISCO - Allegations that a defendant gained access to copyrighted electronic design automation (EDA) software through fraud in violation of the Copyright Act are adequately pleaded, a California federal judge ruled Aug. 15 in denying a motion to dismiss (Synopsys Inc. v. Ubiquiti Network Inc...

SAN FRANCISCO - In an Aug. 16 appellee brief, Dropbox Inc. (DBI) tells the Ninth Circuit U.S. Court of Appeals that a trial court correctly found that it had priority of use of the "Dropbox" trademark and that a smaller rival's claims also failed under the doctrine of laches because it...

ST. LOUIS - A maker of industrial fasteners argues in an Aug. 16 brief that a trial court erred in declining to grant an award of infringer's profits and in finding that it acted fraudulently in obtaining its trademark registration, asking the Eighth Circuit U.S. Court of Appeals to reverse the judgment...

CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal...

CHICAGO - Allegations that a defendant violated the Lanham Act when operating a "painting night" business under the name "Wine & Canvas" were properly rejected by jurors, the Seventh Circuit U.S. Court of Appeals ruled Aug. 17 (Wine & Canvas Development LLC, et al. v. Christopher...

WASHINGTON, D.C. - Allegations that Expedia Inc. and other travel websites infringed a patented system for creating and updating order lists were properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (Cronos Technologies LLC v. Expedia Inc., et al., No. 16-2528...