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LexisNexis® Mealey's™ Intellectual Property Legal News

WASHINGTON, D.C. - There is no legal basis for treating processes differently from other categories of patentable subject matter, an attorney for inventors Bernard Bilski and Rand Warsaw argued before the U.S. Supreme Court on Nov. 9 (Bernard L. Bilski, et al. v. John J. Doll, No. 08-964, U.S. Sup.). Full story on lexis.com



Intel Corp. and Advanced Micro Devices announced Nov. 12 that they have settled all outstanding antitrust and intellectual property disputes between the two companies, with Intel paying $1.25 billion to AMD and AMD and Intel entering into a five-year cross-licensing agreement. Full story on lexis.com



WILMINGTON, Del. - A federal judge on Oct. 27 rejected efforts by technology giants Microsoft Corp. and Dell Inc. to bifurcate a patent infringement case pending against them in the U.S. District Court for the District of Delaware (Arendi Holding Ltd. v. Microsoft Corp. and Dell Inc., No. 09-119-JJF, D. Del.). Full story on lexis.com



WILMINGTON, Del. - Citing the absence of an actual case or controversy, a federal judge in Delaware on Oct. 30 dismissed a declaratory judgment action filed earlier this year by Microsoft Corp. (Microsoft Corp. v. WebXchange Inc., No. 09-484-JJF, D. Del.). Full story on lexis.com



WILMINGTON, Del. - Citing a lack of personal jurisdiction, a federal judge in Delaware on Nov. 9 dismissed the owner, president and chief executive officer of a corporate co-defendant from a patent infringement lawsuit (CNH America LLC v. Jon E. Kinzenbaw and Kinze Manufacturing Inc., No. 08-945, D. Del.). Full story on lexis.com



WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 3 held that a patent license agreement that extends for the life of the licensed patents even after the expiration of the agreement protected subsidiaries formed or acquired after the agreement's expiration from infringement litigation (Imation Corp. v. Koninklijke Philips Electronics, N.V., et al., Nos. 2009-1208, -1209, Fed. Cir.). Full story on lexis.com



WASHINGTON, D.C. - The U.S. Court of Federal Claims on Oct. 26 dismissed for lack of subject matter jurisdiction a complaint alleging infringement by federal agencies of pending patent applications, saying that neither statute nor the Fifth Amendment provides jurisdiction in such a situation (La Tretha E. Stroughter v. The United States and Jerome W. Smith v. The United States, Nos. 09-404C, -413C, Fed. Clms.). Full story on lexis.com



LUFKIN, Texas - A federal judge in Texas on Nov. 10 refused to transfer a patent infringement case to Minnesota, finding that although several factors slightly favored transfer, others were neutral or weighed against it, including the Texas court's familiarity with the patents in suit and the law governing a settlement agreement at issue, which it found to weigh heavily against transfer (Deep Nines, Inc. v. McAfee, Inc. and Secure Computing Corp., No. 9:09CV89, E.D. Texas). Full story on lexis.com



MONTGOMERY, Ala. - A federal judge in Alabama on Nov. 9 dismissed, although without prejudice, state law claims brought by Auburn University against International Business Machines Corp. (IBM) in a patent dispute on grounds that the claims were preempted by federal patent law (Auburn University v. International Business Machines Corporation, No. 3:09cv694-WHA, M.D. Ala.). Full story on lexis.com



CLEVELAND - A dispute over a design and method that simplifies the installation process for windshields ended in a verdict on Nov. 10, with jurors finding in favor of a plaintiff patent holder (Saint-Gobain Autover Use Inc., et al. v. Xinyi Automobile Glass North America Inc., et. al., No. 06-CV-2781, N.D. Ohio). Full story on lexis.com



WASHINGTON, D.C. - When considering the registrability of a mark including a ".com" suffix, the Trademark Trial and Appeal Board may consider the prevalence of the same term in the Web site addresses of others who provide the same services, the Federal Circuit U.S. Court of Appeals held Nov. 6 (In Re 1800Mattress.com IP, LLC, No. 2009-1188, Fed. Cir.). Full story on lexis.com



SAN FRANCISCO - A federal judge on Nov. 4 cleared the way for a trademark infringement plaintiff to amend the federal register to more accurately reflect its listing (One True Vine LLC v. The Wine Group LLC, No. C09-1328, N.D. Calif.). Full story on lexis.com



CHICAGO - An intellectual property dispute over the band name "Alacranes Musical" and related music was resolved in part on summary judgment on Nov. 4 by a federal judge in Illinois, who found that a record company plaintiff had demonstrated a "greater-than-negligible" chance of succeeding on the merits of some of its claims (Aguila Records Inc. v. Nueva Generacion Music Group et al., No. 09C3399, N.D. Ill.). Full story on lexis.com



LOS ANGELES - In a three-page preliminary injunction issued Nov. 5, a federal judge in California blocked efforts by two members of the band Sublime to continue performing under the Sublime name following the death of their former front man Bradley Nowell (The Estate of Bradley Nowell et al. v. Floyd Gaugh IV et al., No. 2:09-cv-7631, C.D. Calif.). Full story on lexis.com



WASHINGTON, D.C. - Evidence of a mark's acquired distinctiveness submitted during prosecution automatically becomes part of the record in a cancellation proceeding, and there is no need for the mark holder to resubmit it, the Federal Circuit U.S. Court of Appeals held Nov. 5 (The Cold War Museum, Inc. v. Cold War Air Museum, Inc., No. 2009-1172, Fed. Cir.). Full story on lexis.com



CHICAGO - A 99-year license to use the "V05" trademark granted a licensee the right to make small changes to the appearance of the mark, the Seventh Circuit U.S. Court of Appeals held Oct. 28 (Sunstar Inc. v. Alberto-Culver Company and Bank One Corporation, Nos. 07-3288, 3289, 08-3836, 3931, 3936, 7th Cir.). Full story on lexis.com



LAS VEGAS - A hotel and casino in Las Vegas filed a complaint against a travel Web site on Nov. 6, in the U.S. District Court for the District of Nevada, alleging trademark infringement and cybersquatting for the site's use of a domain name that the hotel says is confusingly similar to its mark (New York-New York Hotel & Casino LLC v. Ronnie Katzin, et al., No. 2:09-cv-02139, D. Nev.). Full story on lexis.com



ATLANTA - In a complaint filed Nov. 3 in the U.S. District Court for the Northern District of Georgia, AT&T Mobility LLC says that its chief rival, Verizon Wireless, has engaged in false advertising by running television and print advertisements suggesting that AT&T does not provide wireless coverage in much of the United States (AT&T Mobility LLC v. Cellco Partnership d/b/a Verizon Wireless, No. 1:09-cv-3057, N.D. Ga.). Full story on lexis.com



CINCINNATI - Finding no reversible error, the Sixth Circuit U.S. Court of Appeals on Nov. 4 left undisturbed a district court endorsement of a jury verdict in favor of Bridgeport Music Inc., owner of the copyright for George Clinton's "Atomic Dog" (Bridgeport Music Inc. v. UMG Recordings Inc. and Universal Music Investments Inc., No. 07-5596, 6th Cir.). Full story on lexis.com



CHICAGO - Clarifying its prior decision in Gracen v. Bradford Exchange (698 F.2d 300 [1983]) on several fronts, the Seventh Circuit U.S. Court of Appeals on Nov. 5 found that a photographer could potentially own copyrights in photographs he took at the request of a client (Daniel P. Schrock d/b/a Dan Schrock Photography v. Learning Curve International Inc., RC2 Brands Inc. and HIT Entertainment, No. 08-1296, 7th Cir.). Full story on lexis.com



NEW YORK - A New York federal judge on Nov. 4 denied a motion to reconsider an earlier order in which he had denied a motion to intervene in the Google Library Project (GLP) case by a group of pictorial copyright holders, stating that such an intervention would prejudice the existing parties that "have been negotiating and renegotiating a complicated settlement agreement for several years" (The Authors Guild Inc., et al. v. Google Inc., No. 1:05-cv-08136-JES, S.D. N.Y.; See 10/05/09, Page 20). Full story on lexis.com



LOS ANGELES - In response to a copyright infringement complaint filed against it by a group of record labels and in opposition to a subsequent temporary restraining order (TRO) granted by a California federal judge, Internet music download service Bluebeat Inc. on Nov. 10 argues that the songs it offered for sale "are not mere copies of original sound recordings" but are "independent, original sounds" (Capitol Records LLC, et al. v. Bluebeat Inc., et al., No. 09-08030, C.D. Calif.). Full story on lexis.com



SAN JOSE, Calif. - Barnesandnoble.com LLC (B&N) on Nov. 2 was hit with a lawsuit in the U.S. District Court for the Northern District of California, charging the book retailer with trade secrets misappropriation related to its recently announced "Nook" e-book reader (Spring Design Inc. v. Barnesandnoble.com LLC, No. 09-05185, N.D. Calif.). Full story on lexis.com



[Editor's Note: The following items of interest appeared recently on the LexisNexis Patent Law Center and the LexisNexis Copyright & Trademark Law Center. Devoted to patent, copyright and trademark litigation and intellectual property issues, the Patent and Copyright & Trademark Centers are where you can connect with other IP professionals to discuss the hottest issues. Become a regular contributor. Visit the centers on the open Web for headlines, discussion, commentaries and more at: http://law.lexisnexis.com/practiceareas/patent and http://law.lexisnexis.com/practiceareas/copyright-Law.] Full story on lexis.com



Case: Adidas America Inc., et al. v. Payless Shoesource Inc., Nos. 08-36039, 08-36040, 09-35259, 09-35261, 9th Cir.; See 9/22/08, Page 25. Full story on lexis.com



Case: General Conference Corporation of Seventh-day Adventists, et al. v. Walter McGill, et al., No. 09-5723, 6th Cir. Full story on lexis.com



Case: The Shell Company Ltd. v. Los Frailes Service Station, Inc., No. 09-1279, 1st Cir. Appellant brief: Filed Aug12 by Los Frailes Service Station IncAppellant brief available 78-091116-001B Full story on lexis.com



Case: Advice Co. v. James Novak and Attorney Yellow Pages.com LLC, No. 09-15376, 9th Cir.; See 2/2/09, Page 15. Full story on lexis.com



Case: Verizon Services Corp., et al. v. Cox Fibernet Virginia Inc., et al., No. 09-1086 and 09-1098, Fed. Cir.; See 5/4/09, Page 48. Full story on lexis.com



Case: Lawler Manufacturing Co., Inc. v. Bradley Corporation and Kevin B. Kline, No. 09-1390, Fed. Cir.; See 6/2/08, Page 5. Full story on lexis.com



Case: Appliance Recycling Centers of America Inc., et al. v. JACO Environmental Inc., et al., No. 09-55168, 9th Cir.; See 9/1/09, Page 34. Full story on lexis.com



Case: A&M Records Inc., et al. v. John Lamonte, et al., No. 08-56105, 9th Cir.; See 8/17/09, Page 36. Full story on lexis.com



Case: Amir Cyrus Ahanchian v. Xenon Pictures Inc., et al., Nos. 08-56667, 08-56906, 9th Cir.; See 9/1/09, Page 35. Full story on lexis.com



Case: Macel Juergens, et al. v. William Watt, No. 09-60471, 5th Cir.; See 6/1/09, Page 13. Appellant brief: Filed Sept9 by Macel Juergens d/b/a Designs by MacelAppellant brief available 78-091116-003B Full story on lexis.com



ALEXANDRIA, Va. - Less than two weeks after the U.S. Patent and Trademark Office announced that it would rescind a series of "highly controversial regulations" proposed by the previous administration, an inventor who filed suit over those regulations dismissed his complaint on Oct. 19 (Triantafyllos Tafas, et al. v. Kappos, et al., No. 1:07cv846, E.D. Va.; 2008 U.S. Dist. LEXIS 26086). Full story on lexis.com



WILMINGTON, Del. - A federal judge in Delaware concluded Oct. 23 that an abbreviated new drug application (ANDA) by several pharmaceutical makers would infringe a series of patents relating to the glaucoma drug Alphagan P (In re: Brimonidine Patent Litigation, No. 07-md-1866 GMS, D. Del.). Full story on lexis.com



TRENTON, N.J. - Assertions by Teva Pharmaceuticals USA Inc. that Novartis Pharmaceuticals Corp. (NPC) and Novartis Pharma AG (NPAG) lack standing to bring a patent infringement action involving famciclovir were rejected Oct. 21 by a federal judge in New Jersey in an unpublished decision (Novartis Pharmaceuticals Corporation and Novartis Pharma AG v. Teva Pharmaceuticals USA Inc., No. 05-CV-1887, D. N.J.). Full story on lexis.com



ST. LOUIS - A federal judge in Missouri on Oct. 26 denied several summary judgment motions involving infringement, validity and enforceability in a patent infringement case involving intensive care unit technology, while taking the same action on most issues involving alleged trade secret misappropriation (Cerner Corporation v. Visicu, Inc., No. 04-1033-CV-W-GAF, W.D. Mo.). Full story on lexis.com



MILWAUKEE - A federal judge in Wisconsin on Oct. 26 rejected allegations that a patent infringement defendant has violated the terms of a permanent injunction it agreed to in a previous settlement (The First Years Inc. and Learning Curve Brands Inc. v. Munchkin Inc., No. 07-cv-558, W.D. Wis.). Full story on lexis.com



WASHINGTON, D.C. - A federal judge on Oct. 26 denied attorney fees to Mirror Lite Co. in a long-running infringement suit involving Rosco Inc., although the judge awarded costs and prejudgment interest totaling nearly $645,000 (Rosco, Inc. v. Mirror Lite Co., No. CV-96-5658, E.D. N.Y.). Full story on lexis.com



NEW YORK - Direct purchasers of desmopressin acetate tablets (DDAVP) have antitrust standing to pursue their claims that the patent holder and its licensee inflated the price of DDAVP by suppressing generic competition, where the patent previously had been declared unenforceable due to inequitable conduct before the U.S. Patent and Trademark Office, the Second Circuit U.S. Court of Appeals ruled Oct. 16 (In re: DDAVP Direct Purchaser Antitrust Litigation [Meijer, Inc., et al. v. Ferring B.V., et al.], No. 06-5525-cv, 2nd Cir.; 2009 U.S. App. LEXIS 22719). Full story on lexis.com



WILMINGTON, Del. - Asserting infringement of 10 patents, Nokia Corp. on Oct. 22 took aim at the popular iPhone in litigation before the U.S. District Court for the District of Delaware (Nokia Corporation v. Apple Inc., No. 09-cv-791, D. Del.). Full story on lexis.com



BOSTON - Courgette, a program employed by Google Inc. that aids the search giant in compressing updates for its Chrome browser, is guilty of patent infringement, Red Bend Ltd. and Red Bend Software Inc. assert in an Oct. 26 complaint filed in the U.S. District Court for the District of Massachusetts (Red Bend Ltd. and Red Bend Software Inc. v. Google Inc., No. 09-11813, D. Mass.). Full story on lexis.com



NEW YORK - AOL LLC and two affiliated companies filed an answer in New York federal court on Oct. 23, denying counterclaims by Yahoo! Inc. in a dispute over patents related to adware (AOL LLC, et al. v. Yahoo! Inc., et al., No. 09-cv-3774, S.D. N.Y.). Full story on lexis.com



NEW YORK - A federal judge in New York on Oct. 14 rejected assertions by the American Society of Composers, Authors and Publishers (ASCAP) that retail wireless companies should be required to obtain public performance licenses for musical compositions because they provide ringtones to their customers (In re: Application of Cellco Partnership d/b/a Verizon Wireless, No. 09-Civ-7074, S.D. N.Y.). Full story on lexis.com



NEW ORLEANS - A finding by a Texas federal judge that a copyright infringement plaintiff transferred its rights to a third party and thus lacked standing was erroneous, the Fifth Circuit U.S. Court of Appeals held Oct. 22 (Alvertis Isbell d/b/a Alvert Music v. DM Records Inc., No. 09-40343, 5th Cir.). Full story on lexis.com



CINCINNATI - A longstanding dispute between a series of record companies was resolved Oct. 21, when the Sixth Circuit U.S. Court of Appeals agreed with a Tennessee federal judge that a voluntary dismissal of the action did not automatically entitle the defendants to an award of attorney fees and costs (Bridgeport Music Inc., et al v. Universal-MCA Music Publishing Inc., et al., Nos. 08-5254/55/56/57/58/59/60/61/62/63/64/65/66/67/68/69/70/71/72/7, 6th Cir.). Full story on lexis.com



HOUSTON - Deeming identical the designs of several beveled doors marketed by two competing door makers, a federal judge in Texas granted a copyright infringement plaintiff partial summary judgment on Oct. 22 (Glasscraft Door LLP v. Seybro Door & Weatherstrip Co. Inc., et al., No. H-08-2667, S.D. Texas). Full story on lexis.com



NEW YORK - A group of record labels and music publishing companies filed a second amended complaint on Oct. 23, rejoining the founder and chief executive officer of www.mp3.com to their copyright complaint against the company that runs the Web site and adding a claim for infringement of public display rights (Capitol Records LLC, et al. v. MP3tunes LLC, et al., No. 07-9931, S.D. N.Y.). Full story on lexis.com



NEW YORK - A federal judge on Oct. 19 found that the first sale doctrine does not provide a defense to copyright infringement claims levied by a textbook publisher (John Wiley & Sons, Inc. v. Supap Kirtsaeng d/b/a BlueChristine99, et al., No. 08-cv-7834, S.D. N.Y.). Full story on lexis.com



SAN FRANCISCO - Software maker Symantec Corp. was handed a divided ruling on Oct. 20 by a federal judge in California who granted in part and denied in part a plaintiff's motion for summary judgment against several defendants accused of counterfeiting (Symantec Corporation v. Logical Plus Inc., et al., No. 06-7963, N.D. Calif.). Full story on lexis.com



ERIE, Pa. - Despite a decision to the contrary by the National Arbitration Forum (NAF), a Pennsylvania federal judge on Oct. 16 issued a consent order of judgment requiring accused cybersquatters to transfer ownership of an infringing Internet domain to the holder of the corresponding trademark (The American Automobile Association Inc. v. James M. Van Johns, et al., No. 1:09-cv-00219, W.D. Pa.). Full story on lexis.com



Case: Finisar Corp. v. The DirecTV Group Inc., et al., No. 09-1410, Fed. Cir.; See 9/1/09, Page 32. Full story on lexis.com



Case: Heather A. Davis v. Brouse McDowell LPA and Daniel Thomson, No. 09-1395, Fed. Cir.; See 9/21/09, Page 46. Full story on lexis.com



Case: Technical Furniture Group LLC, et al. v. CBT Supply Inc., et al., No. 2009-1041, Fed. Cir.; See 7/20/09, Page 53. Full story on lexis.com



Case: Superior Seafoods Inc., et al. v. Tyson Foods Inc., et al., No. 09-2031, 8th Cir.; See 8/17/09, Page 46. Full story on lexis.com



Case: William Nagler, M.D. v. Dr. Jay Garcia, et al., No. 09-1471, 6th Cir.; See 8/17/09, Page 44. Full story on lexis.com



Case: Bridgeport Music Inc., et al. v. Bad Boy Entertainment Inc., et al., No. 09-5501, 6th Cir.; See 8/17/09, Page 37. Full story on lexis.com



Case: R.C. Olmstead Inc. v. CU Interface LLC, et al., No. 09-3428, 6th Cir.; See 8/17/09, Page 38. Full story on lexis.com



Case: Chitunda Tillman v. New Line Cinema, et al., No. 09-1636, 7th Cir.; See 8/17/09, Page 40. Appellant reply brief: Filed July 31 by Chitunda TillmanAppellant reply brief available 78-091102-005B Full story on lexis.com



WASHINGTON, D.C. - Federal courts have no jurisdictional standing to hear copyright disputes involving unregistered works, law professor Deborah Jones Merritt told the U.S. Supreme Court on Oct. 7 (Reed Elsevier Inc., et al. v. Irvin Muchnick, et al., No. 08-103, U.S. Sup.; See 6/15/09, Page 46).[Editor's Note: Reed Elsevier Inc. is the parent company for LexisNexis, of which LexisNexis Mealey Publications is a division.] Full story on lexis.com



SAN FRANCISCO - A maker of cloned Apple computers sought summary judgment on Oct. 8 in its ongoing dispute with Apple Inc., asserting that the under the first sale doctrine of the Copyright Act, it is immune from infringement allegations in connection with its product; the same day, Apple also sought summary judgment in the U.S. District Court for the Northern District of California with regard to defendant Psystar Corp.'s affirmative defenses (Apple Inc. v. Psystar Corporation, No. 08-3251, N.D. Calif.). Full story on lexis.com



LOS ANGELES - The maker of the CYBERsitter "Internet content filtering program" sued CBS Interactive Inc. in a California federal court on Oct. 5, accusing the online content network of content infringement related to the distribution of an allegedly infringing program on a Chinese Web site (CYBERsitter LLC, d/b/a Solid Oak Software v. CBS Interactive Inc., et al., No. 09-7245, C.D. Calif.). Full story on lexis.com



GREENBELT, Md. - Finding that the defendants in a copyright case consented to a forum selection clause, a judge in the U.S. District Court for the District of Maryland on Oct. 1 found that court to be the proper venue for the case and denied the defendants' motion to dismiss or transfer (CoStar Realty Information Inc., et al. v. Copier Country New York LLC, et al., No. 08-cv-3469, D. Md.; 2009 U.S. Dist. LEXIS 91046). Full story on lexis.com



WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 13 granted en banc rehearing of a panel decision from April involving issues related to package licensing of patents in a per curiam ruling (Princo Corporation and Princo America Corporation v. International Trade Commission and U.S. Philips Corporation, No. 2007-1386, Fed. Cir.). Full story on lexis.com



WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 6 affirmed a lower court's judgment in favor of an eBay subsidiary, Skype Technologies SA, in an infringement suit involving patents for network communications technology brought by Peer Communications Corp., a subsidiary of patent holding company Acacia Research Corp. (Peer Communications Corporation v. Skype Technologies SA, et al., No. 2009-1069, Fed. Cir.). Full story on lexis.com



MARSHALL, Texas - A magistrate judge in Texas on Oct. 9 construed a series of disputed terms in litigation involving a series of broad patents relating to methods and systems that automate the process of formatting and delivering advertising to all types of media (Function Media LLC v. Google Inc., No. 2:07-CV-279, E.D. Texas). Full story on lexis.com



CINCINNATI - A federal judge in Ohio on Oct. 9 rejected assertions by a plaintiff that the makers and distributors of Hannah Montana and Cheetah Girls talking posters committed patent infringement (Aaron Clark and John Peirano v. The Walt Disney Co. et al., No. 08-982, E.D. Ohio.). Full story on lexis.com



WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 6 upheld the dismissal of a design patent infringement suit that it found "objectively baseless" and affirmed an award of sanctions against the plaintiff, whom it said had disregarded warnings after bringing numerous prior unsuccessful suits (Tony Colida v. Nokia, Inc., No. 2009-1326, Fed. Cir.). Full story on lexis.com



OMAHA, Neb. - A patent dispute over a vented cap design was resolved Sept. 30 in favor of Nike Inc. when a federal judge in Nebraska refused to grant inventor Gerald A. Kellogg judgment as a matter of law (JMOL) (Gerald A. Kellogg v. Nike Inc., No. 8:07CV70, D. Neb.). Full story on lexis.com



SAN DIEGO - The privilege over redacted portions of e-mails between a defendant company in a patent infringement suit and its counsel was not waived by disclosure of the information to the manufacturer of the product at issue, a federal magistrate judge ruled Oct. 1 after finding that the defendant company and the manufacturer shared a common interest in the information (Pulse Engineering Inc. v. Mascon Inc., et al., No. 08cv0595, S.D. Calif.; 2009 U.S. Dist. LEXIS 92971). Full story on lexis.com



MADISON, Wis. - A federal magistrate judge in Wisconsin on Oct. 13 rejected a defense request for attorney fees in what he deemed a case of "the tail wagging the dog" (Spacesaver Corporation v. The Marvel Group Inc., No. 08-cv-354, W.D. Wis.). Full story on lexis.com



TYLER, Texas - In a complaint filed Oct. 6 in the U.S. District Court for the Eastern District of Texas, technology firm Eolas Technologies Inc. sued 22 disparate companies for patent infringement, asserting that technology associated with each defendant's Web site infringes two of its patents directly and indirectly (Eolas Technologies Inc. v. Adobe Systems Inc., et al., No. 6:09-cv-446, E.D. Texas). Full story on lexis.com



LOS ANGELES - In a lawsuit filed Oct. 13 in the U.S. District Court for the Central District of California, Pitney Bowes Inc. (PB) took aim at a company developing a system for paperless mail, alleging patent infringement (Pitney Bowes Inc. and Pitney Bowes Software Inc. v. Zumbox Inc., No. 09-7373, C.D. Calif.). Full story on lexis.com



PORTLAND, Ore. - A federal magistrate judge did not err in concluding that two of the Sleekcraft factors for likelihood of confusion favor a trademark owner in his lawsuit with adidas America Inc., a federal judge in Oregon held Oct. 8 (adidas America Inc. v. Michael Calmese, No. 08-CV-91-ST, D. Ore.). Full story on lexis.com



DETROIT - A dispute between a licensor and licensee over the "Days Inn" trademarks was resolved primarily in favor of Days Inn Worldwide Inc. on Sept. 30, when a federal judge in Michigan deemed the mark valid and infringed by a series of corporate defendants (Days Inn Worldwide Inc. f/k/a Days Inn of America Inc. v. Adrian Motel Company LLC et al., No. 07-13523, E.D. Mich.). Full story on lexis.com



NEWARK, N.J. - Even though the registrant of an infringing Internet domain never actively used the domain to conduct business, a New Jersey federal judge in his findings of fact and accompanying order issued Sept. 28 found that the registrant was guilty of cybersquatting because the domain was registered with "bad faith intent to profit" from a competitor's mark (Richard Zinn, et al. v. Karin Seruga, et al., No. 05-3572, D. N.J.; 2009 U.S. Dist. LEXIS 89915; See March 2008, Page 39). Full story on lexis.com



CHICAGO - After its warnings of trademark infringement went unheeded, plush toy maker Ty Inc. on Oct. 9 sued retail chain Target Corp. in the U.S. District Court for the Northern District of Illinois (Ty Inc. v. Target Corp., No. 1:09-cv-6348, N.D. Ill.). Full story on lexis.com



INDIANAPOLIS - An 11-page trademark infringement complaint filed in Indiana state court in September was removed to the U.S. District Court for the Southern District of Indiana on Oct. 1 in a case that could define the trademark rights of Peeps marshmallow candies (Just Born Inc. v. Recycled Paper Greetings Inc., No. 09-cv-1232, S.D. Ind.). Full story on lexis.com



SEATTLE - The maker of "Instant Immersion" language learning software sued Rosetta Stone Ltd. on Oct. 6 in the U.S. District Court for the Western District of Washington, seeking a declaration that its product packaging does not constitute trade dress infringement (Topics Entertainment Inc. v. Rosetta Stone Ltd., No. 09-1408, W.D. Wash.). Full story on lexis.com



BROOKLYN, NY - NBC Universal Inc. and CNBC Inc. were named as defendants on Oct. 6 in a copyright and trademark lawsuit filed in the U.S. District Court for the Eastern District of New York, when they were accused of violating the terms of their license to a series of fonts (The Font Bureau Inc. v. NBC Universal Inc., CNBC Inc., No. 1:09-cv-4286, E.D. N.Y.). Full story on lexis.com



[Editor's Note: The following items of interest appeared recently on the LexisNexis Patent Law Center and the LexisNexis Copyright & Trademark Law Center. Devoted to patent, copyright and trademark litigation and intellectual property issues, the Patent and Copyright & Trademark Centers are where you can connect with other IP professionals to discuss the hottest issues. Become a regular contributor. Visit the centers on the open Web for headlines, discussion, commentaries and more at: http://law.lexisnexis.com/practiceareas/patent and http://law.lexisnexis.com/practiceareas/copyright-Law.] Full story on lexis.com



Case: MGA Entertainment Inc., et al. v. Mattel Inc., Nos. 09-55673, 09-55812, 9th Cir.; See 12/15/08, Page 20. Full story on lexis.com



Case: Super Duper Inc. d/b/a Super Duper Publications v. Mattel Inc., No. 09-1397, 4th Cir.; See 8/3/09, Page 33. Full story on lexis.com



Case: Great Clips Inc. v. Hair Cuttery of Greater Boston LLC, Great Cuts Inc. and Ratner Companies LC, d/b/a Hair Cuttery and Great Cuts, No. 09-1376, 1st Cir.; See 8/17/09, Page 43. Full story on lexis.com



Case: PhotoCure ASA v. John J. Doll, No. 09-1393, Fed. Cir. Appellant brief: Filed July 21 by John JDoll, acting undersecretary of Commerce for intellectual property and acting director of the USPatent and Trademark OfficeAppellant brief available 78-091019-010B Full story on lexis.com



Case: Paice LLC v. Toyota Motor Corporation, Toyota Motor North America, Inc. and Toyota Motor Sales, U.S.A., Inc., No. 09-1399, Fed. Cir.; See 11/1/07, Page 11. Full story on lexis.com



Case: Cynthia Donn Tessler v. National Broadcasting Co. Inc., No. 09-1495, 4th Cir.; See 8/3/09, Page 26. Full story on lexis.com



Case: Latin American Music Company, d/b/a ACEMLA, et al. v. American Society of Composers, Authors and Publishers, No. 08-1498, 1st Cir.; See 6/1/09, Page 57. Full story on lexis.com



Case: Douglas Hofmann, et al. v. Martha O'Brien, No. 09-1408, 4th Cir.; See 9/1/09, Page 40. Appellee brief: Filed Sept9 by Douglas Hofmann and Courtney JenkinsAppellee brief available 78-091019-015B Full story on lexis.com



Case: Estate of Roberto Hevia, et al. v. Heriberto Figueroa-Marrero, et al., Nos. 09-1096, 09-1097, 1st Cir.; See 8/3/09, Page 29. Full story on lexis.com



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