News & Updates From Docket Navigator

Stipulation to Waive §§ 102 and 103 Defenses Weighs in Favor of Stay Pending IPR

The court granted defendant's motion to stay pending its petition for inter partes review because the potential simplification of issues and lack of undue prejudice favored a stay. "The Court agrees with [plaintiff] that at this point it is unknown whether the PTAB will institute IPRs of the asserted patents. . . . Yet the Court’s concerns are assuaged by [defendant's] proposed stipulation that if the Court grants the stay, [it] will waive any argument regarding prior art under 35 U.S.C. §§ 102 or 103 -- regardless of whether or not the IPR proceedings are instituted. The Court finds this [...]

2018-02-23T13:01:02+00:00 February 23rd, 2018|Docket Report, Patent|

City Ordinance Granting Monopoly Power Over Water/Sewage Services Does Not Provide Parker Immunity Over Natural Gas Services

The court denied the defendant City of LaGrange's motion to dismiss plaintiff's antitrust claim because the city was not entitled to State-Action immunity. "⁠[Plaintiff alleges the City's local ordinance] creates an unlawful tying arrangement because the City conditions the sale of its water utility services on the buyer purchasing natural gas, a different product in a different market. . . . In Zepp v. Mayor & Council of City of Athens, 339 S.E.2d 576 (Ga. 1986), the Georgia Supreme Court reaffirmed that a municipality’s authority to provide water utility services beyond its territorial limits is discretionary . . . . [...]

2018-02-23T12:59:02+00:00 February 23rd, 2018|Antitrust, Docket Report|

Ownership of Motion-Capture-Technology Software Does Not Extend to Program’s Output Used in Films

The court granted defendants' motion to dismiss plaintiffs' infringement claim because plaintiffs' copyright in a motion-capture-technology software did not extend to copyright ownership in the software's output files. "The Ninth Circuit recently acknowledged [in Design Data Corp. v. Unigate Enter., Inc., 847 F.3d 1169 (9th Cir. 2017)] that some authorities 'suggest that the copyright protection afforded a computer program may extend to the program’s output if the program "does the lion’s share of the work" in creating the output and the user’s role is so "marginal" that the output reflects the program’s contents.' . . . The Court does not [...]

2018-02-23T12:53:03+00:00 February 23rd, 2018|Copyright, Docket Report|

Weight Loss Supplement Claim That Study Participants Were “Asked Not To Change Their Lifestyle” Deemed False When Participants Were Free to Alter Their Lifestyle

The court granted defendant's motion for judgment as a matter of law that plaintiff's statement that its weight loss test subjects were "asked not to change their lifestyle" was false. "⁠[The] evidence shows that [plaintiff] sought to communicate to its consumers that, despite being required to make no changes to their diet and exercise routines, people taking Lipozene lost weight. Thus, an essential piece to this claim is that participants in the [study] were affirmatively asked not to change their diet and exercise, implying that any weight lost while taking Lipozene could not be due to a lifestyle change. However, [...]

2018-02-23T12:50:03+00:00 February 23rd, 2018|Docket Report, Trademark|

Disney’s Digital-Download Services’ Terms of Use Constitute Misuse

The court denied plaintiff Disney's motion to preliminarily enjoin defendant Redbox from reselling Disney's "Combo Pack" digital download codes because Disney's actions in relation to its digital download terms of use constituted copyright misuse. "There can be no dispute . . . that [plaintiff] Disney’s copyrights do not give it the power to prevent consumers from selling or otherwise transferring [its] Blu-ray discs and DVDs contained within Combo Packs. Disney does not contend otherwise. Nevertheless, the terms of both [of Disney's] digital download services’ license agreements purport to give Disney a power specifically denied to copyright holders by § 109(a). [...]

2018-02-22T12:58:02+00:00 February 22nd, 2018|Copyright, Docket Report|

No Credible Showing of Selective Antitrust Enforcement Dooms Request for DOJ-AG-White House Communications

The court denied defendants' motion to compel the production of communications between the DOJ, the Attorney General, and the White House about the proposed defendants' merger because defendants did not make a credible showing they had been subject to selective governmental enforcement. "It is . . . difficult to even conceptualize how a selective enforcement claim applies in the antitrust context, where each merger 'must be functionally viewed' in 'the context of its particular industry' . . . . As such, it is no surprise that defendants have mustered only one specific transaction--Comcast's 2011 acquisition of NBC Universal--as the requisite [...]

2018-02-22T12:54:02+00:00 February 22nd, 2018|Antitrust, Docket Report|

Select Examples of Redbox Kiosks Fading to Pink Does Not Establish Abandonment of Red Trademark

The court partially granted plaintiff's motion to strike defendant's abandonment affirmative defense because defendant's assertions were conclusory. "⁠[Defendant] alleges only that '⁠[plaintiff] has discontinued its use of the color red on its kiosks in the ordinary course of business, at least, with regard to certain locations, namely at . . . retail stores,' and that '⁠[plaintiff] has allowed a number of their kiosks to fade to a color that could better be described as pink.' The fact that [plaintiff] may have some blue and pink kiosks does not in any way suggest that it has discontinued use of the red [...]

2018-02-22T12:49:02+00:00 February 22nd, 2018|Docket Report, Trademark|

Use of Plaintiff’s Name in Post-Domain URL Not False Endorsement When URL Does Not Impact Search Results

Overruling plaintiff's objections to the magistrate judge's recommendation, the court granted defendant's motion for summary judgment of no false endorsement because plaintiff showed no actual confusion. "⁠[Plaintiff] attached a single review which he claims he drew from [defendant's] website. It states that an earlier shipment of a product was not as good as a later shipment. [Plaintiff] asks the Court to infer that the customer was referring to [plaintiff's product] in the first instance and [defendant's product] in the second. This, however, is speculation . . . . [Plaintiff also] alleges that search engines like Google would route customers to [...]

2018-02-21T13:38:02+00:00 February 21st, 2018|Docket Report, Trademark|

Insufficient Predominance Showing Precludes Class Certification for iPhone Purchasers Allegedly Forced into Contract with AT&T

The court denied plaintiffs' motion to certify a class of iPhone purchasers who were allegedly forced to remain in contracts with one phone service provider because plaintiffs failed to show class issues would predominate over individual issues. "⁠[Plaintiffs' expert] declaration is essentially lacking any data-driven analysis. Instead, [the expert] refers generically to an extant 'common methodology and data,' which he will supposedly use to 'reliably assess the existence and amount of damages to the Class members.' His failure to provide 'properly analyzed, reliable evidence that a common method of proof exists to prove impact on a class-wide basis' is fatal. [...]

2018-02-21T13:34:02+00:00 February 21st, 2018|Antitrust, Docket Report|

DMCA Not Implicated by Removal of Product Owner’s Name from Product Advertisement ​

The court granted defendant's motion for summary judgment that it did not violate the DMCA because removal of plaintiff's name in defendant's advertisements did not constitute a DMCA violation as a matter of law. "CMI exists to inform the public that a work is copyrighted and by whom. The four phrases of [plaintiff's] that [defendant] modified and used [in its advertisements], however, are not of such character. Only one even refers to [plaintiff]. No reader would find that the [plaintiff's name] as used in the phrase '⁠[plaintiff's product] is a safe, gentle, and pleasant way to harvest your honey' speaks [...]

2018-02-21T13:29:03+00:00 February 21st, 2018|Copyright, Docket Report|