Author name: Gary

Copyright, Fourth Circuit

Deque Systems v. BrowserStack — Fourth Circuit Affirms Summary Judgment After Copyright Plaintiff’s Repeated Failure to Disclose Damages

The Fourth Circuit affirmed summary judgment for BrowserStack after Deque Systems repeatedly failed to disclose its damages calculations in a copyright infringement case over web accessibility software, holding that the district court properly excluded Deque’s damages evidence under Rule 37(c)(1) and that Deque failed to raise a genuine dispute on injunctive relief.

Federal Circuit, Patent Subject Matter Eligibility

AGI SureTrack v. Farmers Edge — Federal Circuit Affirms Farming Data Patents Are Ineligible Under §101 but Reopens Attorney’s Fees Question

The Federal Circuit affirmed that patents claiming automated farming data collection using generic computer components are directed to patent-ineligible abstract ideas under Alice, but vacated the district court’s unexplained denial of attorney’s fees and remanded for further proceedings.

District Courts, Utility Patent

Densys v. Align Technology & Medit — Dental Scanning Patents Survive Section 101 Challenge, but Willfulness and Indirect Infringement Claims Dismissed

The District of Delaware denied Align Technology’s bid to invalidate two intra-oral dental scanning patents under Section 101, finding the claims directed to specific technological improvements rather than abstract ideas, while dismissing willful and indirect infringement claims against both Align and Medit for failure to adequately plead pre-suit knowledge.

State Courts, Trademark, Federal

Sadeghi v. Little American Businesses — California Court Holds Ownership-Repackaged FAL and UCL Counts Cannot Anchor 15 U.S.C. § 1119 Trademark Cancellation Jurisdiction

Orange County Superior Court dismisses four federal trademark cancellation counts without leave to amend, holding that newly added Bus. & Prof. Code section 17500 and 17200 claims are merely repackaged ownership disputes that do not qualify as causes of action ‘involving a trademark registration’ under 15 U.S.C. section 1119.

State Courts, Trade Secret, State

Guild Mortgage v. CrossCountry Mortgage — California Court of Appeal Reverses Dismissal, Holds CUTSA Does Not Preempt Computer Fraud or Aiding-and-Abetting Claims

In a certified-for-publication opinion, the California Court of Appeal reversed dismissal of Guild Mortgage’s claims against CrossCountry Mortgage for aiding and abetting employee duty-of-loyalty breaches, holding for the first time that California’s trade secret statute does not preempt civil claims under the state’s computer fraud act.

Copyright, District Courts

Olson v. West, Woodward & Garrity — Copyright Claims Over Jury-Attitude Report Used by January 6 Defense Attorneys Survive Dismissal

A D.C. federal judge denied motions to dismiss copyright infringement claims brought by a jury consultant against three defense attorneys who downloaded her copyrighted jury-attitude report from a public court docket and filed it in support of their own clients’ January 6 venue-transfer motions without permission or payment.

Other International (India), Trademark, Federal

Hindware v. Google — Delhi High Court Holds Google Liable for Trademark Infringement Through Keyword Advertising Program

The Delhi High Court issued a permanent injunction against Google and awarded damages, holding that Google’s auction of the registered trademark ‘HINDWARE’ as a biddable keyword in its Ads program constitutes trademark infringement and that Google does not qualify for safe harbour protection as an intermediary.

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