Non-Precedential ‘Win’ for Record Labels: 9th Circuit Denies Attorney’s Fees for Voluntarily Dismisse Defendant By Sharona Hakimi – Edited by Aaron Dulles Interscope Records v. Leadbetter, February 6, 2009,  No. 07-3582 Court of Appeals Ruling District Court Ruling On February 6, 2009, the Ninth Circuit Court of Appeals affirmed the decision of a W.D. Washington District Court denying defendant Dawnell Leadbetter’s motion for attorney’s fees and costs. In December of 2006 a group of recording companies voluntarily dismissed their claims against ... Read More...

Federal Circuit, in a 2-1 Decision, Affirms Nonobviousness Determination in Medical Supply Case; Split Highlights Difficulty of Claim Construction By Chris Kulawik –- Edited by Stephanie Weiner Kinetic Concepts, Inc. v. Blue Sky Medical Group, Inc. Federal Circuit, February 2, 2009, Nos. 07-1340, 07-1341, & 07-1342 Slip Opinion In a 2-1 split, the Federal Circuit affirmed a nonobviousness determination in a contentious dispute between medical technology companies. The case turned on the construction of the claim term “treating a wound” ... Read More...

Ninth Circuit Denies Rehearing En Banc in Quon v. Arch Wireless Text Message Privacy Case By Debbie Rosenbaum — Edited by Christina Hayes Quon v. Arch Wireless Operating Co. Ninth Circuit, No. 07-55282 Order denying rehearing en banc Opinion concurring in denial of rehearing en banc Opinion dissenting from denial of rehearing en banc On January 27, 2009, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, a case decided by a Ninth Circuit panel in June ... Read More...

Federal Circuit Affirms Judgment Against Qualcomm, Limits Remedy of Patent Unenforceability By Aaron Dulles – Edited By Stephanie Weiner Qualcomm Inc. v. Broadcom Corp., Federal Circuit, December 1, 2008, No. 2007-1545 & 2008-1162 Slip opinion On December 1, 2008, the Federal Circuit affirmed in part the District Court for the Southern District of California, no. 05-CV-1958, holding that Qualcomm breached its duty to disclose relevant video-compression technology patents during its participation in a standards-setting organization (“SSO”). However the Federal Circuit ... Read More...

District Court Enjoins Certain Advertising Practices; Keylogger Software Once Again Available FTC v. CyberSpy Software, LLC, November 6, 2008, 6:08-cv-1872 Preliminary Injunction On November 24th, Judge Presnell presided over a hearing regarding the temporary restraining order put in place by the court on November 6th. The preliminary injunction is significanty more limited than the original TRO, which had prevented CyberSpy from selling its “RemoteSpy” keylogger software entirely. The new order primarily enjoins CyberSpy from promoting, selling, or distributing RemoteSpy, or its ... Read More...