CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on June 28 ruled that tax credits sought by the State of Illinois from a now-bankrupt company were not available based on amendments to the state's public utilities law (State of Illinois v. Chiplease Inc. $(In Re: Resource Technology Corp.$), No. 11-1633, Chapter 7, 7th Cir.; 2013 U.S. App. LEXIS 13271).
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 15 proceeding of Elpida Memory Inc. on June 25 approved Micron Technology Inc.'s 200 billion yen Japanese reorganization plan, which will give Micron control of all of Elpida's U.S. assets (In Re: Elpida Memory Inc., No. 12-10947, Chapter 15, D. Del. Bkcy.).
PITTSBURGH - Noting that an appeal is "virtually certain," a Pennsylvania federal judge on June 26 denied a request for $17.2 million in attorney fees until the Federal Circuit U.S. Court of Appeals can weigh in (Carnegie Mellon University v. Marvell Technology Group Ltd., No. 09-290, W.D. Pa.).
WASHINGTON, D.C. - After distributing two related patent cases for conference three weeks in a row, the U.S. Supreme Court on June 24 invited the U.S. solicitor general to share its views on whether all claimed steps of a method must be performed by a single entity to find induced patent infringement (Akamai Technologies Inc. v. Limelight Networks Inc., No. 12-960; Limelight Networks Inc. v. Akamai Technologies Inc., No. 12-786, U.S. Sup.).
MEMPHIS, Tenn. - A stay of patent infringement allegations levied against Apple Inc. was lifted June 21 by a Tennessee federal judge, who also denied the software giant's request to transfer the litigation to a California federal court (B.E. Technology LLC v. Apple Inc., No. 12-2831, W.D. Tenn.).
KANSAS CITY, Kan. - Ash Grove Cement Co. on June 19 agreed to pay $2.5 million in penalties and invest approximately $30 million to install new pollution control technologies at nine cement manufacturing plants and resolve violations of the Clean Air Act (CAA), according to a proposed consent decree filed in Kansas federal court (United States of America, et al. v. Ash Grove Cement Company, No. 13-cv-02299-JTM-DJW, D. Kan.).
CHARLOTTE, N.C. - Allegations by Garlock Sealing Technologies LLC that attorneys fraudulently obtained a settlement from Garlock for a mesothelioma victim should be dismissed because Garlock fails to provide evidence to create a genuine issue of material fact for a claim of fraud, the attorneys say June 14 in their second bid for summary judgment in North Carolina federal bankruptcy court (Garlock Sealing Technologies, LLC, et al. v. Chandler, et al., No. 12-03137, W.D. N.C. Bkcy.).
WILMINGTON, Del. - Battery maker Exide Technologies filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware on June 10, despite citing debts more than $1.14 billion and assets more than $1.89 billion. The company also says it has lined up $500 million in post-petition financing from JPMorgan Chase Bank (In Re: Exide Technologies, No. 13-11482, Chapter 11, D. Del. Bkcy.).
WILMINGTON, Del. - The foreign representatives of bankrupt computer chip maker Elpida Memory Inc. on May 22 moved in the U.S. Bankruptcy Court for the District of Delaware for an order enforcing Micron Technology Inc.'s 200 billion yen Japanese reorganization plan for the company (In Re: Elpida Memory Inc., No. 12-10947, Chapter 15, D. Del. Bkcy.).
SAN FRANCISCO - A copyright infringement and false advertising dispute over a software program used to operate a laboratory instrument was properly adjudicated by a California federal judge, the Ninth Circuit U.S. Court of Appeals affirmed May 16 (Wyatt Technology Corp. v. Malvern Instruments Inc. et al., No. 10-55343, 9th Cir.).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 3 affirmed dismissal of conspiracy and spam violations by four foreign banks, finding the plaintiffs' conspiracy allegations related to a purported "global Internet conspiracy to sell illegal prescription drugs" to be "conclusory and speculative" and insufficient to convey personal jurisdiction over the defendants in a Virginia court (Unspam Technologies Inc., et al. v. Andrey Chernuk, et al., No. 11-2406, 4th Cir.; 2013 U.S. App. LEXIS 9070).
PITTSBURGH - The plans of reorganization for refractory products manufacturers Global Industrial Technologies Inc. (GIT) and North American Refractories Co. (NARCO), which include multimillion-dollar trusts to pay asbestos and silica personal injury claims, became effective April 30, more than 11 years after the companies filed Chapter 11 petitions, according to notices filed May 1 in a Pennsylvania federal bankruptcy court (In re: Global Industrial Technologies, Inc., et al., No. 02-21626, and In re: North American Refractories Co., et al., W.D. Pa. Bkcy.).
OAKLAND, Calif. - Lead plaintiffs and defendants in a securities class action accusing the defendants of misrepresenting an information technology company's business and financial condition in violation of federal securities law have agreed to proceed with the filing of a second amended complaint and dismiss the action with prejudice, according to court documents filed in California federal court on April 29 (In re Cisco Systems Inc. Securities Litigation, No. 11-1568, N.D. Calif.).
WILMINGTON, Del. - A shareholder bringing a derivative lawsuit against certain directors and officers of a company over the directors' and officers' alleged violation of a shareholder-approved equity awards plan told a Delaware federal court on April 25 that he has adequately pleaded facts to support his claim that the directors and officers breached their fiduciary duties (Clark Leips, derivatively on behalf of Mindspeed Technologies, Inc., v. Raouf Y. Halim, et al., No. 13-cv-00015, D. Del.).
WASHINGTON, D.C. - A New York federal judge erred in granting a defendant's motion for summary judgment of patent invalidity, the Federal Circuit U.S. Court of Appeals ruled April 26 in a dispute over heart monitor technology (Biosig Instruments Inc. v. Nautilus Inc., No. 12-1289, Fed. Cir.).
WILMINGTON, Del. - Bankrupt Synagro Technologies Inc., which bills itself as the largest recycler of biosolids and organic residuals in the country, on April 25 moved in a bankruptcy court for approval of what could amount to more than $2.64 million in bonuses for executives and designated key employees (In Re: Synagro Technologies Inc., No. 13-11041, Chapter 11, D. Del. Bkcy.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 granted review of a Ninth Circuit U.S. Court of Appeals ruling regarding "appropriate equitable relief" under Section 502(a)(3) of the Employee Retirement Income Security Act and vacated and remanded in light of the high court's recent ruling in U.S. Airways, Inc. v. James McCutchen, et al. (No. 11-1285 $(April 16, 2013$)) (CGI Technologies and Solutions, Inc. v. Rhonda Rose, et al., No. 12-240, U.S. Sup.).
WASHINGTON, D.C. - A New York federal judge erred in granting a Federal Rule of Civil Procedure Rule 60(b) motion in a patent dispute over a method for laser inscription on gemstones, the Federal Circuit U.S. Court of Appeals ruled April 19 (Lazare Kaplan International Inc. v. Photoscribe Technologies Inc., No. 12-1247, Fed. Cir.).
WILMINGTON, Del. - A federal bankruptcy judge in Delaware and Pennsylvania on April 9 established the protocol for debtor Garlock Sealing Technologies LLC to follow to obtain information about asbestos claimants filed in 12 other Chapter 11 cases, making clear that the information can be used only for the asbestos liability proceeding in Garlock's case (In re: W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.).
SAN JOSE, Calif. - The plaintiff broadcasters in a copyright infringement lawsuit have sufficiently shown that discovery information sought via a subpoena on Google Inc. is relevant to their claims that Aereo Inc. has infringed their copyrighted content via its Internet streaming and time-shifting technology and products, a California federal magistrate judge ruled April 10, denying Aereo's motion to quash (American Broadcasting Companies Inc., et al. v. Aereo Inc., No. 5:12-mc-80300, N.D. Calif.; 2013 U.S. Dist. LEXIS 51894).
PITTSBURGH - Efforts by defendant Apple Inc. to invalidate a patent suffered a setback April 11, when a Pennsylvania federal judge rejected as untimely Apple's citations to newly identified prior art (Sight Sound Technologies LLC v. Apple Inc., No. 11-1292, W.D. Pa.).
SPRINGFIELD, Ill. - An email sent by patent infringement defendant Micron Technology Inc. to faculty members at the University of Illinois, while a cause for concern, is not worthy of an injunction, an Illinois federal judge ruled April 11 (Board of Trustees of the University of Illinois v. Micron Technology Inc., No. 11-2288, C.D. Ill.).
WILMINGTON, Del. - In conjunction with a claims construction order issued the same day, a Delaware federal judge on April 9 concluded that Apple Inc. did not infringe two patents pertaining to the random access channel (RACH) process in wireless communication technology with certain of its iPhone and iPad products (Golden Bridge Technology v. Apple Inc., et al., No. 1:10-cv-00428, D. Del.; 2013 U.S. Dist. LEXIS 50778).
LOS ANGELES - An Israeli digital camera company that does not sell directly to U.S. residents will nonetheless face patent infringement allegations in the United States, thanks to an April 8 ruling by a California federal judge (Digitech Image Technologies LLC v. Leaf Imaging Ltd., No. 12-1675, C.D. Calif.).
PITTSBURGH - Efforts by Marvell Technology Group Ltd. to seal demonstrative slides shown during a 2012 patent infringement trial that ended in a $1.1 billion award were unsuccessful on March 29, when a Pennsylvania federal judge ruled that the documents are subject to a common-law presumption of public access (Carnegie Mellon University v. Marvell Technology Group Ltd., No. 09-290, W.D. Pa.).