WASHINGTON, D.C. - A February 2012 ruling by the Federal Circuit U.S. Court of Appeals that patents are not exhausted as to products that are manufactured and sold in a foreign country remains intact, thanks to a March 25 denial of certiorari by the U.S. Supreme Court (Ninestar Technology Co. Ltd. et al. v. International Trade Commission et al., No. 12-552, U.S. Sup.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 18 affirmed a lower court's finding that a 2003 insurance policy's employers liability exclusion endorsement precludes the insurer's duty to defend against E.I du Pont de Nemours and Co.'s claim that the insured breached an indemnity agreement (Materials Evaluation and Technology Corp. v. Mid-Continent Casualty Co., No. 12-40186, 5th Cir.; 2013 U.S. App. LEXIS 5323).
WASHINGTON, D.C. - Two months after finding that an electronic circuit patent is invalid as indefinite, the Federal Circuit U.S. Court of Appeals announced March 15 that it would rehear the dispute en banc (Lighting Ballast Control LLC v. Universal Lighting Technologies Inc., Nos. 12-1014, 1015, Fed. Cir.).
WASHINGTON, D.C. - A Texas federal judge properly found infringement by nine power converter manufacturers, the Federal Circuit U.S. Court of Appeals ruled March 13 (SynQor Inc. v. Artesyn Technologies Inc., et al., Nos. 11-2011-1191, -1192, -1194, 2012-1070, -1071, -1072, Fed. Cir.).
KANSAS CITY, Kan. - A Kansas federal judge on March 12 refused to order a dispute alleging unfair competition or violation of the Kansas Uniform Trade Secret Act (KUTSA) stemming from a stock purchase agreement (SPA) into arbitration, saying the contract at issue is insufficiently specific to require the plaintiffs to submit to arbitration (Germains Seed Technology Inc. v. R&R Manufacturing Inc., et al., No. 2:12-cv-02737-CM, D. Kan.; 2013 U.S. Dist. LEXIS 33674).
WASHINGTON, D.C. - Citing its recent en banc ruling in Akamai Technologies Inc. v. Limelight Networks (692 F.3d 1301 $(Fed. Cir. 2012$)), the Federal Circuit U.S. Court of Appeals on March 13 vacated and remanded a California federal judge's finding that two gaming machine patents are not infringed (Aristocrat Technologies Australia PTY Ltd. et al. v. International Game Technology et al., No. 10-1426, Fed. Cir.).
WILMINGTON, Del. - U.S. Judge Gregory Sleet of the District of Delaware agreed March 6 to transfer a dispute over a technology patent to the U.S. District Court for the Northern District of California (ChriMar Systems Inc., et al. v. Cisco Systems Inc., et al., No. 11-1050, D. Del.).
WILMINGTON, Del. - A Delaware federal judge on March 1 ruled that Chapter 11 debtor Garlock Sealing Technologies LLC can obtain documents filed by asbestos claimants' attorneys in nine other asbestos-related bankruptcy cases, finding that a bankruptcy judge erred and abused her discretion in denying Garlock access to the exhibits (In Re: Motions for Access of Garlock Sealing Technologies LLC, No. 11-1130, D. Del.; 2013 U.S. Dist. LEXIS 28283).
TYLER, Texas - A Texas federal judge on Feb. 26 denied a motion for judgment as a matter of law (JMOL) to Apple Inc. following a jury's finding that the tech giant's FaceTime and VPN On Demand (VPNOD) features infringed four patents of a rival technology firm (VirnetX Inc. v. Apple Inc., No. 6:10-cv-00417, E.D. Texas).
PITTSBURGH - Efforts by a defendant recently ordered by jurors to pay $1.1 billion in patent infringement damages to force a plaintiff to produce privileged documents were rejected Feb. 28 by a Pennsylvania federal judge (Carnegie Mellon University v. Marvell Technology Group Ltd., No. 09-290, W.D. Pa.).
SAN JOSE, Calif. - A technology company on Feb. 20 announced in a statement that the International Court of Arbitration of the International Chamber of Commerce (ICC) has issued an award in its favor in a dispute over royalties allegedly owed under a patent license agreement between it and another company.
PITTSBURGH - A Pennsylvania federal bankruptcy judge on Feb. 13 reconfirmed on remand the Chapter 11 plan of reorganization for Global Industries Technologies Inc. (GIT), finding that concerns of the Third Circuit U.S. Court of Appeals about the legitimacy of a trust established by the plan to benefit silica claimants were "unfounded, mistaken, and without record support" (In re: Global Industrial Technologies, Inc., et al., No. 02-21626, W.D. Pa. Bkcy.; 2013 Bankr. LEXIS 594).
CLARKSBURG, W.Va. - Natural gas extraction companies sued in the U.S. District Court for the Northern District of West Virginia for personal injuries a well worker alleges were caused by exposure to hydraulic fracturing fluids were granted a motion Feb. 13 to exclude the plaintiff's causation expert (Salvatore M. Bombardiere Sr. v. Schlumberger Technology Corp., et al., No. 11-50, N.D. W.Va.; 2013 U.S. Dist. LEXIS 19451).
OMAHA, Neb. - A prevailing patent infringement defendant failed to persuade a Nebraska federal judge to award it attorney fees on Feb. 13 (Prism Technologies LLC v. McAfee Inc. et al., No. 10-220, D. Neb.).
SEATTLE - Granting a motion for summary judgment by Microsoft Corp., a Washington federal judge on Feb. 7 found three independent and 10 dependent claims in patents held by Motorola Inc. to be invalid as indefinite, per the guidelines of U.S. Code Title 35 Section 112, dismissing those claims from a patent dispute between the two technology corporations (Microsoft Corp. v. Motorola Inc., et al. No. 2:10-cv-01823, W.D. Wash.).
DALLAS - A patent dispute over smartphone technology was pared down Feb. 6 by a Texas federal judge who granted partial summary judgment on infringement allegations levied against Samsung Electronics Co. Ltd. and Samsung Telecommunications America LLC (Samsung, collectively) (Summit 6 LLC v. Samsung Electronics Co. Ltd., et al., No. 11-367, N.D. Texas).
DETROIT - Claims that a producer of oxidates monopolized the domestic market for oxidates following its purchase of a competitor's product line in violation of federal and state antitrust laws were untimely filed, a federal judge in Michigan ruled Feb. 5, concluding that price increases were not "independent" "acts that were unrelated to the merger" (Z Technologies Corporation v. The Lubrizol Corporation, No. 12-12206, E.D. Mich.; 2013 U.S. Dist. LEXIS 15125).
ST. PAUL, Minn. - The Eighth Circuit U.S. Court of Appeals on Feb. 5 affirmed a jury's $760,000 award for a former branch manager on his age bias and retaliation claims but refused the employee's request to recalculate the attorney fees based on the lodestar rates in a different location (James Trickey v. Kaman Industrial Technologies Corp., Nos. 12-1061 and 12-1177, 8th Cir.; 2013 U.S. App. LEXIS 2471).
WILMINGTON, Del. - Bankrupt alternative energy company Satcon Technology Corp. on Feb. 5 filed an emergency motion for an order converting its proceeding to a Chapter 7 bankruptcy because it has received no viable offers for selling its assets (In Re: Satcon Technology Corporation, No. 12-12869, Chapter 11, D. Del. Bkcy.).
SAN DIEGO - A prevailing patent infringement and trade secret misappropriation defendant is entitled to more than $12 million in attorneys fees, a California federal judge ruled Feb. 1 (Gabriel Technologies Corp. and Trace Technologies LLC v. Qualcomm Inc., et al., No. 08-1992, S.D. Calif.).
JACKSONVILLE, Fla. - Lender Processing Services Inc. (LPS), a Florida-based company that offers integrated technology and services to the mortgage and real estate industries, on Jan. 31 announced that it had reached a $127 million settlement with attorneys general in 46 states and the District of Columbia to resolve claims over its document preparation, which included the practice of robo-signing documents used in foreclosure proceedings.
WILMINGTON, Del. - The president of Powerwave Technologies Inc. on Jan. 30 filed a brief in the U.S. Bankruptcy Court for the District of Delaware arguing that the company needs immediate cash to finance its Chapter 11 bankruptcy proceeding because one of its lenders took $8.3 million from Powerwave's accounts without notice (In re: Powerwave Technologies Inc., No. 13-10134, Chapter 11, D. Del. Bkcy.).
SAN FRANCISCO - A California federal judge on Jan. 29 granted in part a defendant's motion to strike a second amended complaint (Volterra Semiconductor Corporation v. Infineon Technologies AG, No. 11-6239, N.D. Calif.).
OAKLAND, Calif. - A federal judge in California on Jan. 24 dismissed without prejudice an alleged patent troll's antitrust claims alleging that manufacturers of devices that use the Android operating system and an anti-troll company engaged in a group boycott of the plaintiffs' technology licenses (Cascades Computer Innovation LLC v. RPX Corporation, et al., No. 12-CV-01143, N.D. Calif.; 2013 U.S. Dist. LEXIS 10526).
CHARLOTTE, N.C. - All but one claim by Garlock Sealing Technologies LLC in an adversary action alleging that attorneys fraudulently obtained a settlement from Garlock for a mesothelioma victim have survived the attorneys' first bid to have the case dismissed, according to two orders issued Jan. 28 by a North Carolina federal bankruptcy judge (Garlock Sealing Technologies, LLC, et al. v. Chandler, et al., No. 12-03137, W.D. N.C. Bkcy.).