LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Denies Mandamus, Says Patents Not At Issue

WASHINGTON, D.C. - A dispute over a patent owner's written correspondence to businesses and nonprofit organizations threatening infringement litigation should be heard in Vermont state court, the Federal Circuit U.S. Court of Appeals ruled Aug. 11 (In re: MPHJ Technology Investments LLC, No. 14-137, Fed. Cir.).

Mealey's Litigation Procedure - Garlock Bankruptcy Judge Sets Protocol For Release Of Confidentiality Information

CHARLOTTE, N.C. - At the direction of a federal judge, the North Carolina federal bankruptcy judge overseeing the Chapter 11 case of Garlock Sealing Technologies LLC on Aug. 1 established a protocol for allowing public access to sealed documents and testimony from Garlock's asbestos liability hearing (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Texas Federal Judge Denies New Trial On Willfulness

MARSHALL, Texas - A jury's verdict that a defendant directly and indirectly infringed a patent relating to cache memory but that the infringement was not willful will stand, a Texas federal judge ruled Aug. 4 (OPTi Inc. v. VIA Technologies Inc., No. 10-279, E.D. Texas).

Mealey's Bankruptcy - Garlock Bankruptcy Judge Sets Protocol For Release Of Confidentiality Information

CHARLOTTE, N.C. - At the direction of a federal judge, the North Carolina federal bankruptcy judge overseeing the Chapter 11 case of Garlock Sealing Technologies LLC on Aug. 1 established a protocol for allowing public access to sealed documents and testimony from Garlock's asbestos liability hearing (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Labor & Employment - 1st Circuit: Employee Failed To Prove Layoff During Reorganization Was Biased

BOSTON - A Boston University (BU) information technology employee who was laid off during a department reorganization failed to prove that his age cause his termination, the First Circuit U.S. Court of Appeals ruled July 30 (Michael Dunn v. Trustees of Boston University, No. 13-2272, 1st Cir.; 2014 U.S. App. LEXIS 14556).

Mealey's IP/Tech - In Wake Of Supreme Court Aereo Ruling, 9th Circuit Dismisses Related Appeal

PASADENA, Calif. - In light of the U.S. Supreme Court's recent ruling in American Broadcasting Companies, Inc., et al. v. Aereo, Inc., ([No. 13-461, U.S. Sup.; 2014 U.S. LEXIS 4496]), a Ninth Circuit U.S. Court of Appeals panel on July 29 dismissed an appeal that pertained to nearly identical television streaming and transmission services and technology that were deemed infringing in that case (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 13-55156, 13-55157, 13-5526 and 13-55228, 9th Cir.).

Mealey's IP/Tech - Technology Liability Suit Proper Case For Abstention, Federal Judge Rules

TAMPA, Fla. - A Florida federal judge on July 23 dismissed a technology liability insurer's lawsuit challenging coverage for a $347,854.58 judgment against its internet consultant insured, finding that the applicable considerations weigh in favor of abstention (Hartford Fire Insurance Co. v. Tonya Donahue, et al., No: 8:14-cv-829-T-30AEP, M.D. Fla.; 2014 U.S. Dist. LEXIS 100320).

Mealey's Insurance - Technology Liability Suit Proper Case For Abstention, Federal Judge Rules

TAMPA, Fla. - A Florida federal judge on July 23 dismissed a technology liability insurer's lawsuit challenging coverage for a $347,854.58 judgment against its Internet consultant insured, finding that the applicable considerations weigh in favor of abstention (Hartford Fire Insurance Co. v. Tonya Donahue, et al., No: 8:14-cv-829-T-30AEP, M.D. Fla.; 2014 U.S. Dist. LEXIS 100320).

Mealey's IP/Tech - Federal Circuit Denies Mandamus In Cellphone Patent Dispute

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating to cellular telephone technology (In re: Nokia Inc. and Nokia Corporation, No. 14-133, Fed. Cir.).

Mealey's IP/Tech - Delaware Federal Judge Awards Amazon Fees In Patent Dispute

WILMINGTON, Del. - A patent infringement plaintiff was ordered to pay Amazon.com Inc. $130,046 in attorney fees on July 23, after a Delaware federal judge found that the plaintiff's proffered construction of a disputed claim term was objectively unreasonable (Technology Innovations LLC v. Amazon.com Inc., No. 11-690, D. Del.).

Mealey's Bankruptcy - Federal Judge Reverses Confidentiality Rulings In Garlock's Bankruptcy Case

CHARLOTTE, N.C. - A North Carolina federal judge on July 23 reversed rulings by the bankruptcy judge in the Chapter 11 case of Garlock Sealing Technologies LLC sealing evidence and filings and excluding the news media from the hearing to estimate Garlock's liability for asbestos personal injury claims, finding that the bankruptcy judge erred in issuing broad protective orders that prevented public access to the hearing (Legal Newsline v. Garlock Sealing Technologies LLC, No. 13-464, W.D. N.C.).

Mealey's IP/Tech - Federal Circuit: ITC Review Of Order Not Procedurally Sound

WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology Inc. v. International Trade Commission, et al., Nos. 13-1240, -1363, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Affirms: Apple Not Liable For Patent Infringement

WASHINGTON, D.C. - A Delaware federal judge properly absolved Apple Inc. of allegations that the software giant infringed two patents pertaining to the random access channel (RACH) process in wireless communication via its iPhone and iPad products, the Federal Circuit U.S. Court of Appeals ruled July 14 (Golden Bridge Technology v. Apple Inc., No. 13-1496, Fed. Cir.).

Mealey's IP/Tech - Jury Finds Apple Did Not Infringe Live Streaming Patent With IPhone, IPad

SAN JOSE, Calif. - A jury in the U.S. District Court for the Northern District of California on July 11 found no infringement by Apple Inc. of an Israeli corporation's patent related to live video and audio streaming technology (Emblaze Ltd. v. Apple Inc., No. 5:11-cv-01079, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit Affirms, With Modification, Invalidity Holding

WASHINGTON, D.C. - A Texas federal judge did not err in failing to consider a certificate of correction issued by the U.S. Patent and Trademark Office in a smartphone application patent dispute, the Federal Circuit U.S. Court of Appeals ruled July 11 (H-W Technology L.C. v. Overstock.com Inc., Nos. 14-1054, -1055, Fed. Cir.).

Mealey's Antitrust/Unfair Competition - Judge: UCL Claim Fails For Lack Of Unlawful Activity In California, Public Harm

ALBANY, N.Y. - An Australian technology company cannot pursue claims against a French company under California's unfair competition law (UCL) alleging that it misrepresented the performance of a licensed software product because there is no evidence that any alleged misrepresentation occurred in California and because there are no allegations of injury to the general public, a New York federal judge held July 9 (CingleVue International Pty, Ltd. v. eXo Platform NA, LLC, No. 13-818, N.D. N.Y.; 2014 U.S. Dist. LEXIS 93634).

Mealey's IP/Tech - Federal Circuit: Mandate Forecloses Modification Of Patent Damages

WASHINGTON, D.C. - A Texas federal judge did not err in denying a motion to modify a damages award following a defendant's partly successful appeal of a patent infringement judgment, the Federal Circuit U.S. Court of Appeals ruled July 7 (Retractable Technologies Inc. v. Becton, Dickinson and Company, No. 13-1567, Fed. Cir.).

Mealey's Litigation Procedure - Magistrate: Beverage Firm May Use Expert Report For Bottling Dispute Damages

CINCINNATI - A beverage company's damages expert has "specialized knowledge, experience, training, and education" to be useful in the damages phase of a dispute over a bottling contract dispute, an Ohio federal judge ruled June 26, denying a motion to exclude (Dominion Liquid Technologies LLC v. GT Beverage Co. LLC, et al., No. 1:11-cv-00444, S.D. Ohio; 2014 U.S. Dist. LEXIS 87075).

Mealey's IP/Tech - Federal Circuit Affirms Findings In Dispute Over Web Functionality Patents

WASHINGTON, D.C. - Yahoo! Inc. was properly granted summary judgment that it does not infringe two patents relating to the addition of functionality, such as media or advertisements, to a web page, the Federal Circuit U.S. Court of Appeals ruled June 20 (Augme Technologies Inc. v. Yahoo! Inc., Nos. 13-1121, -1195, Fed. Cir.).

Mealey's Insurance - Panel: Court Hardly 'Sounded Death Knell' Of Litigation Over Industrial Accident

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 10 found that a lower federal court erred when it entered final judgment pursuant to Federal Rule of Civil Procedure 54(b) against an insurer, concluding that the lower court left unresolved issues in a coverage dispute arising from an industrial accident that occurred on a decommissioned platform off the Louisiana coast (Tetra Technologies, et al. v. Continental Insurance Co., No. 13-30516, 5th Cir.; 2014 U.S. App. LEXIS 10811).

Mealey's IP/Tech - U.S. Supreme Court: No Inducement Liability Without Direct Infringement

WASHINGTON, D.C. - In a unanimous holding on June 2, the U.S. Supreme Court found that a defendant is not liable for inducing infringement under 35 U.S. Code Section 271(b) when no one has directly infringed under Section 271(a) or "any other statutory provision" (Limelight Networks Inc. v. Akamai Technologies Inc. and The Massachusetts Institute of Technology, No. 12-786, U.S. Sup.).

Mealey's IP/Tech - Illinois Federal Judge Denies Dismissal Of Microsoft Patent Case

CHICAGO - An Illinois federal judge on May 27 denied a request by Microsoft Corp. for dismissal of patent infringement allegations levied in connection with video-streaming technology (Video Streaming Solutions LLC v. Microsoft Corp., No. 13-7031, N.D. Ill.).

Mealey's IP/Tech - Divided Federal Circuit Upholds Patent Re-Examination Holding

WASHINGTON, D.C. - A decision by a patent examiner with the Central Reexamination Unit (CRU) that was later upheld by the U.S. Patent and Trademark Office's (PTO) Board of Patent Appeals and Interferences confirming that two claims of a hearing aid patent are not obvious was upheld by the Federal Circuit U.S. Court of Appeals May 27 (K/S HIMPP v. Hear-Wear Technologies LLC, No. 13-1549, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Patent Invalidity Holding

WASHINGTON, D.C. - A Virginia federal judge did not err in finding that three claims of a computer server controller patent are invalid as anticipated by a "Usenet" newsgroup post, the Federal Circuit U.S. Court of Appeals ruled May 27 (Suffolk Technologies LLC v. AOL Inc. and Google Inc., No. 13-1392, Fed. Cir.).

Mealey's Litigation Procedure - 6th Circuit Affirms Dismissal Of Antitrust Claims Related To Merger As Untimely

CINCINNATI - Claims that a producer of oxidates monopolized the domestic market for the product following its purchase of a competitor's product line in violation of federal and state antitrust laws were untimely filed, the Sixth Circuit U.S. Court of Appeals affirmed May 23, concluding that the producer's raising prices and enforcing a noncompete clause under the acquisition agreement were not new and independent acts that were unrelated to the merger and, therefore, did not retrigger the date from which the statute of limitations is measured (Z Technologies Corporation v. The Lubrizol Corporation, No. 13-1254, 6th Cir.; 2014 U.S. App. LEXIS 9597).