LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Affirms: Tariff Act Not Violated

WASHINGTON, D.C. - A final determination by the U.S. International Trade Commission (ITC) that five patents relating to code division multiple access (CDMA) networks were not infringed or invalid was proper, the Federal Circuit U.S. Court of Appeals ruled Feb. 18 (InterDigital Communications Inc. v. United States International Trade Commission, No. 14-1176, Fed. Cir.).

Mealey's IP/Tech - Illinois Federal Judge: Patent Case Qualifies As Exceptional

CHICAGO - Although denying a request by declaratory judgment patent plaintiff Chicago Board Options Exchange Inc. (CBOE) for reimbursement of fees it incurred with various expert witnesses, an Illinois federal judge on Dec. 10 awarded CBOE its attorney fees after finding that the dispute over CBOE's screen-based trading system "CBOEdirect" became "exceptional" following a May 2012 ruling by the Federal Circuit U.S. Court of Appeals (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 07-623, N.D. Ill.; 2014 U.S. Dist. LEXIS 170651).

Mealey's Insurance - Judge: Insured's Claims Of Wrongful Investigation, Denial Of Coverage Fail

MCALLEN, Texas - Allegations that an insurer wrongly investigated or denied a claim for hailstorm damage fail, a Texas federal judge held Dec. 9, granting summary judgment to the insurer on claims for breach of contract, Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) violations, unfair insurance practices and breach of the duty of good faith and fair dealing (Carlos Alaniz v. Sirius International Insurance Corp., No. 14-215, S.D. Texas; 2014 U.S. Dist. LEXIS 169908).

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 - 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; Tariff Act Not Violated, Patents Not Implicated

WASHINGTON, D.C. - The International Trade Commission (ITC) properly found that Intel Corp. did not violate Section 1337 of the Tariff Act because its accused products are not covered by a plaintiff's patents, the Federal Circuit U.S. Court of Appeals held July 7 (X2Y Attenuators LLC v. International Trade Commission et al., No. 13-1340, Fed. Cir.).

Mealey's Securities/D&O Liability - Expert's Event Study Unreliable; 1st Circuit OKs Securities Summary Judgment

BOSTON - A trial court did not err in excluding as unreliable expert testimony on loss causation on behalf of a class of plaintiff shareholders who allege that Credit Suisse Securities fraudulently withheld information from the market about the 2001 merger of America Online (AOL) and Time Warner, a First Circuit U.S. Court of Appeals panel held May 14 (Bricklayers and Trowel Trades International Pension Fund, et al. v. Credit Suisse Securities [USA] LLC, et al., No. 12-1750, 1st Cir.; 2014 U.S. App. LEXIS 8994).

Mealey's Litigation Procedure - International Tribunal Bars U.S. / Mexico From NAFTA Arbitration Hearings

WASHINGTON, D.C. - An arbitration tribunal on May 12 rejected a request by the government of Canada to allow non-disputing parties to the North American Free Trade Agreement (NAFTA) from a case filed by a Detroit International Bridge Co., barring Mexico and the United States from attending future hearings or from having access to transcripts (Detroit International Bridge Co. v. The Government of Canada, NAFTA).

Mealey's Litigation Procedure - Expert's Event Study Unreliable; 1st Circuit OKs Securities Summary Judgment

BOSTON - A trial court did not err in excluding as unreliable expert testimony on loss causation on behalf of a class of plaintiff shareholders who allege that Credit Suisse Securities fraudulently withheld information from the market about the 2001 merger of America Online (AOL) and Time Warner, a First Circuit U.S. Court of Appeals panel held May 14 (Bricklayers and Trowel Trades International Pension Fund, et al. v. Credit Suisse Securities [USA] LLC, et al., No. 12-1750, 1st Cir.; 2014 U.S. App. LEXIS 8994).

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding

WASHINGTON, D.C. - Although an Illinois federal judge properly determined that the Chicago Board Options Exchange Inc. (CBOE) did not infringe a financial trading patent, she erred in deeming one of the patent's claims indefinite, the Federal Circuit U.S. Court of Appeals ruled April 7 (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 13-1326, Fed. Cir.).

Mealey's Litigation Procedure - PCA Orders Bolivia To Pay U.K. Investor $28 Million In Damages

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Jan. 31 ordered that the Plurinational State of Bolivia pay a U.K. company $28,927,582 in damages in an arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), finding that Boliva expropriated its investment in an electric company (Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, PCA Case No. 2011-17, PCA).

Man Convicted Of Computer Fraud Sentenced To Prison, Community Service, Fine

SAN FRANCISCO - A former Korn/Ferry International executive, whom a jury found guilty of computer fraud, misappropriation of trade secrets and conspiracy under the Computer Fraud and Abuse Act (CFAA), was sentenced to a year in prison and a $60,000 fine by a California federal judge on Jan. 8 (United States of America v. David Nosal, No. 3:08-cr-00237, N.D. Calif.).

Trade Court Says Federal Concessions Eliminate Controversy

NEW YORK - The U.S. Court of International Trade has dismissed claims stemming from the federal government's classification of imported tobacco products, saying Dec. 27 that the government had agreed to all relief sought by the plaintiff, leaving no issue in controversy (Shah Bros. Inc. v. United States, No. 10-00205, Intl. Trade; 2013 Ct. Intl. Trade LEXIS 162; SLIP OP. 2013-157).

ICSID Orders Guatemala To Pay Teco $28 Million In Investment Dispute

WASHINGTON, D.C. - After finding that the Republic of Guatemala breached a free trade agreement in relation to a Delaware company's investment in an energy firm, the International Centre for Settlement of Investment Disputes (ICSID) awarded the company $28,621,247 plus interest (Teco Guatemala Holdings LLC v. The Republic of Guatemala, No. ARB/10/17, ICSID).

Federal Circuit Affirms: Tariff Act Not Violated By Patent Defendant

WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding no violation of the Tariff Act by the importation of products alleged to have infringed two "machine vision" patents, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Cognex Corporation et al. v. International Trade Commission et al., No. 11-1098, Fed. Cir.).

Federal Circuit Affirms: Motorola Failed To Prove Microsoft Patents Invalid

WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding that Motorola Mobility LLC violated Section 337 of the Tariff Act when it imported and sold mobile devices that infringe Microsoft Corp.'s U.S. patent No. 6,370,566, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Motorola Mobility LLC v. International Trade Commission and Microsoft Corp., No. 12-1535, Fed. Cir.).

ITC Ruling Partly Affirmed In Microsoft, Motorola Patent Case

WASHINGTON, D.C. - Findings by the United States International Trade Commission (ITC) that Motorola Mobility Inc. did not infringe four Microsoft Corp. patents were partly affirmed and partly reversed Oct. 3 by the Federal Circuit U.S. Court of Appeals (Microsoft Corp. v. International Trade Commission and Motorola Mobility Inc., No. 12-1445, 1535, Fed. Cir.).

Justice Says Shareholder's Arguments Regarding Demand Futility Fail

NEW YORK - A New York state court justice granted a group of directors' and officers' motion to dismiss a shareholder derivative suit on Sept. 23 because the shareholder failed to show that presuit demand upon the company's board of directors would have been futile (International Painters and Allied Trades Industry Pension Fund v. Cantor Fitzgerald, L.P., et al., No. 650736/2012, N.Y. Sup., New York Co.).

International Arbitration Court Issues Order In NAFTA Dispute With Canada

THE HAGUE, Netherlands - A procedural order requiring the production of documents in a dispute in which an energy company alleges that Canada violated the North American Free Trade Agreement (NAFTA) was released by the Permanent Court of Arbitration (PCA) on Sept. 13 (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).

6th Circuit: Trade Dress Claim Should Not Have Gone To Jury

CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 12 reversed an Ohio federal judge's denial of judgment as a matter of law (JMOL) in favor of a defendant accused of trade dress infringement (Groeneveld Transport Efficiency Inc. v. Lubecore International Inc., No. 12-3545, 6th Cir.).

Federal Circuit Reverses Summary Judgment In Consolidated Patent Cases

WASHINGTON, D.C. - An Illinois federal judge erred in invalidating four patents by relying on a prior Federal Circuit U.S. Court of Appeals decision that considered two related patents from a plaintiff's portfolio, the Federal Circuit ruled Aug. 30 (Trading Technologies International Inc. v. Open E Cry LLC et al., No. 12-1583, Fed. Cir.).

Federal Circuit Partly Vacates ITC Rulings In Apple, Motorola Row

WASHINGTON, D.C. - A ruling by the International Trade Commission (ITC) that invalidated one claim of an Apple Inc. smartphone touch screen patent was reversed Aug. 7 by a divided Federal Circuit U.S. Court of Appeals, which also vacated findings that Motorola Mobility Inc. did not infringe a separate asserted patent (Apple Inc. v. International Trade Commission and Motorola Mobility Inc., No. 12-1338, Fed. Cir.).

ICSID Finds It Has Jurisdiction Over Treaty Claims Against Turkmenistan

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSD) on July 25 released a decision in which it rejected Turkmenistan's argument that a United Kingdom investor could file arbitration only under the United Nations Commission on International Trade Law (UNCITRAL) rules, finding that ICSID has jurisdiction over the company's bilateral investment treaty claims (Garanti Koza LLP v. Turkmenistan, No. ARB/11/20, ICSID).

Supreme Court Denies Review In Divestiture Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 denied Polypore International Inc.'s petition seeking review of an 11th Circuit U.S. Court of Appeals decision upholding a Federal Trade Commission ruling that Polypore's acquisition of Microporous Products would substantially lessen competition in three relevant North American markets for battery separators and that a complete divestiture, including a plant in Austria, was required to restore competition in those markets (Polypore International, Inc. v. Federal Trade Commission, No. 12-1016, U.S. Sup.).

D.C. Circuit Finds U.S. Trade Representative Properly Withheld Document

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 7 reversed a district court's ruling that the U.S. Trade Representative must release a document that was introduced during negotiations of a free-trade agreement with foreign nations, finding that the trade representative properly withheld the document as confidential (Center for International Environmental Law v. Office of the United States Trade Representative, et al., No. 12-5136, D.C. Cir.; 2013 U.S. Dist. App. LEXIS 11477).