ALEXANDRIA, Va. - Citing four pieces of allegedly invalidating prior art, Netflix Inc. on Sept. 15 sought inter partes review before the Patent Trial and Appeal Board of a patent relating to the use of one device to select content for playback on another device (Netflix Inc. v. Convergent Media Solutions LLC, No. IPR2016-01812, PTAB).
ALEXANDRIA, Va. - Several medical device makers on Sept. 15 took aim at a patent that claims a belt connector for electrically connecting an electrode belt to a biometric device, in a new petition for inter partes review filed with the Patent Trial and Appeal Board (Natus Medical Inc., et al., v. Nox Medical EHF, No. IPR2016-01822, PTAB).
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Sept. 14 revealed that it will review a patent covering teleconference technology, at the request of Microsoft Corp. (Microsoft Corp. v. Keith A. Raniere, No. IPR2016-00663, PTAB).
RIVERSIDE, Calif. - In an unpublished opinion, a California federal judge on Sept. 14 remanded claims for violation of California's unfair competition law (UCL) and wrongful foreclosure to state court, finding that a borrower failed to show that diversity jurisdiction existed because both the borrower and a law firm named as defendant were citizens of California (Jin Ju Sung v. Bank of America, N.A., et al., No. 16-1797, C.D. Calif.; 2016 U.S. Dist. LEXIS 125198).
NEW YORK - A New York federal judge on Sept. 15 stayed claims asserted by consumers for violation of California's unfair competition law (UCL), negligent misrepresentation and other causes of action asserted against a seller of snack foods pending the outcome of a decision by the Food and Drug Administration on the use of the word "natural" on product labels (In re: Kind LLC "Health and All Natural" Litigation, Nos. 15-MD-2645 [WHP],15-MC-2645 [WHP], S.D. N.Y.; 2016 U.S. Dist. LEXIS 125752).
DETROIT - A federal magistrate judge did not err in recommending that a defendant's motion for summary judgment be granted because the available medical evidence supports the denial of a disability claimant's long-term disability claim, a Michigan federal judge said Sept. 13 in adopting the magistrate judge's report and overruling the claimant's objections to the report (Scott M. Bennetts v. AT&T Umbrella Plan No. 1, No. 15-10087, E.D. Mich.; 2016 U.S. Dist. LEXIS 123583).
JACKSON, Miss. - Finding that material facts are in dispute in a professional liability coverage action, a Mississippi federal judge on Sept. 13 denied the insurer's motion for judgment on the pleadings and to dismiss counterclaims and allowed parties to conduct discovery and move for summary judgment (Twin City Fire Insurance Co. v. Joseph B. Moffett, No. 15-111, S.D. Miss., Western Div.; 2016 U.S. Dist. LEXIS 123952).
TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).
NEW ORLEANS - Former gasket and insulation distributor Eagle Inc. filed a Chapter 11 plan of reorganization and disclosure statement Sept. 13 in Louisiana federal bankruptcy court, a day after one of its insurers sought to have the debtor's case dismissed, saying the bankruptcy petition was filed in bad faith and Eagle has no reasonable chance of being rehabilitated (In re: Eagle, Inc., No. 15-12437, E.D. La. Bkcy.).
NEW YORK - A federal judge in New York on Sept. 14 denied New York City and New York state's motion to impose sanctions on the attorneys representing United Parcel Service Inc. in a tobacco trafficking suit because the judge found that the city and state's failure to produce certain pieces of evidence during discovery was accidental (The State of New York, et al. v. United Parcel Service Inc., No. 15-cv-1136, S.D. N.Y.).
WASHINGTON D.C. - A federal judge in the District of Columbia on Sept. 15 partially granted and partially denied motions to dismiss filed by the companies accused of negligently hiring the man who killed seven people and injured two in the 2013 Navy Yard shooting, allowing only negligent retention and supervision claims to proceed to the discovery phase of the nine separate suits over the same shooting (James B. Frasier Jr, et al. v. HP Enterprise Services LLC, No. 15-1492, Patricia Delorenzo v. HP Enterprise Servs., LLC, No. 1:15-cv-0216-RMC, John Proctor v. HP Enterprise Servs., LLC, No. 1:15-cv-1494-RMC, Priscilla Halmon-Daniels v. The Experts, Inc., No. 1:15-cv-1501-RMC, Michelle Kohler v. HP Enterprise Servs., LLC, No. 1:15-cv-1636-RMC, Tracy Ridgell v. HP Enterprise Servs., LLC, No. 1:15-cv-1637-RMC, Erin Zagami v. HP Enterprise Servs., LLC, No. 1:15-cv-1638-RMC, Jane Mae McCullough v. HP Enterprise Servs., LLC, No. 1:15-cv-1639-RMC, Jennifer Jacobs v. The Experts, Inc., No. 1:15-cv-2242-RMC, D. D.C.; 2016 U.S. Dist. LEXIS 125231).
BOSTON - A First Circuit U.S. Court of Appeals panel on Sept. 13 affirmed that an Employee Retirement Income Security Act plan participant's beneficiaries were not entitled to a guaranteed single-life annuity because he died before the beginning of the annuity payments (Brian O'Shea, et al. v. UPS Retirement Plan, et al., No. 15-1923, 1st Cir.; 2016 U.S. App. LEXIS 16734).
ATLANTA - An 11th Circuit U.S. Court of Appeals on Sept. 15 affirmed an Alabama federal judge's rejection of a lawsuit filed by the Equal Employment Opportunity Commission accusing an employer of racial discrimination when it enforced a grooming policy that barred dreadlocks (Equal Employment Opportunity Commission v. Catastrophe Management Solutions, No. 14-13482, 11th Cir.; 2016 U.S. App. LEXIS 16918).
MINNEAPOLIS - A federal magistrate judge in Minnesota on Sept. 15 consolidated a pair of securities class action lawsuits against Target Corp. and certain of its executive officers and appointed the law firm of Robbins Geller Rudman & Dowd as lead counsel (In re Target Corp. Securities Litigation, No. 16-1315, D. Minn.).
TUCSON, Ariz. - The State of Arizona has not proven beyond a reasonable doubt that a jury would have convicted a defendant of second-degree murder even had it heard expert testimony criticizing the methods used by firearms examiners to match a gun to a crime, an Arizona appeals panel majority held Sept. 13, reversing the conviction (The State of Arizona v. Joseph Javier Romero, No. 2 CA-CR 2012-0378, Ariz. App., Div. 2; 2016 Ariz. App. LEXIS 217).
TYLER, Texas - After a seven-day trial in Texas federal court, a jury on Sept. 14 found that Apple Inc. infringed the asserted claims of a patent related to a method for detecting buffer status conditions, awarding the patentee more than $22 million (Cellular Communications Equipment LLC v. Apple Inc., No. 6:14-cv-00251, E.D. Texas).
WASHINGTON, D.C. - A tribunal appointed in a second arbitration involving claims asserted against the Republic of Chile in relation to the military seizure of a newspaper in the 1970s released an award on Sept. 14 in which it found that the former owner of the newspaper was not entitled to more than $422 million in damages and dismissed all claims (Victor Pey Casado and Foundation Presidente Allende v. Republic of Chile, No. ARB/98/2, ICSID).
PHILADELPHIA - The first Tylenol multidistrict litigation bellwether trial scheduled to start Sept. 19 was continued to a future date on Sept. 15 by the Pennsylvania federal judge overseeing the MDL (In Re: Tylenol [Acetaminophen] Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 2346, No. 13-md-2436, Rana Terry, et al. v. McNeil-PPC, Inc., et al., No. 12-7263, E.D. Pa.).
SAN DIEGO - A California federal judge on Sept. 13 dismissed a class action involving a recalled device that measures patients' blood clotting times, but gave the plaintiffs leave to file an amended complaint (Dina Andren, et al. v. Alere, Inc., et al., No. 16-1255, S.D. Calif.; 2016 U.S. Dist. LEXIS 124252).
NEW YORK - A federal judge in New York erred in determining that defendants in a securities class action lawsuit failed to timely file any opposition to a motion for class certification because the civil case management plan and scheduling order entered by the judge set an Oct. 11 deadline for the opposition to be filed, defendants argue in a letter filed Sept. 14 (Arthur Menaldi v. Och-Ziff Capital Management Group LLC, et al., No. 14-3251, S.D. N.Y.).
DETROIT - A federal judge in Michigan on Sept. 14 granted a shareholder's motion for appointment of lead plaintiff and lead counsel in a securities class action lawsuit, ruling that the shareholder has met all statutory requirements to serve in those roles (Livonia Employees' Retirement System v. Talmer Bancorp Inc., et al., No. 16-12229, E.D. Mich.; 2016 U.S. Dist. LEXIS 124417).
WILMINGTON, Del. - The Delaware Supreme Court on Sept. 12 determined that coverage for underlying asbestos bodily injury claims is owed if the bodily injury was sustained during the applicable policy periods of the excess insurance policies at issue (In re Viking Pump Inc. and Warren Pumps LLC Insurance Appeals, Nos. 518, 2014; 523, 2014; 525, 2014; 528, 2014, Del. Sup.; 2016 Del. LEXIS 474).
FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).