ALEXANDRIA, Va. - Claim 1 of a patent that discloses the use of a Web server to implement user-selected call features, such as call blocking or call forwarding, is unpatentable as obvious under 35 U.S. Code Section 103, four petitioners allege June 24 in seeking inter partes review before the Patent Trial and Appeal Board (Bright House Networks LLC, et al. v. Focal IP LLC, No. PR2016-01263, PTAB).
ALEXANDRIA, Va. - In two separate rulings issued June 27, the Patent Trial and Appeal Board revealed that it will review the patentability of two data compression patents (Oracle America Inc. v. RealTime Data LLC, Nos. IPR2016-00374 and IPR2016-00373, PTAB).
ALEXANDRIA, Va. - Although amending its February 2016 decision, the Patent Trial and Appeal Board on June 24 nonetheless again affirmed an examiner's final rejection of a single claim of a remote communications patent (Ex parte Stephen Corey Wren, No. 2013-004649, PTAB).
ALEXANDRIA, Va. - Contrary to the findings of a patent examiner, an originally filed patent specification "provides adequate written description support for the invention recited," according to a June 28 ruling by the Patent Trial and Appeal Board (Ex parte Louis Burger, No. 2014-000083, PTAB).
NEW YORK - General Motors LLC (New GM) says in a June 24 reply brief in New York bankruptcy court that plaintiffs who sued it claiming injuries from parts of cars made by New GM other than the ignition switch are violating a 2015 court order that states that plaintiffs whose claims "rise in connection" with vehicles without the ignition switch defect cannot assert independent claims against GM (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
GULFPORT, Miss. - A federal judge on June 23 amended his May 5 ruling dismissing with prejudice plaintiffs' claims accusing a window manufacturer and window seller of violating the Mississippi Consumer Protection Act (MCPA), finding that the claim should be dismissed without prejudice because he did not address the merits of the plaintiffs' allegations (Joan Cravens Inc., et al. v. Deas Construction Inc., et al., No. 15-cv-385-KS-MTP, S.D. Miss.; 2016 U.S. Dist. LEXIS 81832).
SEATTLE - A Washington federal judge on June 24 denied with prejudice a motion for class certification filed in a lawsuit accusing two billing aggregators of engaging in a scheme that caused Washington residents to unknowingly subscribe to premium text-messaging services, finding that the class is not ascertainable, individual issues predominate and a class action is not the superior method of resolution (Richard A. Geier, et al. v. m-Qube Inc., et al., No. 13-36080, W.D. Wash..; 2016 U.S. Dist. LEXIS 82656).
SACRAMENTO, Calif. - After finding that various arguments under California's unfair competition law (UCL) made by an insurer failed, a California federal judge on June 27 granted a motion filed by the owners of self-storage units to file a cross-complaint against it for indemnity (John Deleon, individually and on behalf of all others similarly situated and on behalf of the general public, Elite Self Storage Management LLC, No. 2:15-cv-02087, E.D. Calif.; 2016 U.S. Dist. LEXIS 83308).
SAN FRANCISCO - Chevron Corp., which is being sued by plaintiffs who allege that the company is liable for damages related to the explosion of one its natural gas rigs in Nigeria, on June 24 filed a brief in a California federal court asking it to compel the plaintiffs to produce litigation funding documents to demonstrate the adequacy of the class representative and his counsel (Foster Ogola, et al. v. Chevron Corporation, No. 14-173, N.D. Calif.).
CHICAGO - In a late notice asbestos-related reinsurance case, a reinsurer asked a federal court in Illinois on June 27 to strike a reinsured's affirmative defenses because they are allegedly unsupported by sufficient facts (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).
NEW YORK - The liquidator of an insolvent New Hampshire insurer told a federal court in New York on June 23 that a reinsurer owes the liquidation estate nearly $225,000 in unpaid reinsurance billings (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., No. 16-cv-04874, S.D. N.Y.).
LOS ANGELES - Four plaintiffs on June 23 filed a proposed class lawsuit in California federal court against FCA US LLC (Chrysler), claiming that the gear shifters in three vehicles it manufactures are faulty and that the shifter defect could be linked to the death of actor Anton Yelchin, who was killed when his 2015 Jeep Grand Cherokee rolled down his driveway and crushed him (Deryl Wall, et al. v. FCA US LLC, No. 5:16-cv-01341, C.D. Calif.).
CHICAGO - The Sixth Division of the First District Illinois Appellate Court on June 24 determined that an excess insurer is not entitled to collect a $1 million self-insured retention (SIR) from its insureds for claims paid in an underlying environmental contamination suit because the primary policy must be exhausted before the insured is required to reimburse the excess insurer for the SIR (Greenwich Insurance Co., et al. v. John Sexton Sand and Gravel Corp. et al., No. 1-15-1606, Ill. App., 1st Dist., 6th Div.).
AUSTIN, Texas - The Texas Supreme Court on June 24 agreed to decide whether personal jurisdiction arises from out-of-state plaintiff Pepsi-Cola Metropolitan Bottling Co. Inc.'s allegation that out-of-state defendants attended two in-state meetings involving the resolution of Pneumo Abex LLC asbestos claims (M&F Worldwide Corp., et al. v. Pepsi-Cola Metropolitan Bottling Company Inc., No. 15-0083, Texas Sup.).
SAN JOSE, Calif. - A California appeals panel on June 27 affirmed that an insurer did not waive an insurance policy's appraisal condition and that the appraisal condition can be applied to preclude underlying claims arising from windstorm damage to a mobile home (Gordon Blackwell v. Foremost Insurance Co., No. H042263, Calif. App., 6th Dist.; 2016 Cal. App. Unpub. LEXIS 4749).
NEW ORLEANS - In a personal injury lawsuit, a Louisiana federal judge on June 23 barred expert testimony on the velocities of vehicles involved in the crash and the load or force experienced by one of the drivers, as well as medical causation opinions (Robert Parker, et al. v. NGM Insurance Co., et al., No. 15-2123, E.D. La.; 2016 U.S. Dist. LEXIS 81836).
NEW YORK - A federal judge in New York on June 24 denied a motion to alter or amend judgment and for leave to file a second amended complaint in a securities class action lawsuit, ruling that any amendment would be futile because the shareholders' additional evidence does not cure any of the pleading deficiencies that led to dismissal of the previous amended complaint (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82453).
NEW YORK - A federal judge in New York on June 24 denied a motion for a stay in a securities class action lawsuit and several related actions, ruling that the defendants' motion fails to meet the guidelines established in the U.S. Supreme Court's ruling in Nken v. Holder (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82426).
ATLANTA - After a jury returned a verdict finding that Wright Medical Technology Inc.'s Conserve metal-on-metal hip was not defective, the trial judge should have accepted the verdict or ordered a new trial, the defendant says in a June 27 appeal brief filed with the 11th Circuit U.S. Court of Appeals (In Re: Wright Medical Technology, Inc., et al., Robyn Christiansen, et al. v. Wright Medical Technology Inc., No. 16-12162, 11th Cir.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 24 remanded for trial a case in which an auto mechanics' pension board claims that Full Circle Group Inc. (FCG) has withdrawal liability for fund contributions as a successor to an insolvent company (Board of Trustees of the Automobile Mechanics' Local No. 701 Union and Industry Pension Fund v. Full Circle Group Inc., et al., No. 15-2497, 7th Cir.; 2016 U.S. App. LEXIS 11600).
WASHINGTON, D.C. - A Texas federal judge erred in dismissing, pursuant to Federal Rules of Civil Procedure Rule 12(b)(6), a patent infringement case based upon her determination that the patent in suit is invalid under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals concluded June 27 (BASCOM Global Internet Services Inc. v. AT&T Inc., et al., No. 15-1763, Fed. Cir.; 2016 U.S. App. LEXIS 11687).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 27 affirmed a district court's judgment in favor of a residential mortgage lender, finding that it was not liable to pay another lender that acted as a sponsor for a mortgage-related computer program fees that it incurred (Nationwide Advantage Mortgage Co. v. GSF Mortgage Corp., No. 15-3361, 7th Cir.; 2016 U.S. App. LEXIS 11699).
WASHINGTON, D.C. - In a rare move, plaintiffs and defendants on June 24 jointly moved for centralization of 26 Abilify compulsive gambling federal lawsuits into a multidistrict litigation (In Re: Abilify Compulsive Behavior Products Liability Litigation, MDL Docket No. n/a, JPMDL).
CHARLESTON, S.C. - Pfizer Inc. on June 24 filed an omnibus motion for summary judgment in all Lipitor diabetes cases in a multidistrict litigation in a South Carolina federal court (In Re: Lipitor [Atorvastatin Calcium] Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 2505, No. 14-mn-2502, D. S.C., Charleston Div.).
LOS ANGELES - A California appeals panel on June 27 found that triable issues of fact require reversal of a lower court's dismissal of a breach of contract claim against an insurer, further holding that the insureds' bad faith and elder abuse claims cannot survive under the genuine dispute doctrine (Clayton D. Paslay, et al. v. State Farm General Insurance Co., No. B265348, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. LEXIS 511).