LexisNexis® Legal Newsroom
Mealey's IP/Tech - Experts' Opinions In Online Payment System Row Survive 'Legitimate' Objections

ST. LOUIS - A Missouri federal judge on July 16 mostly denied requests to exclude testimony from two experts in a breach of contract dispute over online payment systems, finding that a jury should decide if a defendant trucking company's "many legitimate" objections to the testimony are valid (Level One Technologies, Inc. v. Penske Truck Leasing Co., L.P., et al., No. 4:14-cv-1305, E.D. Mo., 2018 U.S. Dist. LEXIS 117865).

Mealey's PI/Product Liability - Resort Denies Liability For Las Vegas Shooting In Suits Against Victims

LAS VEGAS - Owners and operators of the Mandalay Bay resort in Las Vegas sued more than 1,000 individuals who filed suits against them in state courts following a mass shooting at the resort that killed 58 people in 2017. The plaintiffs filed two declaratory judgment actions in Nevada and California federal courts on July 13, seeking rulings that they can't be held liable under a 2002 law supporting new technologies and services to prevent and respond to mass violence (MGM Resorts International, et al. v. Carlos Acosta, et al., No. 18-01288, D. Nev., and MGM Resorts International, et al. v. David Aase, et al., No. 18-06113, C.D. Calif.).

Mealey's Litigation Procedure - Experts' Opinions In Online Payment System Row Survive 'Legitimate' Objections

ST. LOUIS - A Missouri federal judge on July 16 mostly denied requests to exclude testimony from two experts in a breach of contract dispute over online payment systems, finding that a jury should decide if a defendant trucking company's "many legitimate" objections to the testimony are valid (Level One Technologies, Inc. v. Penske Truck Leasing Co., L.P., et al., No. 4:14-cv-1305, E.D. Mo., 2018 U.S. Dist. LEXIS 117865).

Mealey's Trade Secret - Panel Affirms Denial Of Post-Trial Motions In Trade Secrets Suit

WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 12 ruled that a company's competitor in the infrared technology industry provided sufficient evidence supporting its argument that it independently developed its technology related to the production of infrared cameras, and, as a result, a federal district court did not err in denying the company's post-trial motions for judgment as a matter of law and for new trial regarding two alleged trade secrets it claimed the competitor misappropriated (Raytheon Co. v. Indigo Systems Corp., et al., Nos. 16-1945 and 16-2050, Fed. Cir.).

Mealey's Trade Secret - Preliminary Injunction Granted In Tech Company's Trade Secrets Dispute

BOSTON - A federal judge in Massachusetts on July 10 granted a technology company's preliminary injunction motion in a trade secret misappropriation lawsuit, enjoining the company's former employees and its competitor from disclosing or using the company's confidential and proprietary information that the former employees acquired through improper means (Ooyala Inc., et al. v. Raul Francisco Garcia Dominguez, et al., No. 17-10943, D. Mass., 2018 U.S. Dist. LEXIS 113962).

Mealey's Trade Secret - Company Precluded From Bringing Trade Secrets Suit In Texas Court

HOUSTON - A federal judge in Texas on June 6 ruled that although a technology company has shown that personal jurisdiction exists over the CEO of one of its business partners in a trade secret misappropriation and computer fraud lawsuit, under the terms of a business agreement, the court lacks subject matter jurisdiction because it is not the proper venue pursuant to the business agreement's arbitration and venue provisions (Fintech Fund FLP v. Ralph Horne, No. 18-1125, S.D. Texas, 2018 U.S. Dist. LEXIS 112458).

Mealey's IP/Tech - Opening Brief, AmicusBriefs Filed In Dispute Over FRAND Royalties

WASHINGTON, D.C. - In a corrected opening brief filed July 5 before the Federal Circuit U.S. Court of Appeals, Telefonaktiebolaget LM Ericsson and Ericsson Inc. (Ericsson, collectively) argue that they were unfairly denied a jury trial in a declaratory judgment lawsuit that was filed in anticipation of a separate patent infringement action (Ericsson Inc., et al. v. TCL Communication Technology Holdings Ltd., et al., Nos. 18-1363, -1380, -1382, -1732, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Affirms: Medical Device Patent Not Infringed

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 6 found that although a Minnesota federal judge correctly construed the term "body" in a surgical device patent and did not err in granting a summary judgment of noninfringement, the construction also moots the issue of invalidity (Spineology Inc. v. Wright Medical Technology Inc., No. 17-2388, Fed. Cir., 2018 U.S. App. LEXIS 18485).

Mealey's IP/Tech - Connecticut Federal Judge Grants Fees, Costs In Patent, Lanham Act Case

HARTFORD, Conn. - A Connecticut federal judge ruled July 5 that a patent infringement case qualifies as "exceptional," citing two defaulting defendants' "deliberate obfuscation" of their identities in an effort to avoid detection (KX Technologies LLC v. Zuma Water Filters Inc., et al., No. 16-1433, D. Conn., 2018 U.S. Dist. LEXIS 111536).

Mealey's Toxic Tort/Environmental - Judge: Allegations Of Geological Survey Asbestos Didn't Put Defendants On Notice

PITTSBURGH - A generic allegation of asbestos exposure while working at a U.S. Geological Survey facility in Colorado did not put defendants on notice that the facility was in a federal enclave, a Pennsylvania federal judge held June 29 (Harald H. Mehnert and Brigette E. Mehnert v. Agilent Technologies Inc., et al., No. 18-593, W.D. Pa.).

Mealey's Trade Secret - $250M Judgment Issued In Trade Secrets, Copyright Infringement Trademark Suit

DALLAS - A federal judge in Texas on June 27 entered final judgment in a breach of contract, copyright and trademark infringement and misappropriation of trade secrets lawsuit, ordering that a defendant in the action pay $250 million plus pre- and post-judgment interest after a jury found that several defendants violated the terms of a nondisclosure agreement (NDA) and engaged in false designation in connection with their use of the companies' proprietary information to develop certain virtual reality (VR) technology (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div., 2018 U.S. Dist. LEXIS 107420).

Mealey's IP/Tech - $250M Judgment Issued In Trade Secrets, Copyright Infringement Trademark Suit

DALLAS - A federal judge in Texas on June 27 entered final judgment in a breach of contract, copyright and trademark infringement and misappropriation of trade secrets lawsuit, ordering that a defendant in the action pay $250 million plus pre- and post-judgment interest after a jury found that several defendants violated the terms of a nondisclosure agreement (NDA) and engaged in false designation in connection with their use of the companies' proprietary information to develop certain virtual reality (VR) technology (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div., 2018 U.S. Dist. LEXIS 107420).

Mealey's IP/Tech - Intel Tells Patent Board: Power Reduction Method Claims Should Be Canceled

ALEXANDRIA, Va. - A June 26 petition for inter partes review by Intel Corp. asserts that five claims of a patented method for reducing power consumption would have been obvious to a person of skill in the art (Intel Corp. v. VLSI Technology LLC, No. IPR2018-01312, PTAB).

Mealey's Trade Secret - 7th Circuit Panel Affirms Contempt, Sanctions Rulings In Trade Secrets Suit

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 25 ruled that a federal district court judge did not err in finding a company's former employee in contempt and issuing sanctions against him in a trade secret misappropriation lawsuit because the former employee failed to comply with any of the district court's orders to return the company's trade secrets (Teledyne Technologies Inc. v. Raj Shekar, No. 17-2171, 7th Cir., 2018 U.S. App. LEXIS 17153).

Mealey's Fracking - Judge: Fracking Technology Trade Secret Dispute Belongs In Arbitration

PHILADELPHIA - A federal judge in Pennsylvania on June 22 ruled that a trade secret dispute pertaining to technology used in hydraulic fracturing operations belongs in arbitration due to the wording of a master service agreement signed by the parties (H2O Resources LLC v. Oilfield Tracking Services LLC, No. 187-1164, E.D. Pa.; 2018 U.S. Dist. LEXIS 104991).

Mealey's Fracking - Study: Methane From Oil, Gas Activities Causes 'Radiative Forcing' In Atmosphere

WASHINGTON, D.C. - The journal Science on June 25 published an article authored by researchers from 13 universities, joined by others from the National Institute of Standards and Technology (NIST), the National Oceanographic and Atmospheric Administration (NOAA) and environmental groups, which concludes that methane emissions across the supply chain of the oil and gas industry in the United States "results in roughly the same radiative forcing" as carbon dioxide in the atmosphere over a 20-year time period.

Mealey's Toxic Tort/Environmental - Study: Methane From Oil, Gas Activities Causes 'Radiative Forcing' In Atmosphere

WASHINGTON, D.C. - The journal Science on June 25 published an article authored by researchers from 13 universities, joined by others from the National Institute of Standards and Technology (NIST), the National Oceanographic and Atmospheric Administration (NOAA) and environmental groups, which concludes that methane emissions across the supply chain of the oil and gas industry in the United States "results in roughly the same radiative forcing" as carbon dioxide in the atmosphere over a 20-year time period.

Mealey's IP/Tech - Federal Circuit Upholds Fee Award, Summary Judgment In Patent Case

WASHINGTON, D.C. - A Texas federal judge did not err in granting Huawei Technologies Co. Ltd. summary judgment, nor in awarding Huawei attorney fees incurred in defending allegations that it infringed three semiconductor patents, the Federal Circuit U.S. Court of Appeals concluded June 8 (Xiaohua Huang v. Huawei Technologies Co. Ltd., Nos. 2017-1505, -1767, -1893, -2092, -2229, Fed. Cir.).

Mealey's IP/Tech - Patent Board Turns Away Petition Seeking Review Of Intraoral Scanner

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on May 30 rejected a petition for inter partes review (IPR) that alleged that a patented intraoral scanner device runs afoul of Section 103(a) of the Patent Act, 35 U.S.C. 103(a) (Align Technology Inc. v. 3Shape A/S, No. IPR2018-00198, PTAB).

Mealey's IP/Tech - Federal Circuit Clarifies Construction, But Upholds Noninfringement Judgment

WASHINGTON, D.C. - A Delaware federal judge's grant of summary judgment on behalf of Microsoft Corp. will stand, but the Federal Circuit U.S. Court of Appeals on May 23 ruled that the judge erroneously construed disputed patent claim terms "file" and "dynamic license database" (ViaTech Technologies Inc. v. Microsoft Corp., No. 17-2276, Fed. Cir., 2018 U.S. App. LEXIS 13913).

Mealey's IP/Tech - Surgical Stapler Patent Singled Out In New Inter Partes Review Petition

ALEXANDRIA, Va. - Intuitive Surgical Inc. took aim May 23 at an Ethicon Endo-Surgery LLC patent covering a surgical stapler, asserting in a petition for inter partes review that the technology would have been obvious to, or anticipated by, a person of skill in the art (Intuitive Surgical Inc. v. Ethicon Endo-Surgery LLC, No. IPR2018-00223, PTAB).

Mealey's Litigation Procedure - Golden State Warriors Fan Voluntarily Dismisses App Eavesdropping Class Action

OAKLAND, Calif. - After engaging in arbitration, a New York woman filed a stipulation in California federal court May 17, voluntarily dismissing a putative class action under the Electronic Communications Privacy App (ECPA) against National Basketball Association team the Golden State Warriors and a technology firm, disposing of her allegations of eavesdropping via the team's smartphone app (LaTisha Satchell v. Signal360 Inc., et al., No.3:16-cv-04961, N.D. Calif.).

Mealey's IP/Tech - Patent Owner Opposes Joinder Request In Inter Partes Review

ALEXANDRIA, Va. - In a May 15 brief, a patent owner urges the Patent Trial and Appeal Board to reject an inter partes review (IPR) petitioner's invocation of "issue joinder" as grounds for seeking IPR outside the statutorily mandated one-year window (Proppant Express Investments LLC v. Oren Technologies LLC, No. IPR2018-00914, PTAB).

Mealey's Antitrust/Unfair Competition - Drivers' Class Claims Over Uber Data Breach Dismissed For 3rd, Final Time

SAN FRANCISCO - Uber Technologies Inc. saw negligence and unfair competition claims against it dismissed for a third time May 10, as a California federal magistrate judge found that two former Uber drivers had still failed to establish standing via an injury related to the theft of their personally identifiable information (PII) in a 2014 data breach, despite amending their complaint three times (Sasha Antman, et al. v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif., 2018 U.S. Dist. LEXIS 79371).

Mealey's Litigation Procedure - Drivers' Class Claims Over Uber Data Breach Dismissed For 3rd, Final Time

SAN FRANCISCO - Uber Technologies Inc. saw negligence and unfair competition claims against it dismissed for a third time May 10, as a California federal magistrate judge found that two former Uber drivers had still failed to establish standing via an injury related to the theft of their personally identifiable information (PII) in a 2014 data breach, despite amending their complaint three times (Sasha Antman, et al. v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif., 2018 U.S. Dist. LEXIS 79371).