LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge: Pension Fund Cured Scienter Pleading Deficiency Against Company, CEO

SAN FRANCISCO - In granting in part and denying in part a motion to dismiss, a federal judge in California on May 17 held that a pension fund has cured its pleading deficiencies and properly shown that a semiconductor producer and its CEO acted with the requisite scienter in misrepresenting the company's key business metrics as required under federal securities laws (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif., 2017 U.S. Dist. LEXIS 75262).

Mealey's Securities/D&O Liability - Judge: Pension Fund Cured Scienter Pleading Deficiency Against Company, CEO

SAN FRANCISCO - In granting in part and denying in part a motion to dismiss, a federal judge in California on May 17 held that a pension fund has cured its pleading deficiencies and properly shown that a semiconductor producer and its CEO acted with the requisite scienter in misrepresenting the company's key business metrics as required under federal securities laws (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif., 2017 U.S. Dist. LEXIS 75262).

Mealey's IP/Tech - Uber Enjoined From Using Stolen Waymo Files In Self-Driving Car Trade Secret Suit

SAN FRANCISCO - Finding "compelling evidence" that a former Waymo LLC employee misappropriated confidential files and provided them to Uber Technologies Inc., a California federal judge on May 15 granted in part Waymo's motion for a preliminary injunction, ordering Uber to cease using any of the stolen materials in the development of its self-driving car technology (Waymo LLC v. Uber Technologies Inc., et al., No. 3:17-cv-00939, N.D. Calif.).

Mealey's IP/Tech - Microsoft Petitions Board For Inter Partes Review Of Memo Patent

ALEXANDRIA, Va. - A patent that claims a method for displaying a reminder to users of a communication device for future communication with members of their contact list does not pass muster under the Patent Act, 35 U.S.C. 103, Microsoft Corp. argues in a May 10 petition for inter partes review with the Patent Trial and Appeal Board (Microsoft Corp. v. Mira Advanced Technology Systems Inc., No. IPR2017-01411, PTAB).

Mealey's IP/Tech - Court Lacks Jurisdiction Over Defendant In Trade Secrets Suit, Judge Rules

HOUSTON - A federal district court lacks personal jurisdiction over a defendant in a patent infringement and misappropriation of trade secrets lawsuit because the plaintiff failed to show that the defendant had any contacts with the forum state, a federal judge in Texas ruled May 8 in granting the defendant's motion to dismiss (Downhole Technology LLC v. Silver Creek Services Inc., et al., No. 17-0020, S.D. Texas, 2017 U.S. Dist. LEXIS 70056).

Mealey's Litigation Procedure - Panel Affirms Court's Dismissal Of Securities Suit For Failure To Plead Falsity

SAN FRANCISCO - The lead plaintiff in a securities class action lawsuit against a tech company and certain of its current and former executive officers failed to plead any of the required elements of falsity as required pursuant to the U.S. Supreme Court's ruling in Omnicare Inc., et al. v. The Laborers District Council Construction Industry Pension Fund and The Cement Masons Local 526 Combined Funds, a Ninth Circuit U.S. Court of Appeals panel ruled May 5 in affirming a lower court's dismissal ruling (City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc., et al., No. 14-16814, 9th Cir., 2017 U.S. App. LEXIS 8005).

Mealey's Securities/D&O Liability - Panel Affirms Court's Dismissal Of Securities Suit For Failure To Plead Falsity

SAN FRANCISCO - The lead plaintiff in a securities class action lawsuit against a tech company and certain of its current and former executive officers failed to plead any of the required elements of falsity as required pursuant to the U.S. Supreme Court's ruling in Omnicare Inc., et al. v. The Laborers District Council Construction Industry Pension Fund and The Cement Masons Local 526 Combined Funds, a Ninth Circuit U.S. Court of Appeals panel ruled May 5 in affirming a lower court's dismissal ruling (City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc., et al., No. 14-16814, 9th Cir., 2017 U.S. App. LEXIS 8005).

Mealey's IP/Tech - Patent Owner: Board Improperly Reallocated Burden In Review

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that a patented computer-assisted surgery planner for joint placement procedures is unpatentable was proper, an appellee told the Federal Circuit U.S. Court of Appeals in a May 3 brief (Blue Belt Technologies, et al. v. Mako Surgical Corp., No. 16-2740, Fed. Cir.).

Mealey's Bankruptcy - Garlock Lobbies For Approval Of Joint Plan Establishing Asbestos Trust

CHARLOTTE, N.C. - The plan of reorganization for Chapter 11 debtor Garlock Sealing Technologies LLC should be confirmed because it meets all federal bankruptcy law requirements and is the best option for asbestos personal injury claimants, 95 percent of whom voted to accept the plan, the debtor says in its April 21 pre-confirmation hearing brief (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No. 16-6652, N.D. Calif., 2017 U.S. Dist. LEXIS 58481).

Mealey's Litigation Procedure - Federal Judge Grants Request To Amend Ruling Confirming $52M ICC Award

WASHINGTON, D.C. - A District of Columbia federal judge on April 13 granted a technology development company's request to amend a judgment that confirmed a $52,087,465.69 arbitral award issued in its favor and against the Hellenic Republic, adding the tribunal's award of costs and converting the entire ruling into U.S. dollars (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).

Mealey's IP/Tech - Federal Circuit: Damages Should Be Limited For Failure To Mark

WASHINGTON, D.C. - Although largely affirming a Texas federal judge's claim construction and denial of a Samsung Electronics Co. Ltd. request for judgment as a matter of law (JMOL) that two patents are invalid as obvious, the Federal Circuit U.S. Court of Appeals on April 17 nonetheless vacated a ruling that a patent owner's damages should not be limited on the basis of its failure to mark products as patented (Rembrandt Wireless Technologies L.P. v. Samsung Electronics Co. Ltd., et al., No. 16-1729, Fed. Cir.; 2017 U.S. App. LEXIS 6502).

Mealey's IP/Tech - Uber Files Petition For Inter Partes Review Of Location-Sharing Patent

ALEXANDRIA, Va. - Six claims of a patented method for location sharing and mobile phone tracking are unpatentable as anticipated, Uber Technologies Inc. alleges in an April 7 petition for inter partes review (Uber Technologies Inc. v. X One Inc., No. IPR2017-01255, PTAB).

Mealey's PI/Product Liability - Hip Maker Asks 11th Circuit For En Banc Rehearing Of $2.1M Verdict

ATLANTA - Wright Medical Technology Inc. on April 10 petitioned the 11th Circuit U.S. Court of Appeals for an en banc rehearing of a panel's March 20 affirmation of a $2.1 million verdict in the first Conserve hip trial (Robyn Christiansen, et al. v. Wright Medical Technology, Inc., No. 16-12162, 11th Cir.).

Mealey's IP/Tech - Federal Circuit Hears Oral Arguments In Patent Ineligibility Case

WASHINGTON, D.C. - A determination that various claims of a patented method for providing and editing medical records are directed to patent-eligible subject matter was debated April 7 in oral arguments before the Federal Circuit U.S. Court of Appeals (Preservation Wellness Technologies LLC v. Allscripts Healthcare Solutions Inc., No. 16-2193, Fed. Cir.).

Mealey's PI/Product Liability - 2014 Release Of Wright Hip Claim Bars Claim For 2016 Replacement Of Other Hip

ATLANTA - The Georgia federal judge overseeing the Wright hip multidistrict litigation on March 29 ruled that when a plaintiff signed a settlement release for claims involving one of his hips, it applied to the other hip, which developed problems two years later (In Re: Wright Medical Technology Inc. Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, Elie M. Mims, et al. v. Wright Medical Technology Inc., et al., No. 16-3044, N.D. Ga., Atlanta Div., 2017 U.S. Dist. LEXIS 47146).

Mealey's IP/Tech - Patent Board Deems All 4 Challenged Claims Obvious In Final Decision

WASHINGTON, D.C. - A challenger of a dentistry patent prevailed before the Patent Trial and Appeal Board March 26 when in a final written decision the board deemed four claims obvious in light of three pieces of prior art (ClearCorrect Operating LLC v. Align Technology Inc., No. IPR2016-00270, PTAB).

Mealey's IP/Tech - Twitter Seeks Inter Partes Review Of Web Content Patent

ALEXANDRIA, Va. - Asserting eight separate grounds of unpatentability, Twitter Inc. on March 24 took aim at a patent directed at creating and sharing web content in a new petition for inter partes review (IPR) with the Patent Trial and Appeal Board (Twitter Inc. v. Yootoo Technologies LLC, No. IPR2017-01131, PTAB).

Mealey's Litigation Procedure - U.S. Supreme Court To Hear Appeal In Securities Class Action Lawsuit

WASHINGTON, D.C. - The U.S. Supreme Court on March 27 agreed to hear a defense technology company's appeal of a Second Circuit U.S. Court of Appeals' ruling to determine if there is a split among the circuits regarding whether a duty to disclose is created by Item 303 of Securities and Exchange Commission Regulation S-K that is actionable under Section 10(b) of the Securities Exchange Act of 1934 (Leidos Inc., v. Indiana Public Retirement System, et al., No. 16-581, U.S. Sup.).

Mealey's Securities/D&O Liability - U.S. Supreme Court To Hear Appeal In Securities Class Action Lawsuit

WASHINGTON, D.C. - The U.S. Supreme Court on March 27 agreed to hear a defense technology company's appeal of a Second Circuit U.S. Court of Appeals' ruling to determine if there is a split among the circuits regarding whether a duty to disclose is created by Item 303 of Securities and Exchange Commission Regulation S-K that is actionable under Section 10(b) of the Securities Exchange Act of 1934 (Leidos Inc. v. Indiana Public Retirement System, et al., No. 16-581, U.S. Sup.).

Mealey's PI/Product Liability - Judge: Plaintiffs' Negligence, Products Liability Claims Fail Without Expert Testimony

MILWAUKEE - Excluding expert testimony on the cause and origin of a fire, a Wisconsin federal judge ruled March 21 that plaintiffs cannot prevail on their claims of strict products liability or negligence because "without competent expert testimony, the jury would be forced to speculate about the cause of the fire" (S.V. Gopalratnam and Hemalatha Gopalratnam, et al. v. Hewlett Packard Co. and ABC Insurance Co. v. Samsung SDI Co. Ltd. and Dynapack Technology Corp., No. 13-618, E.D. Wis., 2017 U.S. Dist. LEXIS 40386).

Mealey's Litigation Procedure - Judge: Plaintiffs' Negligence, Products Liability Claims Fail Without Expert Testimony

MILWAUKEE - Excluding expert testimony on the cause and origin of a fire, a Wisconsin federal judge ruled March 21 that plaintiffs cannot prevail on their claims of strict products liability or negligence because "without competent expert testimony, the jury would be forced to speculate about the cause of the fire" (S.V. Gopalratnam and Hemalatha Gopalratnam, et al. v. Hewlett Packard Co. and ABC Insurance Co. v. Samsung SDI Co. Ltd. and Dynapack Technology Corp., No. 13-618, E.D. Wis., 2017 U.S. Dist. LEXIS 40386).

Mealey's IP/Tech - 5th Circuit Affirms: No Live Controversy In Patent, Trade Secret Row

NEW ORLEANS - A dismissal with prejudice of a complaint seeking a declaration of patent noninfringement and that no trade secrets were misappropriated was correct, the Fifth Circuit U.S. Court of Appeals ruled March 20 in a dispute over gas-to-liquid (GTL) conversion technology (Sasol North America Inc., et al. v. GTLPetrol LLC, No. 16-20122, 5th Cir., 2017 U.S. App. LEXIS 5107).

Mealey's Bankruptcy - Garlock Debtors, Insurer Agree To Denial Of Arbitration Request

CHARLOTTE, N.C. - An insurer cannot pursue arbitration against Chapter 11 debtor Garlock Sealing Technologies LLC and affiliates for a coverage dispute with a third-party manufacturer but can file a late proof of claim against the debtors without prejudice to its arbitration rights, according to a consent order filed March 16 in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's PI/Product Liability - New York Informed Intermediary Doctrine Results In Dismissal Of Orthopedic Cable Case

NEW YORK - A New York federal judge on March 16 granted summary judgment to Zimmer Inc. and Pioneer Surgical Technology Inc. after finding that a doctor was an informed intermediary and knew that a cable used in a femur fracture repair could break (Mary Tomaselli, et al. v. Zimmer, Inc., et al., No. 14-4474, S.D. N.Y., 2017 U.S. Dist. LEXIS 37203).