LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Uber Drivers Argue Injury, Standing Alleged In Data Breach Suit

SAN FRANCISCO - Two former drivers with Uber Technologies Inc. argue that their putative class claims over a 2014 breach of the rideshare firm's database are supported by claims of injuries they suffered due to their personal data being exposed, asking a California federal court in a Sept. 20 brief to deny Uber's dismissal motion (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

Mealey's IP/Tech - Patent Board's Inurement Determination Reversed, Remanded By Federal Circuit

WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of assertions by an appellant that it created a prototype embodying a claimed invention before the priority date of a cited prior art reference was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 20 (NFC Technology LLC v. Joseph Matal, U.S. Patent and Trademark Office, No. 16-1808, Fed. Cir., 2017 U.S. App. LEXIS 18164).

Mealey's Litigation Procedure - ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics

ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.

Mealey's IP/Tech - Patent Board Institutes Review Of System, Method For Controlling Trains

ALEXANDRIA, Va. - In a Sept. 14 ruling, the Patent Trial and Appeal Board found that Westinghouse Air Brake Technologies Corp. enjoys a reasonable likelihood of proving that various claims of a patented system and method of controlling a train are unpatentable (Westinghouse Air Brake Technologies Corp. v. Siemens Industries Inc., No. IPR2017-00981, PTAB).

Mealey's PI/Product Liability - Class Definition In Securities Suit Against Medical Tech Company Limited

SAN JOSE, Calif. - On the heels of his ruling from the bench to limit the class definition for a securities class action lawsuit against a medical technology developer and certain of its current and former executive officers, a federal magistrate judge on Sept. 6 issued a written ruling explaining his decision to limit the class definition to including only "indirect" investors in the company's stock (Robert Colman, et al. v. Theranos Inc., et al., No. 16-6822, N.D. Calif.).

Class Definition In Securities Suit Against Medical Tech Company Limited

SAN JOSE, Calif. - On the heels of his ruling from the bench to limit the class definition for a securities class action lawsuit against a medical technology developer and certain of its current and former executive officers, a federal magistrate judge on Sept. 6 issued a written ruling explaining his decision to limit the class definition to including only "indirect" investors in the company's stock (Robert Colman, et al. v. Theranos Inc., et al., No. 16-6822, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Most Claims Against Apple In IPhone App Privacy Suit Voluntarily Dismissed

SAN FRANCISCO - A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).

Mealey's Litigation Procedure - Most Claims Against Apple In IPhone App Privacy Suit Voluntarily Dismissed

SAN FRANCISCO - A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).

Mealey's Securities/D&O Liability - Class Definition In Securities Suit Against Medical Tech Company Limited

SAN JOSE, Calif. - On the heels of his ruling from the bench to limit the class definition for a securities class action lawsuit against a medical technology developer and certain of its current and former executive officers, a federal magistrate judge on Sept. 6 issued a written ruling explaining his decision to limit the class definition to including only "indirect" investors in the company's stock (Robert Colman, et al. v. Theranos Inc., et al., No. 16-6822, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit: Protocol Processing Patent Properly Held Obvious

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 6 upheld findings by the Patent Trial and Appeal Board that a patented apparatus and method for cryptographic processing with the serial advanced technology attachment (SATA) protocol is unpatentable under Section 103 of the Patent Act, 35 U.S.C. 103 (Enova Technology Corp. v. Seagate Technology LLC, et al., No. 16-1749, Fed. Cir., 2017 U.S. App. LEXIS 17173).

Mealey's IP/Tech - T-Mobile Gets Divided Ruling In Bid To Exclude Patentee's Expert Opinions

MARSHALL, Texas - An expert can opine that accused patent infringer T-Mobile "made" a product, rather than just "used" it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606).

Mealey's Litigation Procedure - T-Mobile Gets Divided Ruling In Bid To Exclude Patentee's Expert Opinions

MARSHALL, Texas - An expert can opine that accused patent infringer T-Mobile "made" a product, rather than just "used" it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606).

Mealey's IP/Tech - Federal Circuit Panel Upholds $91M Verdict In Trade Secrets Lawsuit

WASHINGTON, D.C. - A federal district court did not err in denying a company's motion for a new trial following a jury's award of a $70 million verdict on claims for misappropriation of trade secrets and a federal judge's order requiring the company to pay an additional $21 million because a damages award in the action was not "against the clear weight of the evidence," a Federal Circuit U.S. Court of Appeals panel ruled Sept. 1 in affirming the lower court's ruling (CardiAQ Valve Technologies, Inc. v. Neovasc Inc., Nos. 17-1302, 17-1513, Fed. Cir., 2017 U.S. App. LEXIS 16856).

Mealey's IP/Tech - Massachusetts Federal Judge Denies Micron Request For Dismissal Of Patent Claims

BOSTON - Allegations by the president and fellows of Harvard College that a defendant infringed two Harvard patents should proceed in Massachusetts, a federal judge ruled Aug. 30 in the latest case to address the implications of the May 2017 U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) (President and Fellows of Harvard College v. Micron Technology Inc., No. 16-11429, D. Mass., 2017 U.S. Dist. LEXIS 139485).

Mealey's IP/Tech - United Technologies Tells Patent Board It Will Appeal Ruling To Federal Circuit

ALEXANDRIA, Va. - A patent owner on Aug. 28 announced its intent to appeal a June 2017 adverse inter partes review (IPR) holding to the Federal Circuit U.S. Court of Appeals (General Electric Company v. United Technologies Corporation, No. IPR2016-00533, PTAB).

Mealey's IP/Tech - Nichia Patent Named In New Petition For Inter Partes Review

ALEXANDRIA, Va. - In an Aug. 25 request for inter partes review (IPR), two petitioners assert that a Nichia Corp. patent is "an attempt to monopolize the basic notion of mixing blue and yellow to create white, as applied to" light emitting devices (LEDs) (TCL Multimedia Technology Holdings Ltd. and TTE Technology Inc. v. Nichia Corp., No. 2017-01999, PTAB).

Mealey's Litigation Procedure - Uber Again Seeks Dismissal Of Drivers' Data Breach Class Action

SAN FRANCISCO - Uber Technologies Inc. says in an Aug. 24 motion that despite the recent filing of an amended complaint, two former Uber drivers bringing a putative class action over a 2014 data breach still fail "to identify a single instance of identity theft stemming from the" breach, asking a California federal judge to again dismiss the suit (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

Mealey's Litigation Procedure - Federal Judge Confirms $2.73 Million Award For Ultrasound Device Worker

SEATTLE - A Washington federal judge on Aug. 17 granted a motion filed by a maker of ultrasound devices and technology for confirmation of a final arbitral award, ordering a medical systems company to pay it $2,738,185 in fees and costs (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No. 14-1820, W.D. Wash., 2017 U.S. Dist. LEXIS 76694).

Mealey's IP/Tech - Federal Circuit Affirms: Remote Ordering System Patent Not Infringed

WASHINGTON, D.C. - Allegations that Expedia Inc. and other travel websites infringed a patented system for creating and updating order lists were properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (Cronos Technologies LLC v. Expedia Inc., et al., No. 16-2528, Fed. Cir., 2017 U.S. App. LEXIS 15490).

Mealey's Litigation Procedure - 2nd Circuit Orders Arbitration Of Uber Price-Fixing Claims Unless It Waived Its Right

NEW YORK - A mobile application by Uber Technologies Inc., a ridesharing service, provided "reasonably conspicuous notice" of its terms of service, which included an arbitration clause, as a matter of California law, a Second Circuit U.S. Court of Appeals panel ruled Aug. 17 in a price-fixing class complaint, ordering a trial court on remand to determine whether Uber and its co-founder waived their right to arbitration by litigating the case (Spencer Meyer, et al. v. Uber Technologies, Inc., et al., Nos. 16-2750, 16-2752, 2nd Cir., 2017 U.S. App. LEXIS 15497).

Mealey's IP/Tech - Samsung To Federal Circuit: Hot-Spot Patent Properly Deemed Obvious

WASHINGTON, D.C. - In an Aug. 11 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Samsung Electronics Co. Ltd. and related entities defended the propriety of a December 2016 ruling by the Patent Trial and Appeal Board, which deemed myriad claims of a wireless hot-spot technology patent obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (IXI IP LLC v. Samsung Electronics Co. Ltd., No. 17-1665, Fed. Cir.).

Mealey's Litigation Procedure - Uber Seeks To Settle Unwanted Text Messages Class Suit For $20 Million

CHICAGO - Plaintiffs representing three classes of individuals who received unsolicited text messages from Uber Technologies Inc. moved Aug. 11 for preliminary approval of a $20 million settlement (Maria Vergara, et al. v. Uber Technologies, Inc., No. 15-6942, N.D. Ill.).

Mealey's IP/Tech - Divided Federal Circuit Says Patent Recites A Technological Improvement

WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual Memory LLC v. NVIDIA Corporation, No. 16-2254, Fed. Cir.).

Mealey's IP/Tech - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

Mealey's Toxic Tort/Environmental - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).