LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - IT Specialist Can Opine On Falsity Of Investor Statements, Judge Says

SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission v. William E. Mapp, III, No. 4:16-cv-00246, E.D. Texas, 2017 U.S. Dist. LEXIS 188083).

Mealey's IP/Tech - IT Specialist Can Opine On Falsity Of Investor Statements, Judge Says

SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission v. William E. Mapp, III, No. 4:16-cv-00246, E.D. Texas, 2017 U.S. Dist. LEXIS 188083).

Mealey's Labor & Employment - Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).

Mealey's Litigation Procedure - Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).

Mealey's Litigation Procedure - IT Specialist Can Opine On Falsity Of Investor Statements, Judge Says

SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission v. William E. Mapp, III, No. 4:16-cv-00246, E.D. Texas, 2017 U.S. Dist. LEXIS 188083).

Mealey's IP/Tech - TC Heartland Represents Change Of Law, Federal Circuit Concludes

WASHINGTON, D.C. - In granting a petition for mandamus by Micron Technology Inc. on Nov. 14, the Federal Circuit U.S. Court of Appeals resolved lingering uncertainty following the May 2017 U.S. Supreme Court ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, deeming the case an intervening change of law (In re: Micron Technology Inc., No. 17-138, Fed. Cir.).

Mealey's IP/Tech - 5th Circuit Affirms: State Law Claim Preempted By Copyright, Patent Statutes

NEW ORLEANS - An allegation of unfair competition by misappropriation under Texas law was properly rejected by a Texas federal judge on the basis of federal preemption under the Copyright Act, 17 U.S.C. 101 et seq., and Patent Act, 35 U.S.C. 1 et seq., the Fifth Circuit U.S. Court of Appeals ruled Nov. 14 (Motion Medical Technologies LLC, et al. v. ThermoTek Inc., No. 16-11381, 5th Cir., 2017 U.S. App. LEXIS 22826).

Mealey's IP/Tech - Caltech Urges Patent Board To Reconsider Grant Of Apple Motion

ALEXANDRIA, Va. - An October decision by the Patent Trial and Appeal Board to grant Apple Inc.'s motion to file supplemental information in its challenge to a California Institute of Technology (Caltech) patent is "deeply prejudicial in both its timing and its scope," the university told the board on Nov. 13 (Apple Inc. v. California Institute of Technology, No. IPR2017-00728, PTAB).

Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Affirms Noninfringement Judgment

WASHINGTON, D.C. - In a reversal of its previous findings, the Federal Circuit U.S. Court of Appeals on Nov. 13 upheld a Wisconsin federal judge's decision to deny a new trial on damages and infringement of various genetic testing kit patents (Promega Corporation v. Life Technologies Corp., No. 13-1011, Fed. Cir., 2017 U.S. App. LEXIS 22635).

Mealey's IP/Tech - Patent Board Finding Of Obviousness Partly Reversed By Federal Circuit

WASHINGTON, D.C. - Several claims of a USB rotary cover patent were erroneously deemed unpatentable as obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled Nov. 6 in a partial reversal (Pavo Solutions LLC v. Kingston Technology Co. Inc., No. 16-2209, Fed. Cir.).

Mealey's IP/Tech - Supreme Court Denies Certiorari In Apple, Samsung Patent Dispute

WASHINGTON, D.C. - In its Nov. 6 order list, the U.S. Supreme Court heeded the advice of the U.S. government and denied certiorari in the longstanding dispute between Samsung Electronics Co. Ltd. and Apple Inc. over smartphone technology patents (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).

Mealey's Securities/D&O Liability - Investor's Derivative Suit Allowed To Proceed After Demand Futility Showing

SAN FRANCISCO - An investor has properly pleaded demand futility in making his claims in a shareholder derivative lawsuit against the board of directors for a security technology company by showing that two of the board members acted in bad faith in deciding to terminate a special committee's investigation into the improper spending of the company's former CEO before it was completed, a federal judge in California ruled Oct. 27 in denying the defendants' motion to dismiss (Ryan Oswald v. Identiv Inc., et al., No. 16-0241, N.D. Calif., 2017 U.S. Dist. LEXIS 178676).

Mealey's IP/Tech - Parties Brief Federal Circuit In Dispute Over Gene Modification Patent

WASHINGTON, D.C. - In an Oct. 25 appellee brief filed with the Federal Circuit U.S. Court of Appeals, a genomic research center argued that an appeal of a Patent Trial and Appeal Board (PTAB) interference proceeding stemming from technology related to genetic modification should be dismissed for lack of appellate jurisdiction (Regents of the University of California, et al., v. The Broad Institute Inc., et al., No. 17-1907, Fed. Cir.).

Mealey's Litigation Procedure - 11th Circuit: Motion To Intervene Should Be Granted In TCPA Suit

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Oct. 26 reversed a trial court's refusal to allow plaintiffs in one unsolicited fax class suit to intervene in a second nearly identical suit filed several years later and settled for tens of million less than the intervenors were looking to recover (Technology Training Associates, Inc., et al. v. Buccaneers Limited Partnership, No. 17-11710, 11th Cir., 2017 U.S. App. LEXIS 21205).

Mealey's Litigation Procedure - Settlement Of Employees' Suit Over Seagate Phishing Event Preliminarily Approved

SAN FRANCISCO - In an Oct. 19 ruling, a California federal judge granted a motion by a group of Seagate Technology LLC employees to preliminarily approve an agreement settling contract and negligence claims against the company stemming from a 2016 phishing incident that exposed the personally identifiable information (PII) of thousands of employees (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).

Mealey's IP/Tech - Petition By FanDuel, Draft Kings Instituted By Patent Board

ALEXANDRIA, Va. - A patent that discloses an interactive video system that adjusts game play based upon the skill level of a player will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Oct. 18 (FanDuel Inc., et al. v. CG Technology Development LLC, No. IPR2017-00902, PTAB).

Mealey's IP/Tech - After Receiving Patents, Tribe Files Infringement Action Against Amazon

ALEXANDRIA, Va. - A Native American tribe filed a 12-count patent infringement lawsuit Oct. 18 against Amazon.com Inc. in Virginia federal court relating to six patents that had been transferred to the tribe by a computer technology company two months earlier (SRC Labs, LLC, et al. v. Amazon Web Services, Inc., et al., No. 2:17-cv-00547, E.D. Va.).

Mealey's Litigation Procedure - Waymo's Request To Reopen Discovery In Trade Secrets Suit Denied

SAN FRANCISCO - It is too late in the litigation in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others to require Uber to turn over all of its source code for its self-driving vehicle technology, and a plaintiff's motion to compel Uber to turn over the source code is overly broad, a federal judge in California ruled Oct. 16 in denying the motion (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 170903).

Mealey's Litigation Procedure - Uber Seeks To Prevent Waymo From Reopening Discovery In Trade Secrets Suit

SAN FRANCISCO - The plaintiff in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others has failed to show that discovery should be reopened for the plaintiff to determine whether Uber used the plaintiff's source code to develop its autonomous vehicle source code, Uber argues in an Oct. 12 opposition brief filed in California federal court (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

Mealey's IP/Tech - Trial Date In Uber Trade Secrets Suit Moved To Early December

SAN FRANCISCO - In an Oct. 4 order, the federal judge overseeing the trade secrets and patent infringement lawsuit against Uber Technologies Inc. granted plaintiff Waymo LLC's motion for a continuance and delayed the start of trial until early December (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

Mealey's Labor & Employment - Federal Judge Partially Rejects Magistrate's Report In MIT ERISA Plan Case

BOSTON - After considering objections from both sides, a Massachusetts federal judge on Sept. 29 partially accepted and adopted and partially rejected a magistrate judge's report and recommendation in a lawsuit brought against a university and its defined-contribution plan alleging breach of fiduciary duty and prohibited transactions under the Employee Retirement Income Security Act (David B. Tracey, et al. v. Massachusetts Institute of Technology, et al., No. 1:16cv11620, D. Mass., 2017 U.S. Dist. LEXIS 161263).

Mealey's Litigation Procedure - Protective Order Motions Over Due Diligence Report In Trade Secrets Suit Denied

SAN FRANCISCO - The issuance of protective orders over a due diligence report submitted by a nonparty specialized risk management firm in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. is not warranted because none of the parties seeking the protective orders has provided a sufficient reason to "override the public interest factor" of providing transparency in the report, a federal judge in California ruled Sept. 28 in denying the motions (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 89174).

Mealey's Litigation Procedure - Magistrate Judge Orders Rolling Paper Documents To Be Turned Over For Discovery

CHICAGO - A magistrate judge in an Illinois federal court on Sept. 27 ordered a tobacco company to produce documents regarding the design of its rolling papers that are in the possession of one of its French subsidiaries in a trademark infringement countersuit after finding that French law does not entirely preempt the company making those documents available for discovery (Republic Technologies LLC, et al. v. BBK Tobacco & Foods LLP, No. 16 3401, N.D. Ill., 2017 U.S. Dist. LEXIS 158986).

Mealey's IP/Tech - Magistrate Judge Orders Rolling Paper Documents To Be Turned Over For Discovery

CHICAGO - A magistrate judge in an Illinois federal court on Sept. 27 ordered a tobacco company to produce documents regarding the design of its rolling papers that are in the possession of one of its French subsidiaries in a trademark infringement countersuit after finding that French law does not entirely preempt the company making those documents available for discovery (Republic Technologies LLC, et al. v. BBK Tobacco & Foods LLP, No. 16 3401, N.D. Ill., 2017 U.S. Dist. LEXIS 158986).