LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - 10th Circuit Affirms Denial Of Petition To Confirm $1.6 Million Award

DENVER - The 10th Circuit U.S. Court of Appeals on July 19 affirmed dismissal of a Chinese company's petition to confirm an arbitral award issued in its favor, finding that the other party did not receive sufficient notice of the arbitration in China, rendering the arbitration invalid under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CEEG [Shanghai] Solar Science & Technology Co., Ltd., No. 15-1256, 10th Cir.; 2016 U.S. App. LEXIS 13192).

Mealey's IP/Tech - Federal Judge Agrees: Unclean Hands, Estoppel Trademark Defenses Are Without Merit

SHERMAN, Texas - An infringement plaintiff's affirmative defenses of unclean hands and estoppel in response to a defendant's counterclaim for cancellation of various trademarks were properly rejected by a Texas federal magistrate judge, a Texas federal judge concluded July 16 (Neal Technologies Inc. v. Unite Motorsports Inc., No. 15-385, E.D. Texas; 2016 U.S. Dist. LEXIS 92655).

Mealey's IP/Tech - Federal Circuit Dismisses Appeal, Rejects Request For Corrected Construction

WASHINGTON, D.C. - A patent owner's efforts to have the Federal Circuit U.S. Court of Appeals correct a claim construction rendered by the Patent Trial and Appeal Board were unsuccessful on July 15, when the panel found that it lacks appellate jurisdiction (SkyHawke Technologies LLC v. Deca International Corp., Nos. 2016-1325, 2016-1326, Fed. Cir.; 2016 U.S. App. LEXIS 12977).

Mealey's IP/Tech - Adidas Sues Skechers For Patent Infringement In Oregon Federal Court

PORTLAND, Ore. - A new athletic shoe by Skechers USA Inc. makes improper use of adidas AG's patented "Springblade" technology, adidas alleges in a July 11 complaint filed in the U.S. District Court for the District of Oregon (adidas AG v. Skechers USA Inc., No. 16-1400, D. Ore.).

Mealey's Litigation Procedure - Uber Drops Comcast Subpoena In Data Breach Suit; Related Appeal Dismissed

SAN FRANCISCO - Two days after Uber Technologies Inc. filed a notice in a California federal court that it was withdrawing a subpoena on Comcast, through which Uber had sought to identify a particular subscriber as part of its suit over a 2014 breach of its network, Uber and that unnamed subscriber stipulated June 29 to dismiss an appeal in the Ninth Circuit U.S. Court of Appeals that resulted from a ruling on the subpoena (Uber Technologies Inc. v. John Doe I v. Subscriber, No. 15-16532, 9th Cir.).

Mealey's Litigation Procedure - D.C. Circuit: Government Agency Emails In Private Account Not Shielded From FOIA

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals majority on July 5 found that a government "agency cannot shield its records from search or disclosure under" the Freedom of Information Act (FOIA) by "storing them in a private email account controlled by the agency head," reversing a trial court's dismissal of a group's FOIA for certain emails of the director of the Office of Science and Technology Policy (OSTP) as inconsistent with the purpose of the act (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 15-5128, D.C. Cir.; 2016 U.S. App. LEXIS 12357).

Mealey's PI/Product Liability - Wright Says Court Erred By Resubmitting Hip Case To Jury For New Verdict

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.).

Mealey's IP/Tech - Supreme Court Grants Petition In Patent Dispute Over Worldwide Sales

WASHINGTON, D.C. - Following the recommendation of the U.S. government, the U.S. Supreme Court on June 27 granted certiorari in a patent dispute but limited its grant to the second question presented in the petition by Life Technologies Corp. (LifeTech) (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).

Mealey's IP/Tech - Supreme Court: Decisions To Institute Patent Review Are Not Appealable

WASHINGTON, D.C. - The U.S. Supreme Court on June 20 deemed the Patent Trial and Appeal Board's practice of giving patent claims their "broadest-reasonable-interpretation" (BRI) during inter partes review (IPR) a "reasonable exercise" of the U.S. Patent and Trademark Office's rulemaking authority (Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446, U.S. Sup.).

Mealey's IP/Tech - Michigan Federal Judge Denies Dismissal In Software Patent Case

DETROIT - Efforts by a patent infringement defendant to obtain dismissal of the allegations pursuant to 35 U.S. Code Section 101 failed June 7, when a Michigan federal judge found that the technology at issue is not abstract under step one of the Alice Corp. Pty. Ltd. v. CLS Bank International (134 S. Ct. 2347 [2014]) framework (JDS Technologies Inc. v. Exacq Technologies Inc., No. 15-10387, E.D. Mich.; 2016 U.S. Dist. LEXIS 73622).

Mealey's IP/Tech - Verdict, Judgment Find Google Earth Did Not Infringe German Firm's Patent

WILMINGTON, Del. - Issuing judgment in accord with a jury's verdict, a Delaware federal judge on May 31 ruled that Google Inc. did not infringe a German design and technology firm's patent with its "Google Earth" application (ART+COM Innovationpool GmbH v. Google Inc., No. 1:14-cv-00217, D. Del.).

Mealey's IP/Tech - Jury Finds Google's Use Of Copyrighted Java Technology Was Fair Use

SAN FRANCISCO - On the fourth day of deliberations in the second copyright trial over Java-related technology between Oracle America Inc. and Google Inc., a California federal jury on May 26 found that Google's use of Java structure, sequence and organization (SSO) in its Android operating system constituted fair use under the Copyright Act (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).

Mealey's Bankruptcy - Garlock Files New Plan; Disclosure Statement Hearing Scheduled

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on May 23 said he will hold a hearing June 22 to consider approving the recently filed disclosure statement for the revamped plan of reorganization of Garlock Sealing Technologies LLC (GST) (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Labor & Employment - Ohio Federal Judge Sends Uber Driver's Employment Suit To Arbitrator

CLEVELAND - An arbitrator must decide the arbitrability of a former Uber Technologies Inc.'s drivers wage and employment status allegations, an Ohio federal judge ruled May 23, finding that the driver failed to timely opt out of the arbitration provision of the services agreement to which he consented (LaDon Bruster v. Uber Technologies Inc., et al., No. 15-2653, N.D. Ohio; 2016 U.S. Dist. LEXIS 67523).

Mealey's IP/Tech - Samsung Hit With New Patent Lawsuit Over Smartphone Technology

SAN FRANCISCO - Alleging infringement of 11 standard-essential patents (SEPs), China-based Huawei Technologies Co. Ltd. on May 24 took aim at Samsung Electronics Co. Ltd. in a new California federal complaint (Huawei Technologies Co. Ltd. et al. v. Samsung Electronics Co. Ltd. et al., No. 16-2787, N.D. Calif.).

Mealey's Litigation Procedure - Ohio Federal Judge Sends Uber Driver's Employment Suit To Arbitrator

CLEVELAND - An arbitrator must decide the arbitrability of a former Uber Technologies Inc.'s drivers wage and employment status allegations, an Ohio federal judge ruled May 23, finding that the driver failed to timely opt out of the arbitration provision of the services agreement to which he consented (LaDon Bruster v. Uber Technologies Inc., et al., No. 15-2653, N.D. Ohio; 2016 U.S. Dist. LEXIS 67523).

Mealey's IP/Tech - 5th Circuit Sides With JP Morgan In Dispute Over Patent License Clause

NEW ORLEANS - A "most favored licensee" (MFL) clause in a license agreement allowing JP Morgan Chase Bank N.A. (JPMC) to use patented check processing technology was properly interpreted by a Texas federal judge as entitling JPMC to reimbursement after the patent licensor granted a similar unlimited license to another entity for a lesser lump sum, a divided Fifth Circuit U.S. Court of Appeals ruled May 19 (JP Morgan Chase Bank N.A. v. DataTreasury Corporation, No. 15-40905, 5th Cir.; 2016 U.S. App. LEXIS 9203).

Mealey's IP/Tech - Documents To Be Unsealed In 'Signal Abstracting' Patent Case Per EFF's Motion

TYLER, Texas - In response to a motion by intervenor Electronic Frontier Foundation (EFF), a Texas federal magistrate judge on May 17 ordered certain documents in a patent infringement case over "signal abstracting" anti-piracy technology to be unsealed in light of the presumption of public access to court filings, while permitting the parties to submit redacted copies of the documents in question related to legitimate confidential material (Blue Spike LLC v. Audible Magic Corp., No. 6:15-cv-00584, E.D. Texas; 2016 U.S. Dist. LEXIS 63956).

Mealey's Labor & Employment - Lead Plaintiff In Uber Wage Dispute Objects To Proposed Settlement

SAN FRANCISCO - The lead named plaintiff in a class wage-and-hour dispute against Uber Technologies Inc. filed a declaration on May 16 objecting to the proposed $100 million settlement, arguing that the results are "unjust" and "only benefit Uber" (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.).

Mealey's Litigation Procedure - Lead Plaintiff In Uber Wage Dispute Objects To Proposed Settlement

SAN FRANCISCO - The lead named plaintiff in a class wage-and-hour dispute against Uber Technologies Inc. filed a declaration on May 16 objecting to the proposed $100 million settlement, arguing that the results are "unjust" and "only benefit Uber" (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit Affirms: Patentee Status Not Conferred On Plaintiff

WASHINGTON, D.C. - A California federal judge did not err in dismissing a patent infringement action on jurisdiction grounds because he properly concluded that the plaintiff in the action never received patentee status from an assignee, the Federal Circuit U.S. Court of Appeals ruled May 17 (Diamond Coating Technologies LLC v. Hyundai Motor America et al., Nos. 15-1844, -1861, Fed. Cir.; 2016 U.S. App. LEXIS 8971).

Mealey's Insurance - Judge: Technology And Professional Services, Content Liability Coverage Triggered

SAN FRANCISCO - A California federal judge held April 26 that an insurer owes coverage under the technology and professional services liability and content liability provisions of an insurance policy for underlying claims against the insured involving an online teaching program (Educational Impact, et al. v. Travelers Property Casualty Company of America, et al., No. 15-04510, N.D. Calif.; 2016 U.S. Dist. LEXIS 55653).

Mealey's IP/Tech - Patent Board Institutes Review Of Commodities Trading Patent

ALEXANDRIA, Va. - In a 46-page ruling issued April 28, the Patent Trial and Appeal Board (PTAB) indicated that it will review the patentability of an invention that claims repositioning of market information on a graphical user interface (GUI) and electronic trading (IBG LLC and Interactive Brokers LLC v. Trading Technologies International Inc., No. CBM2016-0009, PTAB).

Mealey's IP/Tech - PTO Argues In Favor Of Broad Interpretation Standard Before High Court

WASHINGTON, D.C. - An attorney for the U.S. Patent and Trademark Office (PTO) told the U.S. Supreme Court on April 25 that the Federal Circuit U.S. Court of Appeals did not err in concluding that the PTO can use the broadest reasonable interpretation (BRI) or broadest reasonable construction of disputed patent claims during an inter partes review (IPR) or in deeming decisions to institute IPR nonreviewable (Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446, U.S. Sup.).

Mealey's Labor & Employment - Judge Orders Uber Settlement Objectors To File Single Objection

SAN FRANCISCO - A California federal judge on April 22 issued an order directing those individuals who object to the proposed $100 million settlement filed a day earlier in a class wage-and-hour dispute filed against Uber Technologies Inc. to file "a single document (instead of multiple filings) discussing all of their concerns and objections to the settlement, which will then be filed on the court docket" (Douglas O'Connor, et al. v. Uber Technologies, Inc., et al., No. 13-3826, Hakan Yucesoy, et al. v. Uber Technologies, Inc., et al., No. 15-262, N.D. Calif.).