LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Garlock's Review Procedures For Settled Asbestos Claims Not Needed, Committee Says

CHARLOTTE, N.C. - Garlock Sealing Technologies LLC's proposed procedures for objecting to and disallowing claims of 2,333 people seeking payment for asbestos-related injuries under prepetition settlements with Garlock should be rejected because the procedures are one-sided, unreasonable and unnecessary in the face of more pressing litigation to determine if Garlock's plan of reorganization can be confirmed, the asbestos claimants' committee in Garlock's Chapter 11 case said April 13 in an objection filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Garlock's Review Procedures For Settled Asbestos Claims Not Needed, Committee Says

CHARLOTTE, N.C. - Garlock Sealing Technologies LLC's proposed procedures for objecting to and disallowing claims of 2,333 people seeking payment for asbestos-related injuries under prepetition settlements with Garlock should be rejected because the procedures are one-sided, unreasonable and unnecessary in the face of more pressing litigation to determine if Garlock's plan of reorganization can be confirmed, the asbestos claimants' committee in Garlock's Chapter 11 case said April 13 in an objection filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Bankruptcy Judge Approves Garlock's Disclosure Statement

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on April 10 approved the disclosure statement for Chapter 11 debtor Garlock Sealing Technologies LLC's plan of reorganization, established a bar date for asbestos personal injury claims against Garlock, allowed the future claimants' representative (FCR) to vote on the reorganization plan and scheduled the plan confirmation hearing for June 2016 (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Federal Circuit Vacates, Remands Denial Of Fees In Patent Dispute

WASHINGTON, D.C. - A California federal judge erroneously denied Vizio Inc. an award of attorney and expert witness fees under 35 U.S. Code Section 285 and 28 U.S. Code Section 1927, the Federal Circuit U.S. Court of Appeals ruled April 10 (Oplus Technology Ltd. v. Vizio Inc., No. 14-1297, Fed. Cir.; 2015 U.S. App. LEXIS 5800).

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Reverses Invalidity Holding

WASHINGTON, D.C. - Although a California federal judge properly construed disputed claims in several technology patents, his decision to grant a summary judgment of patent invalidity was improper, the Federal Circuit U.S. Court of Appeals ruled April 3 (Vasudevan Software Inc. v. MicroStrategy Inc., No. 14-1094, Fed. Cir.).

Mealey's IP/Tech - Judgment, Verdicts Issued, JMOL Motions Filed In Mobile Tech Patent Suit

WILMINGTON, Del. - Following two jury verdicts, a Delaware federal judge on March 30 issued a split judgment related to two patents in suit pertaining to mobile phone technology, while the parties filed motions for judgment as a matter of law (JMOL) related to a third patent, which was the subject of the second verdict (Intellectual Ventures I LLC, et al. v. Motorola Mobility Inc., No. 1:11-cv-00908, D. Del.).

Mealey's Litigation Procedure - Shareholders Failed To Plead Auditor Scienter In Securities Suit, Panel Rules

NEW YORK - A federal district court judge did not err in denying shareholders' motion for leave to amend their securities class action complaint because they failed to plead auditor scienter, a Second Circuit U.S. Court of Appeals panel ruled March 25 (In re Advanced Battery Technologies Inc., et al., No. 14-1410, 2nd Cir.; 2015 U.S. App. LEXIS 4879).

Mealey's Securities/D&O Liability - Shareholders Failed To Plead Auditor Scienter In Securities Suit, Panel Rules

NEW YORK - A federal district court judge did not err in denying shareholders' motion for leave to amend their securities class action complaint because they failed to plead auditor scienter, a Second Circuit U.S. Court of Appeals panel ruled March 25 (In re Advanced Battery Technologies Inc., et al., No. 14-1410, 2nd Cir.; 2015 U.S. App. LEXIS 4879).

Mealey's Litigation Procedure - U.K. Home Office And Technology Firm Reach 150 Million Pound Agreement

WALTHAM, Mass. - A technology company on March 26 announced that its subsidiary has reached a 150 million pound settlement agreement with the United Kingdom in relation to a long-running arbitration dispute over electronic border security.

Mealey's Toxic Tort/Environmental - 6th Circuit Overrules Cement Company's Challenges Over Emissions Controls

CINCINNATI - A Canada-based concrete manufacturing company's challenges to a U.S. Environmental Protection Agency decision requiring the company to install best available retrofit technology (BART) to a Michigan plant were rejected by a Sixth Circuit U.S. Court of Appeals panel on March 24 after the court found that the company failed to show that the technology would not be effective at reducing nitrous oxide emissions (St. Marys Cement Inc. v. U.S. Environmental Protection Agency, Nos. 13-3105/14-3479, 6th Cir.; 2015 U.S. App. LEXIS 4759).

Mealey's IP/Tech - Some Expert Reports Excluded In Power Supply Patent Lawsuit

WILMINGTON, Del. - A Delaware federal judge on March 20 partly granted and partly denied motions to exclude expert testimony filed by both parties in a patent infringement lawsuit related to power supply technology (Fairchild Semiconductor Corp., et al. v. Power Integrations Inc., No. 1:12-cv-00540, D. Del.; 2015 U.S. Dist. LEXIS 34873).

Mealey's Litigation Procedure - Some Expert Reports Excluded In Power Supply Patent Lawsuit

WILMINGTON, Del. - A Delaware federal judge on March 20 partly granted and partly denied motions to exclude expert testimony filed by both parties in a patent infringement lawsuit related to power supply technology (Fairchild Semiconductor Corp., et al. v. Power Integrations Inc., No. 1:12-cv-00540, D. Del.; 2015 U.S. Dist. LEXIS 34873).

Mealey's Litigation Procedure - Uber Permitted To Subpoena Code-Hosting Site To Identify Doe In Hacking Lawsuit

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena the operator of a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled March 16, granting Uber's discovery motion (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.).

Mealey's IP/Tech - Uber Permitted To Subpoena Code-Hosting Site To Identify Doe In Hacking Lawsuit

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena the operator of a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled March 16, granting Uber's discovery motion (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.).

Mealey's IP/Tech - Uber Wins Partial Dismissal Of Texas False Advertising Claims

HOUSTON - Efforts by Uber Technologies Inc. and a co-defendant to obtain dismissal of allegations that they falsely advertised their services and misrepresented their level of insurance coverage to consumers were only partly successful on March 10, when a Texas federal judge agreed to allow a portion of the case proceed (Greater Houston Transportation Authority, et al. v. Uber Technologies Inc., No. 14-941, S.D. Texas).

Mealey's Bankruptcy - Judge Refuses To Transfer Garlock's Fraud, RICO Actions Against Law Firms

CHARLOTTE, N.C. - The most efficient forum for Chapter 11 debtor Garlock Sealing Technologies LLC's four adversary complaints accusing several asbestos plaintiff law firms of fraud is in North Carolina, where Garlock's bankruptcy case is pending, a federal judge in that state ruled March 9 in denying the law firms' motions to transfer the cases to the states where the underlying cases were heard (Garlock Sealing Technologies LLC v. Waters & Kraus, LLP, et al., No. 14-130; Garlock Sealing Technologies LLC v. Belluck & Fox, LLP, et al., No. 14-118; Garlock Sealing Technologies LLC v. Shein Law Center, Ltd., et al., No. 14-137; and Garlock Sealing Technologies LLC v. Simon Greenstone Panatier Bartlett, APLC, et al., No. 14-116, W.D. N.C.).

Mealey's Insurance - Warranty Exclusion Bars Coverage For Arbitration Award Against Insured, Judge Says

PORTLAND, Ore. - An Oregon federal judge found March 3 that an insurer has no duty to indemnify its insured for an underlying arbitration award entered against it because the technology errors and omissions liability insurance policy's warranty exclusion precludes recovery (Travelers Property Casualty Company of America v. Serverlogic Corp., et al., No. 13-2128-SI, D. Ore.; 2015 U.S. Dist. LEXIS 25460).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Fraud, UCL Claim In Breach Of Contract Case

SAN JOSE, Calif. - A federal judge in California on Feb. 27 dismissed a fraud and state unfair competition law (UCL) claim against defendants accused of breach of contract for failing to deliver computers or refund the bitcoin used to pay for the merchandise (Pete Morici v. Hashfast Technologies, et al., No. 14-87, N.D. Calif.; 2015 U.S. Dist. LEXIS 24251).

Mealey's IP/Tech - Federal Circuit Affirms: Pacing Patent Not Infringed By Garmin

WASHINGTON, D.C. - A California federal judge properly determined that Garmin International Inc. and Garmin USA Inc. (Garmin, collectively) did not infringe various claims of a patented system and method for pacing repetitive motions, the Federal Circuit U.S. Court of Appeals held Feb. 18 (Pacing Technologies LLC v. Garmin International Inc. and Garmin USA Inc., No. 14-1396, Fed. Cir.; 2015 U.S. App. LEXIS 2393).

Mealey's IP/Tech - Federal Circuit Reverses Collateral Estoppel Holding In Patent Case

WASHINGTON, D.C. - A Delaware federal judge erred in holding that a previous adverse jury verdict against a patentee collaterally estops that patentee from pursuing infringement allegations against a different defendant, the Federal Circuit U.S. Court of Appeals ruled Feb. 12 (United Access Technologies LLC v. CenturyTel Broadband Services LLC, et al., No. 14-1347, Fed. Cir.; 2015 U.S. App. LEXIS 2204).

Mealey's Litigation Procedure - Class Action Lawsuit Accuses Anthem Of Failing To Secure Private Data

LOS ANGELES - A California resident on Feb. 9 filed a class action lawsuit in federal court accusing Anthem Inc. of violating, among other things, the state's unfair competition law (UCL) in failing to safeguard personal information contained on the defendant's information technology (IT) systems after a massive breach of the company's systems (John Doe v. Anthem Inc., et al., No. 15-934, C.D. Calif.).

Mealey's IP/Tech - Class Action Lawsuit Accuses Anthem Of Failing To Secure Private Data

LOS ANGELES - A California resident on Feb. 9 filed a class action lawsuit in federal court accusing Anthem Inc. of violating, among other things, the state's unfair competition law (UCL) in failing to safeguard personal information contained on the defendant's information technology (IT) systems after a massive breach of the company's systems (John Doe v. Anthem Inc., et al., No. 15-934, C.D. Calif.).

Mealey's Health Law - Class Action Lawsuit Accuses Anthem Of Failing To Secure Private Data

LOS ANGELES - A California resident on Feb. 9 filed a class action lawsuit in federal court accusing Anthem Inc. of violating, among other things, the state's unfair competition law (UCL) in failing to safeguard personal information contained on the defendant's information technology (IT) systems after a massive breach of the company's systems (John Doe v. Anthem Inc., et al., No. 15-934, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Class Action Lawsuit Accuses Anthem Of Failing To Secure Private Data

LOS ANGELES - A California resident on Feb. 9 filed a class action lawsuit in federal court accusing Anthem Inc. of violating, among other things, the state's unfair competition law (UCL) in failing to safeguard personal information contained on the defendant's information technology (IT) systems after a massive breach of the company's systems (John Doe v. Anthem Inc., et al., No. 15-934, C.D. Calif.).

Mealey's IP/Tech - Divided Federal Circuit: No Jurisdiction Over Institution Of Review

WASHINGTON, D.C. - A holding by the Patent Trial and Appeal Board that three claims of a vehicle speed interface patent are obvious was affirmed Feb. 4 by a divided Federal Circuit U.S. Court of Appeals, after the panel rejected claims that it can review decisions to grant or deny petitions for inter partes review (IPR) under the Leahy-Smith America Invents Act (AIA) (In re: Cuozzo Speed Technologies LLC, No. 14-1301, Fed. Cir.).