LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Magistrate Dismisses Former Uber Driver's Class Action Over Data Breach

SAN FRANCISCO - A former partner-driver of Uber Technologies Inc. failed to plead sufficient injury from the purported theft of his personally identifiable information (PII), a California federal magistrate judge ruled Oct. 19, granting Uber's motion to dismiss the putative unfair competition and failure to secure class claims against it (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.; 2015 U.S. Dist. LEXIS 141945).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Claims Of Patent Fraud

CHICAGO - Allegations that the predecessor-in-interest for two declaratory judgment defendants committed fraud before the U.S. Patent and Trademark Office (PTO) in procuring patents for an automated card shuffler were rejected on jurisdictional grounds Oct. 9 by an Illinois federal judge (Shuffle Tech International LLC, et al. v. Bally Technologies Inc., et al., No. 15-3702, N.D. Ill.; 2015 U.S. Dist. LEXIS 138741).

Mealey's IP/Tech - Supreme Court Invites Government To Weigh In On Patent Case

WASHINGTON, D.C. - In the Oct. 5 orders list, the U.S. Supreme Court invited the views of the solicitor general in a dispute that raises questions about third-party induced patent infringement and the multiple-component rule (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).

Mealey's Litigation Procedure - Magistrate Judge Orders Defendants In Securities Suit To Produce Privilege Log

NEW YORK - A federal magistrate judge in New York on Sept. 29 ordered defendants in a securities class action lawsuit to produce a privilege log containing certain information sought by the named plaintiff in the action showing why it is covered by work product privilege (In re Symbol Technologies Inc. Securities Litigation, No. 05-3923, E.D. N.Y.; 2015 U.S. Dist. LEXIS 131478).

Mealey's Securities/D&O Liability - Magistrate Judge Orders Defendants In Securities Suit To Produce Privilege Log

NEW YORK - A federal magistrate judge in New York on Sept. 29 ordered defendants in a securities class action lawsuit to produce a privilege log containing certain information sought by the named plaintiff in the action showing why it is covered by work product privilege (In re Symbol Technologies Inc. Securities Litigation, No. 05-3923, E.D. N.Y.; 2015 U.S. Dist. LEXIS 131478).

Mealey's IP/Tech - Federal Circuit: Dispute Over Patent Notices Belongs In State Court

WASHINGTON, D.C. - A complaint by the State of Vermont alleging violations of the Vermont Consumer Protection Act (VCPA) in connection with letters sent by one defendant corporation to other corporations alleging patent infringement should not have been removed to federal court, the Federal Circuit U.S. Court of Appeals ruled Sept. 28 (State of Vermont v. MPHJ Technology Investments LLC, No. 15-1310, Fed. Cir.; 2015 U.S. App. LEXIS 17060).

Mealey's Litigation Procedure - Some Plan Negotiations In Garlock Case Will Remain Confidential, Judge Says

CHARLOTTE, N.C. - Negotiations conducted after Jan. 16 between asbestos claimants and Chapter 11 debtor Garlock Sealing Technologies LLC on a plan of reorganization for the debtor will be kept confidential and out of the reach of discovery in the plan confirmation process based on a stipulation between the parties, a North Carolina federal bankruptcy ruled Sept. 23 (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Delaware Judge Rejects Defenses Presented In Patent Contract Litigation

WILMINGTON, Del. - Agreeing with the reasoning in California Gas Co. v. Syntellect Inc. (534 F. App'x 637, 638-39 [9th Cir. 2013]), a Delaware federal judge on Sept. 22 granted a breach of contract plaintiff - accused in related litigation of patent infringement - summary judgment on a defendant's attempt to invoke the affirmative defenses of apportionment and comparative fault (Seagate Technology Holdings Inc. v. Syntellect Inc., No. 12-1686, D. Del.; 2015 U.S. Dist. LEXIS 126393).

Mealey's Bankruptcy - Some Plan Negotiations In Garlock Case Will Remain Confidential, Judge Says

CHARLOTTE, N.C. - Negotiations conducted after Jan. 16 between asbestos claimants and Chapter 11 debtor Garlock Sealing Technologies LLC on a plan of reorganization for the debtor will be kept confidential and out of the reach of discovery in the plan confirmation process based on a stipulation between the parties, a North Carolina federal bankruptcy ruled Sept. 23 (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Judge Rejects Garlock's Request For Information On Asbestos Settlement Payments

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Sept. 23 denied a discovery request by Chapter 11 debtor Garlock Sealing Technologies LLC for information from 13 law firms concerning settlement payments received by non-mesothelioma claimants after the targeted law firms and an asbestos claimants' committee objected to the discovery on several grounds (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's PI/Product Liability - Ohio Judge Trims 3 Claims In Wright Profemur Hip Case; Punitives Claim Survives

DAYTON, Ohio - An Ohio federal judge on Sept. 18 dismissed with prejudice a hip implant plaintiff's claims of negligent wantonness, breach of implied warranty for a particular purpose and unjust enrichment, but denied dismissal of his punitive damages claim (Vincent Leen v. Wright Medical Technology, Inc., et al., No. 15-125, S.D. Ohio, W. Div.; 2015 U.S. Dist. LEXIS 125317).

Mealey's IP/Tech - Plaintiff Seeks Discovery Sanctions Against Apple In Flash Memory Patent Suit

SAN FRANCISCO - An intellectual property holding and licensing firm filed a motion in California federal court Sept. 14, seeking an award of sanctions against Apple Inc. for what it calls unjustified misrepresentation of the technology giant's knowledge of the flash memory patents in suit prior to the filing of the present lawsuit, which it says resulted in prejudice and the dismissal of willful infringement claims (Longitude Licensing Ltd., et al. v. Apple Inc., No. 3:14-cv-4275, N.D. Calif.).

Mealey's Litigation Procedure - Plaintiff Seeks Discovery Sanctions Against Apple In Flash Memory Patent Suit

SAN FRANCISCO - An intellectual property holding and licensing firm filed a motion in California federal court Sept. 14, seeking an award of sanctions against Apple Inc. for what it calls unjustified misrepresentation of the technology giant's knowledge of the flash memory patents in suit prior to the filing of the present lawsuit, which it says resulted in prejudice and the dismissal of willful infringement claims (Longitude Licensing Ltd., et al. v. Apple Inc., No. 3:14-cv-4275, N.D. Calif.).

Mealey's PI/Product Liability - Judge: Expert Cannot Testify On Saw Manufacturer's Flesh-Detection Technology

ORLANDO, Fla. - An expert has not demonstrated any reliable basis on which he can opine on how long it would take for a saw manufacturer to incorporate flesh-detection technology into a consumer-ready benchtop table saw, a Florida federal judge ruled Sept. 3, excluding in part the expert's testimony (Erik Bruskotter v. Robert Bosch Tool Corp., No. 13-1841, M.D. Fla.; 2015 U.S. Dist. LEXIS 117664).

Mealey's Litigation Procedure - Judge Allows Garlock To Seek Evidence Of Fraud, RICO Violations

CHARLOTTE, N.C. - A broad discovery request by Chapter 11 debtor Garlock Sealing Technologies LLC seeking information from 24 asbestos personal injury trusts and claims-processing facilities is an integral part of Garlock's attempt to establish a pattern of racketeering activity by an asbestos plaintiffs' law firm, a North Carolina federal judge held Sept. 3 in overruling the law firm's objections to a magistrate's approval of the discovery (Garlock Sealing Technologies LLC v. Belluck & Fox, LLP, et al., No. 3:14-cv-118, W.D. N.C.).

Mealey's Litigation Procedure - Judge: Expert Cannot Testify On Saw Manufacturer's Flesh-Detection Technology

ORLANDO, Fla. - An expert has not demonstrated any reliable basis on which he can opine on how long it would take for a saw manufacturer to incorporate flesh-detection technology into a consumer-ready benchtop table saw, a Florida federal judge ruled Sept. 3, excluding in part the expert's testimony (Erik Bruskotter v. Robert Bosch Tool Corp., No. 13-1841, M.D. Fla.; 2015 U.S. Dist. LEXIS 117664).

Mealey's Bankruptcy - Judge Allows Garlock To Seek Evidence Of Fraud, RICO Violations

CHARLOTTE, N.C. - A broad discovery request by Chapter 11 debtor Garlock Sealing Technologies LLC seeking information from 24 asbestos personal injury trusts and claims-processing facilities is an integral part of Garlock's attempt to establish a pattern of racketeering activity by an asbestos plaintiffs' law firm, a North Carolina federal judge held Sept. 3 in overruling the law firm's objections to a magistrate's approval of the discovery (Garlock Sealing Technologies LLC v. Belluck & Fox, LLP, et al., No. 3:14-cv-118, W.D. N.C.).

Mealey's IP/Tech - Federal Circuit Affirms: Patent Is Invalid As Indefinite

WASHINGTON, D.C. - A Virginia federal judge properly deemed "compliance mechanism" a means-plus-function term that lacks sufficient structure as it is used in a patent covering a method for preventing unauthorized recordings, the Federal Circuit U.S. Court of Appeals ruled Sept. 4 (Media Rights Technologies Inc. v. Capital One Financial Corporation, et al., No. 14-1218, Fed. Cir.; 2015 U.S. App. LEXIS 15767).

Mealey's Labor & Employment - California Federal Judge Partially Certifies Uber Driver Class In Wage Suit

SAN FRANCISCO - A California federal judge on Sept. 1 partially certified a class of drivers who have driven in California for Uber Technologies Inc. and allege that they were improperly classified as independent contractors and denied reimbursement for all necessary expenditures, as well the full amount of gratuity left by customers (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.; 2015 U.S. Dist. LEXIS 116482).

Mealey's IP/Tech - Delaware Federal Judge Agrees: Patent Is Invalid

WILMINGTON, Del. - A Delaware federal judge on Sept. 2 granted myriad infringement defendants judgment on the pleadings, deeming an asserted patent invalid under Section 101 of the Patent Act (Novo Transforma Technologies LLC v. Sprint Spectrum L.P. et al., Nos. 14-612, -613, -614, -615, -616, D. Del.; 2015 U.S. Dist. LEXIS 116647).

Mealey's Litigation Procedure - California Federal Judge Partially Certifies Uber Driver Class In Wage Suit

SAN FRANCISCO - A California federal judge on Sept. 1 partially certified a class of drivers who have driven in California for Uber Technologies Inc. and allege that they were improperly classified as independent contractors and denied reimbursement for all necessary expenditures, as well the full amount of gratuity left by customers (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.; 2015 U.S. Dist. LEXIS 116482).

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

CHARLOTTE, N.C. - Allegations made by Chapter 11 debtor Garlock Sealing Technologies LLC in complaints filed against asbestos plaintiffs' attorneys and law firms are "more than adequate to state a claim for fraud," a North Carolina federal judge held Sept. 2 in denying motions to dismiss the complaints (Garlock Sealing Technologies LLC v. Simon Greenstone Panatier Bartlett, APLC, et al., No. 14-116, W.D. N.C.; 2015 U.S. Dist. LEXIS 117028; Garlock Sealing Technologies LLC v. Shein Law Center, Ltd., et al., No. 14-137, W.D. N.C.; 2015 U.S. Dist. LEXIS 117027).

Mealey's PI/Product Liability - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's Litigation Procedure - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's Toxic Tort/Environmental - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).