LexisNexis® Legal Newsroom
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.).

Mealey's IP/Tech - Texas Federal Judge Severs, Transfers Patent Claims

MARSHALL, Texas - A Texas federal judge on Jan. 26 severed and transferred patent infringement allegations against Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America LLC (Samsung, collectively) in what he deemed a "complicated" case (Vantage Point Technology Inc. v. Amazon.com Inc. et al., No. 13-909, E.D. Texas; 2015 U.S. Dist. LEXIS 8335).

Mealey's IP/Tech - Judge Allows Patentee To Supplement Previously Excluded Damages Testimony

OMAHA, Neb. - A technology firm may supplement evidence of its damages and patent validity experts in light of the firm's settlement and licensing agreement with one of the original defendants, a Nebraska federal judge ruled Jan.23 in four related suits over two wireless network authorization patents (Prism Technologies LLC v. Sprint Spectrum L.P., et al., Nos. 8:12-cv-00123, 8:12-cv-00124, 8:12-cv-00125 and 8:12-cv-00126, D. Neb.; 2015 U.S. Dist. LEXIS 8062).

Mealey's Litigation Procedure - Judge Allows Patentee To Supplement Previously Excluded Damages Testimony

OMAHA, Neb. - A technology firm may supplement evidence of its damages and patent validity experts in light of the firm's settlement and licensing agreement with one of the original defendants, a Nebraska federal judge ruled Jan. 23 in four related suits over two wireless network authorization patents (Prism Technologies LLC v. Sprint Spectrum L.P., et al., Nos. 8:12-cv-00123, 8:12-cv-00124, 8:12-cv-00125 and 8:12-cv-00126, D. Neb.; 2015 U.S. Dist. LEXIS 8062).

Mealey's Insurance - 'Claim' Was Made Against Insured During Policy Period, Federal Judge Rules

LAFAYETTE, La. - A Louisiana federal judge held Jan. 22 that a "claim" was made against an insured during its third-party administrator and technology professional liability, network security liability and business interruption insurance policy period, further finding that the insured provided timely notice of the claim (HealthSmart Benefit Solutions, Inc. versus Principia Underwriting, et al., No. 14-00776, W.D. La.; 2015 U.S. Dist. LEXIS 8134).

Mealey's IP/Tech - Supreme Court Vacates Judgments In Trio Of Patent Cases

WASHINGTON, D.C. - Petitions for certiorari in three patent disputes were granted Jan. 26 by the U.S. Supreme Court for the limited purpose of vacating and remanding to the Federal Circuit U.S. Court of Appeals (Gevo Inc. v. Butamax Advanced Biofuels, No. 13-1286; Lighting Ballast Control v. Universal Lighting Technologies, No. 131536; Shire Development LLC v. Watson Pharmaceuticals, No. 14-206, U.S. Sup.).

Mealey's PI/Product Liability - Virginia Jury Awards $2.5 Million For Fatal Lawn Mower Explosion

NORFOLK, Va. - A federal jury in Virginia awarded $2.5 million Jan. 22 to the widow of a man who was killed when a lawn mower manufactured by Ryobi Technologies Inc. exploded and caught fire (Stephen E. Bilenky, et al. v. Ryobi Technologies Inc., et al., No. 2:13cv345, E.D. Va.).

Mealey's Toxic Tort/Environmental - Law Firms Deny Garlock's Allegations Of Fraud, Conspiracy, RICO Violations

CHARLOTTE, N.C. - Several asbestos plaintiffs' law firms and attorneys deny allegations by Chapter 11 debtor Garlock Sealing Technologies LLC that they schemed to defraud Garlock in tort system cases and say that complaints filed against them by Garlock should be dismissed because Garlock knew of the exposure evidence the law firms and attorneys allegedly withheld, according to answers to the complaints filed Jan. 21 in North Carolina federal court (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 Bankruptcy - Law Firms Deny Garlock's Allegations Of Fraud, Conspiracy, RICO Violations

CHARLOTTE, N.C. - Several asbestos plaintiffs' law firms and attorneys deny allegations by Chapter 11 debtor Garlock Sealing Technologies LLC that they schemed to defraud Garlock in tort system cases and say that complaints filed against them by Garlock should be dismissed because Garlock knew of the exposure evidence the law firms and attorneys allegedly withheld, according to answers to the complaints filed Jan. 21 in North Carolina federal court (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 IP/Tech - Federal Circuit Affirms: Patents Would Have Been Obvious

WASHINGTON, D.C. - A patent owner waived any right to dispute an examiner's use of a machine translation of a Japanese prior art patent when the plaintiff failed to accept the examiner's offer to reopen re-examination proceedings with the translation on the record, the Federal Circuit U.S. Court of Appeals affirmed Jan. 20 (In re: Orbital Technologies Corp., Nos. 14-1298, -1299, Fed. Cir.).

Mealey's Litigation Procedure - Amkor And Tessera Reach $155 Million Settlement Of Claims

CHANDLER, Ariz. - A technology company on Jan. 16 announced that it has entered a $155 million in settlement of outstanding litigation and arbitration proceedings.