LexisNexis® Legal Newsroom
Mealey's Insurance - Contractual Liability Exclusion 'Squarely Applies' To Bar Coverage, Panel Affirms

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on June 11 affirmed a lower federal court's ruling that a contractual liability exclusion bars directors and officers liability coverage for underlying claims arising from the insured's contracts for foreign exchange transactions with four banks (PNY Technologies Inc., et al. v. Twin City Fire Ins. Co., No. 14-3624, 3rd Cir.; 2015 U.S. App. LEXIS 9781).

Mealey's Litigation Procedure - Claimants, Trust Say Garlock's Bid For Information Goes Too Far

CHARLOTTE, N.C. - Discovery proposed by Chapter 11 debtor Garlock Sealing Technologies LLC seeking information from the Manville Personal Injury Settlement Trust on the more than 90,000 asbestos claimants in Garlock's bankruptcy case "is patently excessive and should not be permitted," the Official Committee of Asbestos Personal Injury Claimants says in a June 8 objection filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Federal Circuit Affirms: Method Patent Claims Ineligible Subject Matter

WASHINGTON, D.C. - Amazon.com Inc. again prevailed on allegations that it infringed a method patent when the Federal Circuit U.S. Court of Appeals on June 11 agreed with a California federal judge that the patent in suit claims "no more than an abstract idea coupled with routine data-gathering steps and conventional computer activity" (OIP Technologies Inc. v. Amazon.com Inc., No. 12-1696, Fed. Cir.).

Mealey's PI/Product Liability - Closing Arguments Made In Wright Medical Profemur Hip Device Fracture Case

LOS ANGELES - The Profemur R hip implant was advertised by Wright Medical Technology Inc. as a replacement for other devices that had loosened, a plaintiff attorney told a California state court jury on June 10 in closing arguments at the end of an eight-day trial (Alan Warner, et al. v. Brad L. Penenberg, M.D., et al., No. BC 475958, Calif. Super., Los Angeles Co.).

Mealey's Bankruptcy - Claimants, Trust Say Garlock's Bid For Information Goes Too Far

CHARLOTTE, N.C. - Discovery proposed by Chapter 11 debtor Garlock Sealing Technologies LLC seeking information from the Manville Personal Injury Settlement Trust on the more than 90,000 asbestos claimants in Garlock's bankruptcy case "is patently excessive and should not be permitted," the Official Committee of Asbestos Personal Injury Claimants says in a June 8 objection filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Judge Dismisses UCL Claim From Dispute Over Mobile Technologies

SAN JOSE, Calif. - A federal judge in California on June 5 dismissed a state unfair competition law (UCL) claim from a dispute over whether an enterprise mobility management (EMM) solutions provider disseminated marketing materials disparaging the quality of the plaintiff's mobile data and device management technologies but allowed claims brought under the Lanham Act to continue (Good Technology Corp., et al. v. MobileIron Inc., No. 12-5826, N.D. Calif.; 2015 U.S. Dist. LEXIS 73271).

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

DETROIT - A patent dispute between two competitors in the field of video management software and systems will proceed, a Michigan federal judge ruled June 5 (JDS Technologies Inc. v. Avigilon USA Corporation Inc. and Avigilon Corp., No. 15-10385, E.D. Mich.; 2015 U.S. Dist. LEXIS 73217).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim From Dispute Over Mobile Technologies

SAN JOSE, Calif. - A federal judge in California on June 5 dismissed a state unfair competition law (UCL) claim from a dispute over whether an enterprise mobility management (EMM) solutions provider disseminated marketing materials disparaging the quality of the plaintiff's mobile data and device management technologies but allowed claims brought under the Lanham Act to continue (Good Technology Corp., et al. v. MobileIron Inc., No. 12-5826, N.D. Calif.; 2015 U.S. Dist. LEXIS 73271).

Mealey's Litigation Procedure - Federal Judge Finds Chinese Manufacturer Waived Right To Removal, Remands Case

SAN DIEGO - After finding that a Chinese maker of golf clubs waived its right to removal under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a California federal judge on June 1 granted a California corporation's motion to remand a contract dispute (Paradigm Solutions Group Inc. v. Shanghai Precision Technology Corp.; et al., No. 15-CV-539, S.D. Calif.; 2015 U.S. Dist. LEXIS 70596).

Mealey's IP/Tech - Virginia Federal Judge: Patent Litigation Not Exceptional

NORFOLK, Va. - Efforts by a patent infringement defendant and inequitable conduct counterclaimant to recoup its attorney fees in connection with the litigation were unsuccessful on June 1 (Certusview Technologies LLC v. S&N Locating Services LLC et al., No. 13-346, E.D. Va.).

Mealey's Litigation Procedure - Federal Judge Dismisses Petition To Enforce $1.6M CIETAC Award

DENVER - After finding that a company was not given adequate notice of an arbitration commenced against it in China in relation to a dispute over the purchase and sale of solar technology products, a Colorado federal judge on May 29 dismissed a petition to enforce the $1,620,882 award (CEEG [Shanghai] Solar Science & Technology Co., Ltd., No. 14-cv-03118, D. Colo.; 2015 U.S. Dist. LEXIS 69829).

Mealey's IP/Tech - Wisconsin Federal Judge Denies Motion To Strike Patent Counterclaims

MADISON, Wis. - Although conceding that a defendant's counterclaims and affirmative defenses are "probably" "technically insufficient," a Wisconsin federal judge on May 27 nonetheless denied a plaintiff's motion to dismiss and/or strike (Nouis Technologies Inc. v. Polaris Industries Inc., No. 14-233, W.D. Wis.; 2015 U.S. Dist. LEXIS 68128).

Mealey's Litigation Procedure - Federal Judge Stays Case, Compels Arbitration Over Licensing Disputes

NASHVILLE, Tenn. - After finding that the parties agreed to arbitration and that the claims in dispute must be decided by an arbitrator, a Tennessee federal judge on May 20 granted an Australian corporation's motion to compel arbitration under a marketing and license agreement (Vision Healthcare Systems [International] Pty, Ltd. v. Vision Software Technologies Inc., No. 3-15-0175, M.D. Tenn.; 2015 U.S. Dist. LEXIS 65924).

Mealey's Litigation Procedure - Garlock Releases All Sealed Evidence From Mesothelioma Hearing

CHARLOTTE, N.C. - All unsealed materials from last year's highly publicized mesothelioma liability ruling in the Chapter 11 case of Garlock Sealing Technologies LLC were made public May 18 in a North Carolina federal bankruptcy, with all personal information of claimants redacted (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Garlock Releases All Sealed Evidence From Mesothelioma Hearing

CHARLOTTE, N.C. - All unsealed materials from last year's highly publicized mesothelioma liability ruling in the Chapter 11 case of Garlock Sealing Technologies LLC were made public May 18 in a North Carolina federal bankruptcy, with all personal information of claimants redacted (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - On Remand, Divided Federal Circuit Says Patent Not Infringed

WASHINGTON, D.C. - Rejecting the "sweeping notions of common-law tort liability" advanced by a patent owner and a dissenting judge, a divided panel of the Federal Circuit U.S. Court of Appeals on May 13 again found that a defendant is not responsible for the actions of its customers who carried out "other steps" that led to infringement (Akamai Technologies Inc. et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 7856).

Mealey's IP/Tech - Federal Circuit Affirms Rejection Of Power Absorption Patent

WASHINGTON, D.C. - A confirmation by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board of an examiners rejection of various claims of a patent relating to a method and system for reducing a body's absorption of power while operating a wireless communication device was proper, the Federal Circuit U.S. Court of Appeals ruled May 11 (Saied Tadayon, et al. v. Saucon Technologies Inc., No. 14-1804, Fed. Cir.).

Mealey's IP/Tech - Blog Administrator Awarded Attorney Fees In Dismissed Defamation Case

DENVER - A Colorado federal judge on April 24 granted a blog administrator's motion for attorney fees in a case in which he achieved dismissal due to lack of jurisdiction, with the judge finding that a Colorado statute's attorney fees provision did not conflict with federal law (Advanced Career Technologies Inc. v. John Does 1-10, et al., No. 1:130cv-00304, D. Colo.; 2015 U.S. Dist. LEXIS 53941).

Mealey's IP/Tech - Uber May Subpoena Comcast, GitHub To Identify Hacker, Magistrate Rules

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and 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 April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).

Mealey's Litigation Procedure - Uber May Subpoena Comcast, GitHub To Identify Hacker, Magistrate Rules

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and 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 April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).

Mealey's IP/Tech - Defaulting Copyright Defendants Ordered To Pay $1.6 Million In Damages

SAN FRANCISCO - Although admittedly "concerned about the sizable amount" of actual damages claimed by a copyright infringement plaintiff, a California federal judge on April 23 nonetheless ordered two defaulting defendants to pay $1.6 million (FormFactor Inc. v. Mr. Prober Technology Inc. et al., No. 13-3688, N.D. Calif.; 2015 U.S. Dist. LEXIS 53637).

Mealey's Antitrust/Unfair Competition - Judge: Defendant Failed To Establish Predicate Act In Support Of UCL Claim

OAKLAND, Calif. - A federal judge in California on April 24 held that the plaintiff in a trade secrets case failed to establish a predicate breach of contract in support of its state unfair competition law (UCL) claim; therefore, the defendant was entitled to have judgment entered in its favor (Netlist Inc. v. Diablo Technologies, No. 13-5962, N.D. Calif.; 2015 U.S. Dist. LEXIS 54109).

Mealey's IP/Tech - After 2nd Trial, Jury Finds Chinese Firm's Wireless Devices Noninfringing

WILMINGTON, Del. - Six months after a jury found three technology patents owned by InterDigital Communications Inc. to be infringed by a Chinese-based company, another Delaware federal jury on April 22 found that a fourth InterDigital patent was not infringed (InterDigital Communications Inc., et al. v. ZTE Corp., et al., No. 1:13-cv-00009, D. Del.).

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.).