LexisNexis® Legal Newsroom
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.

Mealey's Bankruptcy - Garlock Parent Says Deal Reached With Asbestos Representative On $357M Plan

CHARLOTTE, N.C. - Chapter 11 debtor Garlock Sealing Technologies LLC's reorganization will include $357.5 million in funding to resolve current and future asbestos personal injury claims under an agreement reached with the court-appointed representative of future asbestos claimants, according to a news release issued Jan. 13 by Garlock's parent (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - High Court Denies Certiorari In Software Authorization Patent Case

WASHINGTON, D.C. - In its Jan. 12 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Apple Inc. in a patent infringement case that pertained to matters of indefiniteness and de novo review, despite Apple's contention that a recent decision in one high court case and a pending decision in another merited review of the matter (Apple Inc. v. Ancora Technologies Inc., No. 14-469, U.S. Sup.).

Mealey's IP/Tech - New Jersey Federal Judge: Contract Case Improperly Removed

TRENTON, N.J. - A dispute over a purchasing and licensing agreement that involved underlying patented technology should proceed in the Bergen County, N.J., Superior Court, Law Division, a New Jersey federal judge ruled Jan. 7 in what she deemed a case of first impression (Masimo Corporation v. Mindray DS USA Inc., et al., No. 14-405, D. N.J.; 2015 U.S. Dist. LEXIS 1210).

Mealey's Litigation Procedure - Judgment Issued In Apple's Favor In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - About three weeks after a jury returned a verdict in favor of Apple Inc. in an antitrust class action over its iTunes and iPod products, a California federal judge on Jan. 5 issued judgment in the technology giant's favor (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judgment Issued In Apple's Favor In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - About three weeks after a jury returned a verdict in favor of Apple Inc. in an antitrust class action over its iTunes and iPod products, a California federal judge on Jan. 5 issued judgment in the technology giant's favor (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.).

Mealey's IP/Tech - Texas Federal Judge Transfers Some Patent Cases To California Court

MARSHALL, Texas - Although their request for a stay was denied Jan. 6 by a Texas federal judge, several patent infringement defendants nonetheless won transfer of their cases to California federal court (Vantage Point Technology Inc. v. Amazon.com Inc., et al., No. 13-909, E.D. Texas).

Mealey's IP/Tech - Judgment Issued In Apple's Favor In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - About three weeks after a jury returned a verdict in favor of Apple Inc. in an antitrust class action over its iTunes and iPod products, a California federal judge on Jan. 5 issued judgment in the technology giant's favor (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.).

Mealey's Insurance - 8th Circuit: Buy-Up Claim Is Precluded By Pre-Existing Condition Provision

ST. PAUL - State laws that preclude discretionary language and pre-existing condition limitations in group health and disability plans did not negate an abuse-of-discretion standard of review or application of a disability plan's pre-existing condition limitation provision, the Eighth Circuit U.S. Court of Appeals held Dec. 29 in ruling that an insurer did not abuse its discretion under the Employee Retirement Income Security Act in denying buy-up benefits due to the plan's pre-existing condition provision (Karen Brake v. The Hutchinson Technology Incorporated Group Disability Income Insurance Plan, No. 13-3421, 8th Cir.; 2014 U.S. App. LEXIS 24489).

Mealey's Labor & Employment - 8th Circuit: Buy-Up Claim Is Precluded By Pre-Existing Condition Provision

ST. PAUL - State laws that preclude discretionary language and pre-existing condition limitations in group health and disability plans did not negate an abuse-of-discretion standard of review or application of a disability plan's pre-existing condition limitation provision, the Eighth Circuit U.S. Court of Appeals held Dec. 29 in ruling that an insurer did not abuse its discretion under the Employee Retirement Income Security Act in denying buy-up benefits due to the plan's pre-existing condition provision (Karen Brake v. The Hutchinson Technology Incorporated Group Disability Income Insurance Plan, No. 13-3421, 8th Cir.; 2014 U.S. App. LEXIS 24489).

Mealey's IP/Tech - Federal Circuit Denies Rehearing In FaceTime Patent Suit Against Apple

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 16 denied a Nevada technology company's motion for en banc rehearing of a ruling that had reversed a $368 million verdict against Apple Inc. related to patent infringement claims that implicated Apple's FaceTime technology (VirnetX Inc. v. Apple Inc., No. 13-1489, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit: 4 Multiplex Amplification Patents Are Invalid

WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Dec. 15 deemed four patents relating to the multiplex amplification of short tandem repeat (STR) loci, a form of repeating nucleotide sequence found in DNA, invalid for lack of enablement contrary to findings by a Wisconsin federal judge (Promega Corp. v. Life Technologies Corp., et al., Nos. 13-1011, -1029, -1376, Fed. Cir.).

Mealey's Litigation Procedure - Judge Denies Dismissal Of Class Complaint Against Bitcoin Miner Manufacturers

PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss (Craig Lenell, et al. v. Advanced Mining Technology Inc., et al., No. 14-1924, E.D. Pa.; 2014 U.S. Dist. LEXIS 172052).

Mealey's Antitrust/Unfair Competition - Judge Denies Dismissal Of Class Complaint Against Bitcoin Miner Manufacturers

PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss (Craig Lenell, et al. v. Advanced Mining Technology Inc., et al., No. 14-1924, E.D. Pa.; 2014 U.S. Dist. LEXIS 172052).

Mealey's Banking & Finance - Judge Denies Dismissal Of Class Complaint Against Bitcoin Miner Manufacturers

PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss (Craig Lenell, et al. v. Advanced Mining Technology Inc., et al., No. 14-1924, E.D. Pa.; 2014 U.S. Dist. LEXIS 172052).

Mealey's IP/Tech - Judge Denies Dismissal Of Class Complaint Against Bitcoin Miner Manufacturers

PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss (Craig Lenell, et al. v. Advanced Mining Technology Inc., et al., No. 14-1924, E.D. Pa.; 2014 U.S. Dist. LEXIS 172052).

Mealey's Bankruptcy - Bankruptcy Judge Rejects Claimants' Bid To Reopen Estimation Hearing Record

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Dec. 9 denied a request by the committee representing asbestos claimants in Garlock Sealing Technologies LLC's bankruptcy case to reopen the record of the hearing held to estimate Garlock's asbestos liability, rejecting the committee's contention that new evidence shows that Garlock committed a fraud upon the court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Federal Judge Refuses To Vacate $112 Million Award In Patent Dispute

WILMINGTON, Del. - A Delaware federal judge on Dec. 10 denied a corporation's motion to vacate a $112 million arbitration award issued by the International Chamber of Commerce (ICC) in a patent dispute, finding that the tribunal and two other courts have already ruled on the issue and that abstention by the district court was warranted (Tessera Inc. v. Amkor Technology Inc., No. 12-852, D. Del.; 2014 U.S. Dist. LEXIS 170685).