SAN FRANCISCO - A California federal judge on Feb. 16 granted final approval of a nearly $344,000 settlement to be paid to a class of Uber Technologies Inc. customers who allege that Uber wrongfully retained a portion of gratuity charges paid by passengers (Caren Ehret, et al. v. Uber Technologies, Inc., No. 14-113, N.D. Calif., 2017 U.S. Dist. LEXIS 22586).
ALEXANDRIA, Va. - A patent issued to the California Institute of Technology covering channel coding and error-correcting codes would have been obvious to a person of ordinary skill in the art, Apple Inc. asserts in a Feb. 16 petition for inter partes review filed with the Patent Trial and Appeal Board (Apple Inc. v. California Institute of Technology, No. IPR2017-00702, PTAB).
SAN FRANCISCO - A California federal judge on Feb. 14 granted Samsung's motion to dismiss trade secret misappropriation claims in a lawsuit challenging the ownership of augmented reality technology, finding that these claims under California and New York law are barred by their respective statutes of limitations (GeoVector Corp. v. Samsung Electronics Co. Ltd., et al., No. 16-02463, N.D. Calif., 2017 U.S. Dist. LEXIS 20872).
WASHINGTON, D.C. - In a Feb. 10 appellant brief in the Federal Circuit U.S. Court of Appeals, Oracle America Inc. asserts error in a trial court's finding that Google Inc.'s copying of certain elements of its Java technology constituted fair use, arguing that the court failed to consider Google's misrepresentations and harm to the Java market (Oracle America Inc. v. Google Inc., No. 17-1118 and 17-1202, Fed. Cir.).
SAN FRANCISCO - Several movie studios tell the Ninth Circuit U.S. Court of Appeals in a Feb. 8 appellee brief that a video-streaming service provider blatantly violated the Digital Millennium Copyright Act (DMCA) by circumventing the technological protection measures (TPMs) on DVD and Blu-ray copies of their movies to offer edited versions to customers, also arguing that the defendant's defenses under the Family Movie Act (FMA) are incompatible with that statute's purposes (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).
SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).
PHOENIX - Allegations that two defendants infringed three patents relating to a process known as "singulation" will proceed in Florida federal court, where a separate case implicating the same three patents is already pending, an Arizona federal judge ruled Feb. 8 (ON Semiconductor Corporation, et al. v. Micro Processing Technology Inc., No. 16-1055, D. Ariz.; 2017 U.S. Dist. LEXIS 17753).
ALEXANDRIA, Va. - In a ruling issued Jan. 31, the Patent Trial and Appeal Board rejected assertions by Fujitsu Network Communication Inc. that a patented cross-polarization interference canceler (XPIC) is unpatentable under the Patent Act, 35 U.S.C. 103(a) (Fujitsu Network Communication Inc. v. Core Optical Technologies LLC, No. IPR2016-01618, PTAB).
CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Feb. 3 added three asbestos claimants from the new Chapter 11 case of Garlock Sealing Technologies LLC affiliate OldCo LLC to the claimants committee in Garlock's case after agreeing that the cases should be jointly administered (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, In re: OldCo, LLC, successor by merger to Coltec Industries Inc., No. 17-30140, W.D. N.C. Bkcy.).
SAN FRANCISCO - Efforts by a plaintiff to file an amended complaint to address an adverse claim construction ruling were rejected Jan. 30 by a California federal magistrate judge (VIA Technologies Inc. v. Asus Computer International, No. 14-3586, N.D. Calif., 2017 U.S. Dist. LEXIS 12614).
DALLAS - A Texas federal jury on Feb. 1 ordered four defendants - including Facebook Inc. - to pay a combined $500 million in actual damages to two virtual reality (VR) technology companies for copyright and trademark infringement, conversion, violations of a nondisclosure agreement and false designation (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div.).
WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded Jan. 26 (Securus Technologies Inc. v. Global Tel*Link Corporation, Nos. 16-1470, -1506, Fed. Cir.; 2017 U.S. App. LEXIS 1376).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).
WASHINGTON, D.C. - An Indiana federal judge properly found that under Akamai Technologies Inc. v. Limelight Networks Inc. (797 F.3d 1020, 1022 [Fed. Cir. 2015]) (Akamai V), a proposed generic chemotherapy drug would indirectly infringe "methods of treatment" claimed by an Eli Lilly & Co. patent, the Federal Circuit U.S. Court of Appeals ruled Jan. 12 (Eli Lilly & Co. v. Teva Parental Medicines Inc., et al., No. 15-2067, Fed. Cir.; 2017 U.S. App. LEXIS 555).
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied certiorari in four patent cases covering technologies ranging from pharmaceutical compounds to surgical staplers (Mylan Pharmaceuticals, et al. v. Acorda Therapeutics, et al., No. 16-360; Ethicon Endo-Surgery Inc. v. Covidien LP et al., No. 16-366; Lifescan Scotland Ltd. v. Pharmatech Solutions Inc., No. 16-377; Merck & Cie et al. v. Watson Laboratories, No. 16-493, U.S. Sup.).
SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).
WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications International Ltd., et al., No. 16-1449, Fed. Cir.).
WASHINGTON, D.C. - After a recent decision by the Supreme Court of Hellenic Republic to set aside an annulment of an international arbitral award issued in favor of a technology development company, a District of Columbia federal judge on Jan. 5 granted a petition to confirm the $52,087,465.69 award against the republic (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).
ALEXANDRIA, Va. - In a ruling issued Dec. 30, the Patent Trial and Appeal Board announced it will review the patentability of nine claims of a patented method for delivering digital content (Limelight Networks Inc. v. Akamai Technologies Inc., No. IPR2016-01631, PTAB).
WASHINGTON, D.C. - In a letter sent to counsel on Jan. 4, Chief Justice G. John Roberts Jr. revealed that despite his December participation in oral arguments, he will take no part in the U.S. Supreme Court's upcoming decision in the patent dispute between Life Technologies Corp. and Promega Corp. (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
NEW YORK - A federal judge in New York on Dec. 3 granted a pair of judgment creditors' motion to register a New York federal court's earlier order in a federal court in California where the party owing a $7.8 million arbitration award allegedly has substantial property (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.).
DETROIT - An arbitration provision agreed to by Uber Technologies Inc. drivers "clearly and unmistakably" provides that an arbitrator must decide the issue of arbitrability, a Michigan federal judge ruled Dec. 27, granting a motion to compel arbitration of a wage class complaint filed by two drivers (Arthur Zawada, et al. v. Uber Technologies, Inc., et al., No. 16-11334, E.D. Mich.; 2016 U.S. Dist. LEXIS 178582).