SAN JOSE, Calif. - On the heels of his ruling from the bench to limit the class definition for a securities class action lawsuit against a medical technology developer and certain of its current and former executive officers, a federal magistrate judge on Sept. 6 issued a written ruling explaining his decision to limit the class definition to including only "indirect" investors in the company's stock (Robert Colman, et al. v. Theranos Inc., et al., No. 16-6822, N.D. Calif.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 6 upheld findings by the Patent Trial and Appeal Board that a patented apparatus and method for cryptographic processing with the serial advanced technology attachment (SATA) protocol is unpatentable under Section 103 of the Patent Act, 35 U.S.C. 103 (Enova Technology Corp. v. Seagate Technology LLC, et al., No. 16-1749, Fed. Cir., 2017 U.S. App. LEXIS 17173).
MARSHALL, Texas - An expert can opine that accused patent infringer T-Mobile "made" a product, rather than just "used" it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606).
WASHINGTON, D.C. - A federal district court did not err in denying a company's motion for a new trial following a jury's award of a $70 million verdict on claims for misappropriation of trade secrets and a federal judge's order requiring the company to pay an additional $21 million because a damages award in the action was not "against the clear weight of the evidence," a Federal Circuit U.S. Court of Appeals panel ruled Sept. 1 in affirming the lower court's ruling (CardiAQ Valve Technologies, Inc. v. Neovasc Inc., Nos. 17-1302, 17-1513, Fed. Cir., 2017 U.S. App. LEXIS 16856).
BOSTON - Allegations by the president and fellows of Harvard College that a defendant infringed two Harvard patents should proceed in Massachusetts, a federal judge ruled Aug. 30 in the latest case to address the implications of the May 2017 U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) (President and Fellows of Harvard College v. Micron Technology Inc., No. 16-11429, D. Mass., 2017 U.S. Dist. LEXIS 139485).
ALEXANDRIA, Va. - A patent owner on Aug. 28 announced its intent to appeal a June 2017 adverse inter partes review (IPR) holding to the Federal Circuit U.S. Court of Appeals (General Electric Company v. United Technologies Corporation, No. IPR2016-00533, PTAB).
ALEXANDRIA, Va. - In an Aug. 25 request for inter partes review (IPR), two petitioners assert that a Nichia Corp. patent is "an attempt to monopolize the basic notion of mixing blue and yellow to create white, as applied to" light emitting devices (LEDs) (TCL Multimedia Technology Holdings Ltd. and TTE Technology Inc. v. Nichia Corp., No. 2017-01999, PTAB).
SAN FRANCISCO - Uber Technologies Inc. says in an Aug. 24 motion that despite the recent filing of an amended complaint, two former Uber drivers bringing a putative class action over a 2014 data breach still fail "to identify a single instance of identity theft stemming from the" breach, asking a California federal judge to again dismiss the suit (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
SEATTLE - A Washington federal judge on Aug. 17 granted a motion filed by a maker of ultrasound devices and technology for confirmation of a final arbitral award, ordering a medical systems company to pay it $2,738,185 in fees and costs (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No. 14-1820, W.D. Wash., 2017 U.S. Dist. LEXIS 76694).
WASHINGTON, D.C. - Allegations that Expedia Inc. and other travel websites infringed a patented system for creating and updating order lists were properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (Cronos Technologies LLC v. Expedia Inc., et al., No. 16-2528, Fed. Cir., 2017 U.S. App. LEXIS 15490).
NEW YORK - A mobile application by Uber Technologies Inc., a ridesharing service, provided "reasonably conspicuous notice" of its terms of service, which included an arbitration clause, as a matter of California law, a Second Circuit U.S. Court of Appeals panel ruled Aug. 17 in a price-fixing class complaint, ordering a trial court on remand to determine whether Uber and its co-founder waived their right to arbitration by litigating the case (Spencer Meyer, et al. v. Uber Technologies, Inc., et al., Nos. 16-2750, 16-2752, 2nd Cir., 2017 U.S. App. LEXIS 15497).
WASHINGTON, D.C. - In an Aug. 11 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Samsung Electronics Co. Ltd. and related entities defended the propriety of a December 2016 ruling by the Patent Trial and Appeal Board, which deemed myriad claims of a wireless hot-spot technology patent obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (IXI IP LLC v. Samsung Electronics Co. Ltd., No. 17-1665, Fed. Cir.).
CHICAGO - Plaintiffs representing three classes of individuals who received unsolicited text messages from Uber Technologies Inc. moved Aug. 11 for preliminary approval of a $20 million settlement (Maria Vergara, et al. v. Uber Technologies, Inc., No. 15-6942, N.D. Ill.).
WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual Memory LLC v. NVIDIA Corporation, No. 16-2254, Fed. Cir.).
CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).
WASHINGTON, D.C. - The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier Foundation, No. 16-1123, Fed. Cir., 2017 U.S. App. LEXIS 14485).
CHARLOTTE, N.C. - An insurer of an affiliate of former Chapter 11 debtor Garlock Sealing Technologies LLC sued Garlock, its parent and another former debtor affiliate in North Carolina federal court on Aug. 2, seeking to force the Garlock parties to arbitrate a dispute over whether the insurer owes any money to the parties under an excess policy issued in 1983 (Safety National Casualty Corp. v. Garlock Sealing Technologies LLC, et al., No. 3:17-cv-00458, W.D. N.C.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 1 upheld the convictions of five men on cocaine trafficking charges after affirming the trial court's allowance of expert testimony by a U.S. Coast Guard officer on technology used by law enforcement to detect trace amounts of drugs (United States of America v. Vanston Venner Williams, et al., No. 15-15360, 11th Cir., 2017 U.S. App. LEXIS 13906).
WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board (TTAB) that the mark "Earnhardt Collection" is not primarily merely a surname may have relied on an improper application of In re: Hutchinson Technology Inc., the Federal Circuit U.S. Court of Appeals ruled July 27 (Teresa H. Earnhardt v. Kerry Earnhardt Inc., No. 16-1939, Fed. Cir., 2017 U.S. App. LEXIS 13576).
WASHINGTON, D.C. - An Arkansas federal judge's grant of summary judgment in favor of a patent infringement defendant should be reversed because the defendant "fails to show a lack of genuine issues of material fact on even one of the elements of equitable estoppel," a patent owner told the Federal Circuit U.S. Court of Appeals in a July 26 reply brief (John Bean Technologies Corp. v. Morris & Associates Inc., No. 17-1502, Fed. Cir.).
SAN FRANCISCO - A group of Seagate Technology LLC employees on July 27 moved for preliminary approval of a putative class action over a 2016 phishing incident at the company that exposed their personally identifiable information (PII), asking a California federal court to greenlight relief in the form of restitution and identity theft protection, potentially valued at $42 million (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).
SAN FRANCISCO - The plaintiffs in a putative class action over the sharing of contact information on devices made by Apple Inc. saw their class certification motion denied July 25, with a California federal judge finding that the plaintiffs failed to establish the necessary predominance factors in their false advertising and unfair competition claims against Apple (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif., 2017 U.S. Dist. LEXIS 116333).