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).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 21 made a small amendment to its Sept. 7 opinion in which it held that a California federal judge erred when he assumed the authority to decide in two class complaints whether arbitration agreements between Uber Technologies Inc. and its drivers were enforceable and denied a petition for rehearing en banc (Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16178, Ronald Gillette v. Uber Technologies, Inc., No. 15-16181, Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16250, 9th Cir.; 2016 U.S. App. LEXIS 22898).
SPRINGFIELD, Mass. - In answers filed Dec. 9 in Massachusetts federal court, Harvard University and Massachusetts Institute of Technology (MIT) each deny a deaf advocacy organization's putative class claims that their websites violated federal law because they are not equally accessible for hearing-impaired individuals (National Association of the Deaf, et al. v. Harvard University, et al., No. 3:15-cv-30023, D. Mass; and National Association of the Deaf, et al. v. Massachusetts Institute of Technology, No. 3:15-cv-30024, D. Mass.).
LOS ANGELES - A video-on-demand (VOD) provider was hit with a preliminary injunction by a California federal judge Dec. 12 that prevents the firm from streaming, copying or editing works owned by the plaintiff movie studios, which accuse the company of infringement and circumventing their works' anti-piracy technology (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).
CHARLOTTE, N.C. - Canada's 10 provincial workers' compensation boards on Dec. 9 got more time from a North Carolina federal bankruptcy judge to vote on the Chapter 11 plan for Garlock Sealing Technologies LLC so they can finalize a $20 million settlement with the debtor and related companies of the boards' claims for payments made to more than 1,300 Canadian workers suffering from asbestos diseases (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).
SAN FRANCISCO - A California federal judge on Dec. 6 granted a technology company's motion to dismiss a counterclaim asserted by the maker of a mobile application that allows for credit card payments to taxicab drivers, finding no facts to support its claim for violation of California's unfair competition law (UCL) (Creative Mobile Technologies LLC v. Flywheel Software Inc., No. 16-cv-02560, N.D. Calif.; 2016 U.S. Dist. LEXIS 168569).
WASHINGTON, D.C. - A jury award of $52 million in lost profits was premised on an erroneous instruction that worldwide sales can be considered even when the product in question only contains a single "staple article" manufactured domestically, an attorney for patent infringement defendant Life Technologies Corp. told the U.S. Supreme Court on Dec. 6 (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
NEW YORK - A judgment debtor told a federal court in New York on Dec. 2 that it is appealing a $7.8 million judgment against it related to a reinsurance participation agreement that the judgment debtor claimed it was not a party to (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.).
NEW ORLEANS - A Texas federal judge erroneously denied Becton Dickinson & Co. (BD) judgment as a matter of law (JMOL) on allegations by a plaintiff that BD attempted to monopolize the market for safety syringes through various deceptive practices, the Fifth Circuit U.S. Court of Appeals held Dec. 2 (Retractable Technologies Inc. v. Becton Dickinson & Company, No. 14-41384, 5th Cir.; 2016 U.S. App. LEXIS 21556).
ALEXANDRIA, Va. - A patent covering a system that discloses the number of occupants in a vehicle traveling in a high occupancy vehicle (HOV) lane will face inter partes review (IPR), the Patent Trial and Appeal Board announced Nov. 22 (Los Angeles County Metropolitan Transportation Authority v. Transport Technologies LLC, No. IPR2016-01077, PTAB).
BOSTON - Allegations of direct, induced and willful patent infringement will proceed in Massachusetts federal court, but a claim for contributory patent infringement was dismissed Nov. 23 (Sunrise Technologies Inc. v. Cimcon Lighting Inc., No. 15-11545, D. Mass.; 2016 U.S. Dist. LEXIS 162557).
WASHINGTON, D.C. - Finding that the counterclaimant in a dispute over the ownership of certain motion picture technology "fail[ed] to carry the high burden . . . to overturn [a] district court's discovery determination," a Federal Circuit U.S. Court of Appeals panel on Nov. 17 denied the firm's motion for a writ of mandamus for relief from an order compelling production of purportedly privileged documents (In re: Rearden LLC, et al., No. 16-125, Fed. Cir.; 2016 U.S. App. LEXIS 20637).
WASHINGTON, D.C. - Three final decisions by the Patent Trial and Appeal Board that invalidated a patented software application as obvious and anticipated were not erroneous, the Federal Circuit U.S. Court of Appeals ruled Nov. 17 (B.E. Technology LLC v. Microsoft Corp., No. 15-1828; B.E. Technology LLC v. Google Inc., No. 15-1827; B.E. Technology v. Facebook Inc., Nos. 15-1829, -1879, Fed. Cir.).