LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - New Jersey Federal Magistrate Consolidates 2 Environmental Contamination Lawsuits

NEWARK, N.J. - A New Jersey federal magistrate judge on July 14 granted an insured's motion to consolidate a subrogation lawsuit filed by a property owner against an insured and an insurance coverage lawsuit filed against the insured after determining that the suits involve common questions of law regarding subrogation of costs and coverage for a property contaminated with mercury (BRG Harrison Lofts Urban Renewal LLC v. General Electric Company, et al., and Evanston Insurance Co. v. Accredited Environmental Technologies Inc., et al., Nos. 16-6577, 17-1584, D. N.J., 2017 U.S. Dist. LEXIS 109447).

Mealey's Insurance - New Jersey Federal Magistrate Consolidates 2 Environmental Contamination Lawsuits

NEWARK, N.J. - A New Jersey federal magistrate judge on July 14 granted an insured's motion to consolidate a subrogation lawsuit filed by a property owner against an insured and an insurance coverage lawsuit filed against the insured after determining that the suits involve common questions of law regarding subrogation of costs and coverage for a property contaminated with mercury (BRG Harrison Lofts Urban Renewal LLC v. General Electric Company, et al., and Evanston Insurance Co. v. Accredited Environmental Technologies Inc., et al., Nos. 16-6577, 17-1584, D. N.J., 2017 U.S. Dist. LEXIS 109447).

Mealey's IP/Tech - Delaware Federal Judge Won't Dismiss Patent Claim On Section 101 Grounds

WILMINGTON, Del. - An effort by a defendant to obtain dismissal of allegations that it infringed a patented invention that - among other things - would purportedly replace human meter readers was unsuccessful July 11, when a Delaware federal judge ruled that the case should proceed (Smart Meter Technologies Inc. v. Duke Energy Corporation, No. 16-208, D. Del., 2017 U.S. Dist. LEXIS 106493).

Mealey's Litigation Procedure - Semiconductor Developer To Pay $7.25M To Settle Securities Law Claims

SAN FRANCISCO - A semiconductor developer and certain of its executive officers will pay more than $7 million to settle claims that they violated federal securities laws by failing to disclose certain related party transactions in the company's financial statements, lead plaintiffs say in a motion for preliminary approval of settlement filed July 10 in California federal court (In re Montage Technology Group Limited Securities Litigation, No. 14-0722, N.D. Calif.).

Mealey's Securities/D&O Liability - Semiconductor Developer To Pay $7.25M To Settle Securities Law Claims

SAN FRANCISCO - A semiconductor developer and certain of its executive officers will pay more than $7 million to settle claims that they violated federal securities laws by failing to disclose certain related party transactions in the company's financial statements, lead plaintiffs say in a motion for preliminary approval of settlement filed July 10 in California federal court (In re Montage Technology Group Limited Securities Litigation, No. 14-0722, N.D. Calif.).

Mealey's Litigation Procedure - $5.3 Million Class Settlement Preliminarily Approved In IPhone Apps Privacy Suit

SAN FRANCISCO - After five years of litigation, a California federal judge on July 6 granted preliminary approval to a $5.3 million settlement between a class of Apple Inc. device users and the developers of apps that allegedly accessed users' private address books without permission (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif., 2017 U.S. Dist. LEXIS 104507).

Mealey's Labor & Employment - Florida Federal Judge: No Potential Opt-Ins Means No Uber Driver Collective

MIAMI - A lead plaintiff's failure to show that there are any potential opt-in plaintiffs is fatal to his motion for certification of a misclassification collective action, a Florida federal judge ruled June 27 (Sebastian A. Rojas v. Uber Technologies, Inc., et al., No. 16-23670, S.D. Fla., 2017 U.S. Dist. LEXIS 98716).

Mealey's Litigation Procedure - Florida Federal Judge: No Potential Opt-Ins Means No Uber Driver Collective

MIAMI - A lead plaintiff's failure to show that there are any potential opt-in plaintiffs is fatal to his motion for certification of a misclassification collective action, a Florida federal judge ruled June 27 (Sebastian A. Rojas v. Uber Technologies, Inc., et al., No. 16-23670, S.D. Fla., 2017 U.S. Dist. LEXIS 98716).

Mealey's IP/Tech - Patent Board Deems 15 Claims Unpatentable As Anticipated, Obvious

ALEXANDRIA, Va. - In a final written decision issued June 14, the Patent Trial and Appeal Board agreed with a petitioner that 15 claims of a patented subsea Christmas tree system for use in oil and gas wells are unpatentable pursuant to Section 102 and 103 of the Patent Act, 35 U.S.C. 1 et seq. (FMC Technologies Inc. v. OneSubsea IP UK Limited, No. IPR2016-00328, PTAB).

Mealey's Bankruptcy - Federal Judge Confirms Garlock Sealing's Joint Plan Establishing Asbestos Trust

CHARLOTTE, N.C. - A North Carolina federal judge on June 12 confirmed the plan of reorganization for Chapter 11 debtor Garlock Sealing Technologies LLC after an insurer's remaining objections to the plan were resolved at a one-day bankruptcy court confirmation hearing in May (In re: Garlock Sealing Technologies, LLC, et al., No. 3:17-cv-275, W.D. N.C.).

Mealey's IP/Tech - Federal Circuit Affirms: Patents Lack Written Description Support

WASHINGTON, D.C. - Efforts by Purdue Pharma L.P. to overturn a Patent Trial and Appeal Board holding that myriad claims of two patent applications are unpatentable for lack of written description support failed June 13, when the Federal Circuit U.S. Court of Appeals instead upheld the board's rejection (Purdue Pharma L.P. v. Recro Technology LLC, No. 16-2260, Fed. Cir., 2017 U.S. App. LEXIS 10443).

Mealey's IP/Tech - Patent Board Sides With Intel, Qualcomm In Inter Partes Review

ALEXANDRIA, Va. - In a June 2 final written decision, the Patent Trial and Appeal Board deemed seven claims of a process for fabricating semiconductor devices unpatentable as anticipated under the Patent Act, 35 U.S.C. 102(b) (Intel Corp., et al. v. DSS Technology Management Inc., No. IPR2016-00287, PTAB).

Mealey's Litigation Procedure - Federal Judge Confirms $2.9M Award In Favor Of Verasonics Inc.

SEATTLE - A Washington federal judge on May 19 granted a petition filed by the maker of ultrasound devices and technology to medical researchers to confirm a $2,914,000 arbitral award issued in relation to a breach of nondisclosure agreements (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No. 14-1820, W.D. Wash., 2017 U.S. Dist. LEXIS 76694).

Mealey's IP/Tech - Semiconductor Patent Challenged In New Inter Partes Review Petition

ALEXANDRIA, Va. - A patent covering three process categories commonly used in the fabrication of semiconductor devices would have been obvious to a person of ordinary skill in the art, a petitioner for inter partes review told the Patent Trial and Appeal Board on May 22 (SPTS Technologies Ltd. v. Plasma-Therm LLC, No. IPR2017-01457, PTAB).

Mealey's Litigation Procedure - Judge: Pension Fund Cured Scienter Pleading Deficiency Against Company, CEO

SAN FRANCISCO - In granting in part and denying in part a motion to dismiss, a federal judge in California on May 17 held that a pension fund has cured its pleading deficiencies and properly shown that a semiconductor producer and its CEO acted with the requisite scienter in misrepresenting the company's key business metrics as required under federal securities laws (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif., 2017 U.S. Dist. LEXIS 75262).

Mealey's Securities/D&O Liability - Judge: Pension Fund Cured Scienter Pleading Deficiency Against Company, CEO

SAN FRANCISCO - In granting in part and denying in part a motion to dismiss, a federal judge in California on May 17 held that a pension fund has cured its pleading deficiencies and properly shown that a semiconductor producer and its CEO acted with the requisite scienter in misrepresenting the company's key business metrics as required under federal securities laws (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif., 2017 U.S. Dist. LEXIS 75262).

Mealey's IP/Tech - Uber Enjoined From Using Stolen Waymo Files In Self-Driving Car Trade Secret Suit

SAN FRANCISCO - Finding "compelling evidence" that a former Waymo LLC employee misappropriated confidential files and provided them to Uber Technologies Inc., a California federal judge on May 15 granted in part Waymo's motion for a preliminary injunction, ordering Uber to cease using any of the stolen materials in the development of its self-driving car technology (Waymo LLC v. Uber Technologies Inc., et al., No. 3:17-cv-00939, N.D. Calif.).

Mealey's IP/Tech - Microsoft Petitions Board For Inter Partes Review Of Memo Patent

ALEXANDRIA, Va. - A patent that claims a method for displaying a reminder to users of a communication device for future communication with members of their contact list does not pass muster under the Patent Act, 35 U.S.C. 103, Microsoft Corp. argues in a May 10 petition for inter partes review with the Patent Trial and Appeal Board (Microsoft Corp. v. Mira Advanced Technology Systems Inc., No. IPR2017-01411, PTAB).

Mealey's IP/Tech - Court Lacks Jurisdiction Over Defendant In Trade Secrets Suit, Judge Rules

HOUSTON - A federal district court lacks personal jurisdiction over a defendant in a patent infringement and misappropriation of trade secrets lawsuit because the plaintiff failed to show that the defendant had any contacts with the forum state, a federal judge in Texas ruled May 8 in granting the defendant's motion to dismiss (Downhole Technology LLC v. Silver Creek Services Inc., et al., No. 17-0020, S.D. Texas, 2017 U.S. Dist. LEXIS 70056).

Mealey's Litigation Procedure - Panel Affirms Court's Dismissal Of Securities Suit For Failure To Plead Falsity

SAN FRANCISCO - The lead plaintiff in a securities class action lawsuit against a tech company and certain of its current and former executive officers failed to plead any of the required elements of falsity as required pursuant to the U.S. Supreme Court's ruling in Omnicare Inc., et al. v. The Laborers District Council Construction Industry Pension Fund and The Cement Masons Local 526 Combined Funds, a Ninth Circuit U.S. Court of Appeals panel ruled May 5 in affirming a lower court's dismissal ruling (City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc., et al., No. 14-16814, 9th Cir., 2017 U.S. App. LEXIS 8005).

Mealey's Securities/D&O Liability - Panel Affirms Court's Dismissal Of Securities Suit For Failure To Plead Falsity

SAN FRANCISCO - The lead plaintiff in a securities class action lawsuit against a tech company and certain of its current and former executive officers failed to plead any of the required elements of falsity as required pursuant to the U.S. Supreme Court's ruling in Omnicare Inc., et al. v. The Laborers District Council Construction Industry Pension Fund and The Cement Masons Local 526 Combined Funds, a Ninth Circuit U.S. Court of Appeals panel ruled May 5 in affirming a lower court's dismissal ruling (City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc., et al., No. 14-16814, 9th Cir., 2017 U.S. App. LEXIS 8005).

Mealey's IP/Tech - Patent Owner: Board Improperly Reallocated Burden In Review

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that a patented computer-assisted surgery planner for joint placement procedures is unpatentable was proper, an appellee told the Federal Circuit U.S. Court of Appeals in a May 3 brief (Blue Belt Technologies, et al. v. Mako Surgical Corp., No. 16-2740, Fed. Cir.).

Mealey's Bankruptcy - Garlock Lobbies For Approval Of Joint Plan Establishing Asbestos Trust

CHARLOTTE, N.C. - The plan of reorganization for Chapter 11 debtor Garlock Sealing Technologies LLC should be confirmed because it meets all federal bankruptcy law requirements and is the best option for asbestos personal injury claimants, 95 percent of whom voted to accept the plan, the debtor says in its April 21 pre-confirmation hearing brief (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No. 16-6652, N.D. Calif., 2017 U.S. Dist. LEXIS 58481).

Mealey's Litigation Procedure - Federal Judge Grants Request To Amend Ruling Confirming $52M ICC Award

WASHINGTON, D.C. - A District of Columbia federal judge on April 13 granted a technology development company's request to amend a judgment that confirmed a $52,087,465.69 arbitral award issued in its favor and against the Hellenic Republic, adding the tribunal's award of costs and converting the entire ruling into U.S. dollars (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).