WASHINGTON, D.C. - In an Oct. 25 appellee brief filed with the Federal Circuit U.S. Court of Appeals, a genomic research center argued that an appeal of a Patent Trial and Appeal Board (PTAB) interference proceeding stemming from technology related to genetic modification should be dismissed for lack of appellate jurisdiction (Regents of the University of California, et al., v. The Broad Institute Inc., et al., No. 17-1907, Fed. Cir.).
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Oct. 26 reversed a trial court's refusal to allow plaintiffs in one unsolicited fax class suit to intervene in a second nearly identical suit filed several years later and settled for tens of million less than the intervenors were looking to recover (Technology Training Associates, Inc., et al. v. Buccaneers Limited Partnership, No. 17-11710, 11th Cir., 2017 U.S. App. LEXIS 21205).
SAN FRANCISCO - In an Oct. 19 ruling, a California federal judge granted a motion by a group of Seagate Technology LLC employees to preliminarily approve an agreement settling contract and negligence claims against the company stemming from a 2016 phishing incident that exposed the personally identifiable information (PII) of thousands of employees (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).
ALEXANDRIA, Va. - A patent that discloses an interactive video system that adjusts game play based upon the skill level of a player will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Oct. 18 (FanDuel Inc., et al. v. CG Technology Development LLC, No. IPR2017-00902, PTAB).
ALEXANDRIA, Va. - A Native American tribe filed a 12-count patent infringement lawsuit Oct. 18 against Amazon.com Inc. in Virginia federal court relating to six patents that had been transferred to the tribe by a computer technology company two months earlier (SRC Labs, LLC, et al. v. Amazon Web Services, Inc., et al., No. 2:17-cv-00547, E.D. Va.).
SAN FRANCISCO - It is too late in the litigation in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others to require Uber to turn over all of its source code for its self-driving vehicle technology, and a plaintiff's motion to compel Uber to turn over the source code is overly broad, a federal judge in California ruled Oct. 16 in denying the motion (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 170903).
SAN FRANCISCO - The plaintiff in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others has failed to show that discovery should be reopened for the plaintiff to determine whether Uber used the plaintiff's source code to develop its autonomous vehicle source code, Uber argues in an Oct. 12 opposition brief filed in California federal court (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).
SAN FRANCISCO - In an Oct. 4 order, the federal judge overseeing the trade secrets and patent infringement lawsuit against Uber Technologies Inc. granted plaintiff Waymo LLC's motion for a continuance and delayed the start of trial until early December (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).
BOSTON - After considering objections from both sides, a Massachusetts federal judge on Sept. 29 partially accepted and adopted and partially rejected a magistrate judge's report and recommendation in a lawsuit brought against a university and its defined-contribution plan alleging breach of fiduciary duty and prohibited transactions under the Employee Retirement Income Security Act (David B. Tracey, et al. v. Massachusetts Institute of Technology, et al., No. 1:16cv11620, D. Mass., 2017 U.S. Dist. LEXIS 161263).
SAN FRANCISCO - The issuance of protective orders over a due diligence report submitted by a nonparty specialized risk management firm in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. is not warranted because none of the parties seeking the protective orders has provided a sufficient reason to "override the public interest factor" of providing transparency in the report, a federal judge in California ruled Sept. 28 in denying the motions (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 89174).
CHICAGO - A magistrate judge in an Illinois federal court on Sept. 27 ordered a tobacco company to produce documents regarding the design of its rolling papers that are in the possession of one of its French subsidiaries in a trademark infringement countersuit after finding that French law does not entirely preempt the company making those documents available for discovery (Republic Technologies LLC, et al. v. BBK Tobacco & Foods LLP, No. 16 3401, N.D. Ill., 2017 U.S. Dist. LEXIS 158986).
CHARLOTTE, N.C. - Former Chapter 11 debtor Garlock Sealing Technologies LLC does not have to arbitrate an insurance coverage dispute with an insurer based on the plain language of the 1983 policy at issue, Garlock and affiliates argue in a Sept. 22 response to the insurer's motion to force arbitration in North Carolina federal court (Safety National Casualty Corp. v. Garlock Sealing Technologies LLC, et al., No. 3:17-cv-00458, W.D. N.C.).
CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge agreed Sept. 25 to reclassify 72 claims against the bankruptcy estate of former Chapter 11 debtor Garlock Sealing Technologies LLC from general unsecured claims to asbestos claims (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).
SAN FRANCISCO - Two former drivers with Uber Technologies Inc. argue that their putative class claims over a 2014 breach of the rideshare firm's database are supported by claims of injuries they suffered due to their personal data being exposed, asking a California federal court in a Sept. 20 brief to deny Uber's dismissal motion (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of assertions by an appellant that it created a prototype embodying a claimed invention before the priority date of a cited prior art reference was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 20 (NFC Technology LLC v. Joseph Matal, U.S. Patent and Trademark Office, No. 16-1808, Fed. Cir., 2017 U.S. App. LEXIS 18164).
ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.
ALEXANDRIA, Va. - In a Sept. 14 ruling, the Patent Trial and Appeal Board found that Westinghouse Air Brake Technologies Corp. enjoys a reasonable likelihood of proving that various claims of a patented system and method of controlling a train are unpatentable (Westinghouse Air Brake Technologies Corp. v. Siemens Industries Inc., No. IPR2017-00981, PTAB).
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.).
SAN FRANCISCO - A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).