PHILADELPHIA - A Pennsylvania federal judge on March 30 determined that a plaintiff failed to prove that the manufacturer of a table saw did not adequately warn consumers of the product's dangers or that the table saw used by the plaintiff was defective (Kenneth Wright v. Ryobi Technologies Inc., et al., No. 15-1100, E.D. Pa.; 2016 U.S. Dist. LEXIS 42003).
SHERMAN, Texas - Allegations that Samsung Electronics Co. Ltd. infringed various patents relating to image sensor technology will be amended to include Samsung's Galaxy S6 and S6 Edge products, but not the Galaxy Note 1, a Texas federal judge ruled March 30 (Imperium IP Holdings v. Samsung Electronics Co. Ltd., et al., No. 14-371, E.D. Texas.; 2016 U.S. Dist. LEXIS 41762).
AUSTIN, Texas - A patent licensing company won transfer March 28 of a declaratory judgment action to the U.S. District Court for the Eastern District of Texas, when a federal judge in the U.S. District Court for the Western District of Texas agreed that venue there was improper (Broadway National Bank v. Plano Encryption Technologies LLC, No. 15-1056, W.D. Texas.; 2016 U.S. Dist. LEXIS 40051.).
ORLANDO, Fla. - A Florida federal magistrate judge on March 21 denied a motion by a plaintiff, supported by the defendant, to seal depositions being cited in a summary judgment motion, saying the defendant presented evidence that the deposition material is confidential (Ricardo Diaz-Granados, et al. v. Wright Medical Technology, Inc., No. 14-1953, M.D. Fla., Orlando Div.; 2016 U.S. Dist. LEXIS 36082).
SAN FRANCISCO - In a March 18 reply brief supporting a motion for protective order from discovery subpoenas served on one of its employees, Lyft Inc. argues that information sought by rival Uber Technologies Inc. is irrelevant to the present class action brought against Uber by one of its former drivers over a 2014 data breach (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
CHARLOTTE, N.C. - Manufacturing conglomerate EnPro Industries Inc., the ultimate parent of Chapter 11 debtor Garlock Sealing Technologies LLC, will pay nearly $500 million to settle all asbestos claims against Garlock, EnPro and Garlock direct parent Coltec Industries Inc. in a global settlement announced March 17 that includes releases of all of Garlock's fraud and racketeering claims against several asbestos plaintiffs' law firms and attorneys.
NEW HAVEN, Conn. - A Connecticut federal judge on March 11 dismissed a consumer's class complaint alleging that manufacturers of ionization smoke detectors hid that their products didn't detect smoke from smoldering fires (Vincent Zito, et al. v. United Technologies Corporation, et al., No. 15-744, D. Conn.; 2016 U.S. Dist. LEXIS 31373).
RIVERSIDE, Calif. - In a brief filed March 10 in California federal court, the U.S. Department of Justice defends its motion to compel Apple Inc. to help the Federal Bureau of Investigation gain access to the iPhone belonging to one of the accused San Bernardino, Calif., shooters, arguing that any burden on the technology giant in terms of time and manpower would be minimal (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 10 held that a lower federal court properly found that an insurer has no duty to defend or indemnify its insured under a business/technology insurance policy's malicious prosecution clause, further affirming the lower court's conclusion that the insured's bad faith claim is not viable (Adam J. Hammond v. United States Liability Insurance Co., No. 15-1349, 3rd Cir.; 2016 U.S. App. LEXIS 4483).
ALEXANDRIA, La. - Allegations that a defendant diluted the "Next" trademark as it is used in connection with height-adjustable work tables were rejected March 7 by a Louisiana federal judge (Baker Manufacturing Company Inc. v. Next Technologies Inc., No. 15-1630, M.D. La.; 2016 U.S. Dist. LEXIS 29250).
BROOKLYN, N.Y. - One week after a federal magistrate judge denied its motion to compel Apple Inc. to assist in obtaining access to an iPhone seized during a criminal investigation, the U.S. government on March 7 appealed that ruling in New York federal court, calling its request a "routine application" that has been made of Apple "dozens of times before" and with which the technology firm has always complied (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
WASHINGTON, D.C. - In its March 7 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Apple Inc. in a lawsuit in which the technology giant was found guilty of violating the Sherman Act by conspiring with publishers to fix the prices of electronic books (e-books) (Apple Inc. v. United States of America, et al., No. 15-565, U.S. Sup.).
BRATTLEBORO, Vt. - A mechanical engineer may testify in a products liability lawsuit on the technological feasibility of incorporating flesh detection technology, a Vermont federal judge ruled March 2; however, the engineer may not offer expert testimony regarding the cost of incorporating that technology (Roger Cote v. Robert Bosch Tool Corp., No. 14-202, D. Vt.; 2016 U.S. Dist. LEXIS 27484).
LOUISVILLE, Ky. - Complaints about a plaintiff's alleged failure to disclose the existence of additional asbestos exposures involves perjury claims subject to a one-year limitations period, not fraud, a Kentucky court held in affirming dismissal March 4 (Garlock Sealing Technologies LLC v. Delores Ann Robertson, et al., No. 2013-CA-001546-MR, Ky. App.; 2016 Ky. App. Unpub. LEXIS 175).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 1 refused to review a decision by the Patent Trial and Appeal Board to institute inter partes review (IPR) on only a subset of the grounds presented in a petition (Harmonic Inc. v. Avid Technology Inc., No. 15-1072, Fed. Cir.; 2016 U.S. App. LEXIS 3727).
ATLANTA - A jury's initial inconsistent verdict and the dismissal of a recalcitrant juror during deliberations are not reasons to overturn an $11 million metal-on-metal hip implant verdict, the plaintiff told a federal court in Georgia on Feb. 26 in opposing defendant Wright Medical Technology Inc.'s motion for judgment as a matter of law (JMOL), a new trial or an amended judgment (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology, Inc., No. 13-297, N.D. Ga., Atlanta Div.).
SAN FRANCISCO - Asserting that Uber Technologies Inc. is using the discovery process in a lawsuit over a 2014 breach of its database to obtain proprietary and confidential information, Uber's competitor Lyft Inc. on Feb. 19 moved for a protective order in California federal court to prevent Uber from pursuing further discovery demands from a Lyft employee (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
WASHINGTON, D.C. - A law firm's study of asbestos personal injury claim evidence in the Chapter 11 case of Garlock Sealing Technologies LLC "shows widespread inconsistencies in the information single asbestos plaintiffs provide to the different" asbestos bankruptcy trusts, according to a Feb. 19 news release by the U.S. Chamber of Commerce's Institute for Legal Reform (ILR).