LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Call Center Operator Seeks Post-Judgment Discovery To Enforce Arbitration Award

ROCHESTER, N.Y. - After prevailing in arbitration over a contractual dispute with a former client and receiving a judgment in its favor, a call center services provider filed a motion to compel in New York federal court on Nov. 24, seeking information and testimony on the defendant's assets in an effort to enforce the judgment (Sutherland Global Services Inc. v. Adam Technologies International S.A. de C.V., No. 6:12-cv-06439, W.D. N.Y.).

Mealey's PI/Product Liability - $11M Awarded In 1st Wright Conserve Hip MDL Bellwether Trial

ATLANTA - A Georgia federal jury on Nov. 25 awarded a plaintiff $11 million - including $10 million in punitive damages - in the first Wright Medical Technology Inc. Conserver metal-on-metal multidistrict hip bellwether trial, according to plaintiff attorneys (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, Robyn Christiansen, et al. v. Wright Medical Technology Inc., et al., No. 13-297, N.D. Ga., Atlanta Div.).

Mealey's IP/Tech - Pennsylvania Federal Judge: Consent Order Violated In Patent Case

PHILADELPHIA - A patent infringement plaintiff was awarded more than $680,000 in lost profits on Nov. 23 by a Pennsylvania federal judge, based upon findings that a defendant violated the terms of a consent order already issued in the dispute (CardioNet LLC v. MedNet Healthcare Technologies Inc., et al., No. 12-2517, E.D. Pa.; 2015 U.S. Dist. LEXIS 158067).

Mealey's Litigation Procedure - Federal Judge Allows Expert To Testify On Damages Report In Bad Faith Case

DENVER - A damages expert can testify in a breach of the covenant of good faith and fair dealing lawsuit with regard to an independent sales representative agreement, a Colorado federal judge ruled Nov. 19 (Bio Med Technologies Corp. v. Sorin CRM USA, Inc. f/k/a ELA Medical, Inc., No. 14-0154, D. Colo.; 2015 U.S. Dist. LEXIS 157177).

Mealey's Bankruptcy - Garlock Disputes Fee Request Of Adviser For Asbestos Committee

CHARLOTTE, N.C. - The latest request for compensation by the financial adviser for the asbestos claimants' committee in the Chapter 11 case of Garlock Sealing Technologies LLC should be reduced by more than $104,000 because some of the adviser's work was not needed or duplicates work that was already done, Garlock contends in a Nov. 16 objection to the adviser's request for payment filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's PI/Product Liability - 1 Wright Hip Defendant Out, 1 Remains At Close Of 1st MDL Bellwether Trial

ATLANTA - One Wright Medical defendant in the first Conserve hip multidistrict litigation bellwether trial won a directed verdict on Nov. 18, but the Georgia federal judge denied the same relief to another entity, instead opting to let the case go to the jury and let the defendant fight the result in post-trial motions for judgment as a matter of law or a new trial (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, Robyn Christiansen, et al. v. Wright Medical Technology Inc., et al., No. 13-297, N.D. Ga., Atlanta Div.).

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Jury Instruction In Patent Case

WASHINGTON, D.C. - Several months after considering, en banc, myriad questions presented in a dispute over an online hosting system patent, the Federal Circuit U.S. Court of Appeals on Nov. 16 found no alternate basis to overturn a jury verdict of infringement and a corresponding damages award (Akamai Technologies Inc., et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 19848).

Mealey's IP/Tech - Federal Circuit: Rehearing Request Held In Abeyance In Patent Damages Dispute

WASHINGTON, D.C. - A request for review of a previous ruling that undid a $1.54 billion award for patent infringement will be partly held in abeyance, as the Federal Circuit U.S. Court of Appeals awaits the outcome of two cases recently granted certiorari by the U.S. Supreme Court, the Federal Circuit ruled Nov. 17 (Carnegie Mellon University v. Marvell Technology Group Ltd. et al., No. 14-1492, Fed. Cir.).

Mealey's Bankruptcy - Law Firm Counterattacks, Says Garlock Lied About Dangers Of Its Products

CHARLOTTE, N.C. - A Dallas-based asbestos plaintiffs' law firm accused by Chapter 11 debtor Garlock Sealing Technologies LLC of scheming to fraudulently induce Garlock into settling tort system cases denied the allegations and leveled its own fraud and racketeering charges against Garlock, saying in a Nov. 16 answer and counterclaim filed in North Carolina federal court that the debtor schemed with an affiliate to withhold evidence of the dangers of Garlock's products to reduce verdict and settlement amounts (Garlock Sealing Technologies LLC, et al. v. Simon Greenstone Panatier Bartlett, APLC, et al., No. 14-116, W.D. N.C.).

Mealey's IP/Tech - Federal Circuit Lacks Jurisdiction In Appeal Of Patent Board Ruling

WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board of patent invalidity will stand following a rejection Nov. 12 by the Federal Circuit U.S. Court of Appeals, of an appeal of the Board's decision to institute inter partes review (IPR) (Click-to-Call Technologies LP v. Oracle Corp. et al., No. 15-1242, Fed. Cir.; 2015 U.S. App. LEXIS 19673).

Mealey's Litigation Procedure - Class Certification Denied In Lawsuit Alleging Excessive Fees For Medical Records

NEW YORK - A New York federal judge on Nov. 9 denied a motion for class certification filed in a lawsuit accusing a medical records retrieval company of charging excessive fees in violation of state laws but noted that he would be open to certifying a narrower class (Tatyana Ruzhinskaya, et al. v. HealthPort Technologies, LLC, No. 14-2921, S.D. N.Y.; 2015 U.S. Dist. LEXIS 151816).

Mealey's PI/Product Liability - 1st Bellwether Trial Begins In Wright Conserve Hip MDL

ATLANTA - The first bellwether trial in the Wright Conserve hip multidistrict litigation got under way Nov. 10 in the U.S. District Court for the Northern District of Georgia (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, Robyn Christiansen, et al. v. Wright Medical Technology Inc., et al., No. 13-297, N.D. Ga., Atlanta Div.).

Mealey's IP/Tech - Divided Federal Circuit: Electronic Transmissions Are Not 'Articles'

WASHINGTON, D.C. - A decision by the International Trade Commission that affirmed findings by an administrative law judge (ALJ) that digital data is an "article" covered by Section 337 of the Tariff Act of 1930 was reversed and remanded Nov. 10 by a divided Federal Circuit U.S. Court of Appeals (ClearCorrect Operating LLC and ClearCorrect Pakistan [Private] Ltd. v. International Trade Commission and Align Technology Inc., No. 14-1527, Fed. Cir.).

Mealey's Litigation Procedure - Judge Bars Opinions That Are Legal Conclusions In Negligence Lawsuit

OXFORD, Miss. - In a negligence case arising out of injuries sustained from a prematurely closing automatic door, a Mississippi federal judge on Nov. 6 excluded expert opinions that amount "to nothing more than mere legal conclusions" (Mariam Bailey v. Stanley Access Technologies, Inc. and Desoto Inns, Inc., No. 14-72, N.D. Miss.; 2015 U.S. Dist. LEXIS 151101).

Mealey's Litigation Procedure - Garlock, Asbestos Committee, FCR Spar Over Document Requests, Subpoenas

CHARLOTTE, N.C. - The asbestos claimants' committee in the Chapter 11 case of Garlock Sealing Technologies LLC should be ordered to produce "nonpublic" communications its members have made with claimants about Garlock's proposed plan of reorganization so the debtor can determine whether the committee has been attempting to improperly discredit the plan, Garlock says in a Nov. 5 motion filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Garlock, Asbestos Committee, FCR Spar Over Document Requests, Subpoenas

CHARLOTTE, N.C. - The asbestos claimants' committee in the Chapter 11 case of Garlock Sealing Technologies LLC should be ordered to produce "nonpublic" communications its members have made with claimants about Garlock's proposed plan of reorganization so the debtor can determine whether the committee has been attempting to improperly discredit the plan, Garlock says in a Nov. 5 motion filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Bankruptcy Judge Denies Committee's Request For Garlock Documents

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Nov. 6 denied a request by an asbestos claimants' committee to compel Chapter 11 debtor Garlock Sealing Technologies LLC to provide certain discovery sought in the committee's first request for production of documents directed to Garlock regarding issues for the confirmation of Garlock's plan of reorganization (In re: Garlock Sealing Technologies, LLC, at al., No. 10-31607, W.D. N.C. Bkcy.).

Mealey's IP/Tech - Federal Circuit Vacates Fee Award In Patent Case

WASHINGTON, D.C. - Although an Arizona federal judge properly deemed a patent dispute exceptional, she erred in finding that a defendant was bound by an earlier stipulation regarding the amount of attorney fees it owes, the Federal Circuit U.S. Court of Appeals ruled Oct. 21 (Integrated Technology Corporation v. Rudolph Technologies Inc., No. 14-1820, Fed. Cir.; 2015 U.S. App. LEXIS 18255).

Mealey's Litigation Procedure - Magistrate Dismisses Former Uber Driver's Class Action Over Data Breach

SAN FRANCISCO - A former partner-driver of Uber Technologies Inc. failed to plead sufficient injury from the purported theft of his personally identifiable information (PII), a California federal magistrate judge ruled Oct. 19, granting Uber's motion to dismiss the putative unfair competition and failure to secure class claims against it (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.; 2015 U.S. Dist. LEXIS 141945).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Claims Of Patent Fraud

CHICAGO - Allegations that the predecessor-in-interest for two declaratory judgment defendants committed fraud before the U.S. Patent and Trademark Office (PTO) in procuring patents for an automated card shuffler were rejected on jurisdictional grounds Oct. 9 by an Illinois federal judge (Shuffle Tech International LLC, et al. v. Bally Technologies Inc., et al., No. 15-3702, N.D. Ill.; 2015 U.S. Dist. LEXIS 138741).

Mealey's IP/Tech - Supreme Court Invites Government To Weigh In On Patent Case

WASHINGTON, D.C. - In the Oct. 5 orders list, the U.S. Supreme Court invited the views of the solicitor general in a dispute that raises questions about third-party induced patent infringement and the multiple-component rule (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).

Mealey's Litigation Procedure - Magistrate Judge Orders Defendants In Securities Suit To Produce Privilege Log

NEW YORK - A federal magistrate judge in New York on Sept. 29 ordered defendants in a securities class action lawsuit to produce a privilege log containing certain information sought by the named plaintiff in the action showing why it is covered by work product privilege (In re Symbol Technologies Inc. Securities Litigation, No. 05-3923, E.D. N.Y.; 2015 U.S. Dist. LEXIS 131478).

Mealey's Securities/D&O Liability - Magistrate Judge Orders Defendants In Securities Suit To Produce Privilege Log

NEW YORK - A federal magistrate judge in New York on Sept. 29 ordered defendants in a securities class action lawsuit to produce a privilege log containing certain information sought by the named plaintiff in the action showing why it is covered by work product privilege (In re Symbol Technologies Inc. Securities Litigation, No. 05-3923, E.D. N.Y.; 2015 U.S. Dist. LEXIS 131478).

Mealey's IP/Tech - Federal Circuit: Dispute Over Patent Notices Belongs In State Court

WASHINGTON, D.C. - A complaint by the State of Vermont alleging violations of the Vermont Consumer Protection Act (VCPA) in connection with letters sent by one defendant corporation to other corporations alleging patent infringement should not have been removed to federal court, the Federal Circuit U.S. Court of Appeals ruled Sept. 28 (State of Vermont v. MPHJ Technology Investments LLC, No. 15-1310, Fed. Cir.; 2015 U.S. App. LEXIS 17060).

Mealey's Litigation Procedure - Some Plan Negotiations In Garlock Case Will Remain Confidential, Judge Says

CHARLOTTE, N.C. - Negotiations conducted after Jan. 16 between asbestos claimants and Chapter 11 debtor Garlock Sealing Technologies LLC on a plan of reorganization for the debtor will be kept confidential and out of the reach of discovery in the plan confirmation process based on a stipulation between the parties, a North Carolina federal bankruptcy ruled Sept. 23 (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).