LexisNexis® Legal Newsroom
Mealey's IP/Tech - 5th Circuit Vacates Injunction, Overturns $340 Million Antitrust Award

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).

Mealey's IP/Tech - Patent Board Grants Los Angeles Transportation Authority Petition

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).

Mealey's IP/Tech - Massachusetts Federal Judge Dismisses Contributory Patent Infringement Claims

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).

Mealey's IP/Tech - Federal Circuit Denies Mandamus In Discovery Dispute Over Movie Technology Patents

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).

Mealey's IP/Tech - Federal Circuit Says Board Properly Deemed Patent Obvious, Anticipated

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.).

Mealey's Litigation Procedure - Federal Circuit Denies Mandamus In Discovery Dispute Over Movie Technology Patents

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).

Mealey's IP/Tech - Federal Circuit Affirms Patent Obviousness Holding By Board

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in concluding that it would have been obvious for a person of ordinary skill in the art to store information and data in separate memories when maintaining the information during a loss in power, the Federal Circuit U.S. Court of Appeals ruled Nov. 15 in a dispute over patented radio frequency identification (RFID) tags (Intermec Technologies Corp., et al. v. Alien Technology LLC, No. 15-1808, Fed. Cir.).

Mealey's Litigation Procedure - Judge Confirms $3.2M Award, Finds Company Cannot Withhold Taxes

NEW YORK - A New York federal judge on Nov. 3 granted an English company's petition to confirm a $3.2 million arbitral award plus interest issued in its favor in relation to a patent license agreement dispute, finding that the respondent was not entitled to deduct amounts from the award to satisfy Taiwanese tax laws (Mondis Technology Ltd. v. Wistron Corporation, No. 15-CV-02340, S.D. N.Y.; 2016 U.S. Dist. LEXIS 152785).

Mealey's PI/Product Liability - Wright Metal-On-Metal Hip Revision Cases Settled For $240M, Parties Announce

Wright Medical Technology Inc. and plaintiff attorneys on Nov. 2 announced a $240 million opt-in master settlement agreement for 1,292 state and federal court metal-on-metal hip revision claims.

Mealey's Litigation Procedure - U.S. Government Opposes Preservation Order For Official's Private Email

WASHINGTON, D.C. - The U.S. government on Oct. 31 opposed a liberty advocacy organization's motion to compel an officer of the Office of Science and Technology Policy (OSTP) to preserve emails in his private email account in accord with a Freedom of Information Act (FOIA) request, telling a District of Columbia federal court that the group has not met its burden to demonstrate the preservation order's necessity (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 1:14-cv-00765, D. D.C.).

Mealey's IP/Tech - Michigan Federal Judge Sides With Defendant, Says Process Does Not Infringe

DETROIT - Allegations that a former licensee infringed a patented method and apparatus for micro-treating steel by continuing to use the technology after its license expired were rejected by a Michigan federal judge on Oct. 31 (SFP Works LLC v. Buffalo Armory LLC, No. 14-13575, E.D. Mich.; 2016 U.S. Dist. LEXIS 150112).

Mealey's Toxic Tort/Environmental - Legislator Questions EPA's Ability To Assess Glyphosate Based On 'Sound Science'

WASHINGTON, D.C. - The chairman of the House Committee on Science, Space and Technology wrote a letter to the administrator of the U.S. Environmental Protection Agency on Oct. 25 stating that the committee has obtained information that "appears to contradict" the administrator's responses to questions the committee posed regarding the EPA's oversight of the herbicide glyphosate. In the letter, the chairman indicates that in light of the contradictions, the EPA's decision to delay official review of glyphosate does not "instill confidence that EPA will fairly assess glyphosate based on sound science."

Mealey's IP/Tech - Federal Circuit Reaffirms: No Review Of Patent Board Reconsideration Decisions

WASHINGTON, D.C. - Nothing in the recent U.S. Supreme Court decision in Cuozzo Speed Technologies, LLC v. Lee (136 S. Ct. 2131 [2016]) alters a 2015 conclusion by the Federal Circuit U.S. Court of Appeals that a determination by the Patent Trial and Appeal Board to discontinue inter partes review (IPR) is not reviewable on appeal under 35 U.S. Code Section 314(d), the Federal Circuit ruled Oct. 20, denying a petition for rehearing (Medtronic Inc. v. Robert Bosch Healthcare Systems Inc., Nos. 15-1977, -1986, -1987, Fed. Cir.; 2016 U.S. App. LEXIS 18855).

Mealey's Litigation Procedure - Michigan Federal Judge Bars Damages Experts' Opinions In Patent Infringement Suit

DETROIT - In a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Oct. 14 that damages experts failed to present a reliable methodology for a conjoint study to assist a jury in determining what portion of Garmin International Inc.'s profits could be attributed to the incremental value that the four patented features added to the overall value of the accused devices (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 142395).

Mealey's IP/Tech - Federal Circuit: Claim Construction, Infringement Findings Not Erroneous

WASHINGTON, D.C. - A Massachusetts federal judge properly construed various disputed terms of two patents relating to three-dimensional scaffolding for growing cells in vitro to produce organ tissue, the Federal Circuit U.S. Court of Appeals ruled Oct. 13 (Massachusetts Institute of Technology, et al. v. Shire Pharmaceuticals Inc., et. al., No. 15-1881, Fed. Cir.; 2016 U.S. App. LEXIS 18426).

Mealey's Litigation Procedure - Investor Failed To Plead Elements Of Federal Securities Law Claims, Judge Rules

SAN JOSE, Calif. - A federal judge in California on Oct. 12 granted several motions to dismiss filed by defendants in a securities class action lawsuit against a semiconductor producer and certain of its current and former executive officers, ruling that the lead plaintiff in the action failed to plead the elements of its securities fraud claims as required (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif.; 2016 U.S. Dist. LEXIS 141567).

Mealey's Securities/D&O Liability - Investor Failed To Plead Elements Of Federal Securities Law Claims, Judge Rules

SAN JOSE, Calif. - A federal judge in California on Oct. 12 granted several motions to dismiss filed by defendants in a securities class action lawsuit against a semiconductor producer and certain of its current and former executive officers, ruling that the lead plaintiff in the action failed to plead the elements of its securities fraud claims as required (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif.; 2016 U.S. Dist. LEXIS 141567).

Mealey's IP/Tech - Federal Circuit Affirms Infringement Ruling In Apple, Samsung Patent Suit

WASHINGTON, D.C. - In an Oct. 7 en banc majority opinion, the Federal Circuit U.S. Court of Appeals affirmed a trial court's judgment and a jury verdict in favor of Apple Inc. against Samsung Electronics Co. in a dispute over smartphone technology patents, vacating an earlier panel ruling that had reversed the lower court's ruling (Apple Inc. v. Samsung Electronics Co., Ltd., et al., Nos. 2015-1171, 2015-1195 and 2015-1994, Fed. Cir.; 2016 U.S. App. LEXIS 18225).

Mealey's Insurance - Judge Says Motion To Disqualify Counsel Was A Waste Of Time

NEW YORK - A federal judge in New York on Oct. 3 denied two alleged judgment creditors' motion to disqualify opposing counsel in a case where the alleged judgment creditors are asking the court to order payment of the confirmation of a reinsurance arbitration award (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.).

Mealey's Litigation Procedure - Federal Circuit: Discovery Sanctions In Patent Case Were Abuse Of Discretion

WASHINGTON, D.C. - A Pennsylvania federal judge abused his discretion when striking a patent infringement defendant's answer and counterclaims as a sanction for failure to comply with two discovery orders, the Federal Circuit U.S. Court of Appeals ruled Sept. 29 (Drone Technologies Inc. v. Parrot S.A., et al., Nos. 15-1892, -1955, Fed. Cir.; 2016 U.S. App. LEXIS 17643).

Mealey's IP/Tech - Federal Circuit: Discovery Sanctions In Patent Case Were Abuse Of Discretion

WASHINGTON, D.C. - A Pennsylvania federal judge abused his discretion when striking a patent infringement defendant's answer and counterclaims as a sanction for failure to comply with two discovery orders, the Federal Circuit U.S. Court of Appeals ruled Sept. 29 (Drone Technologies Inc. v. Parrot S.A., et al., Nos. 15-1892, -1955, Fed. Cir.; 2016 U.S. App. LEXIS 17643).

Mealey's Litigation Procedure - Judge: New Discovered Evidence In Securities Suit Was Publicly Available

PHILADELPHIA - A federal judge in Pennsylvania on Sept. 19 denied an investor's motion for relief from a previous dismissal order, ruling that the investor's newly discovered evidence was in fact available to the public months before the initial complaint in the action was filed (Steven P. Messner v. USA Technologies Inc., et al., No. 15-5427, E.D. Pa.; 2016 U.S. Dist. LEXIS 127041).

Mealey's Securities/D&O Liability - Judge: New Discovered Evidence In Securities Suit Was Publicly Available

PHILADELPHIA - A federal judge in Pennsylvania on Sept. 19 denied an investor's motion for relief from a previous dismissal order, ruling that the investor's newly discovered evidence was in fact available to the public months before the initial complaint in the action was filed (Steven P. Messner v. USA Technologies Inc., et al., No. 15-5427, E.D. Pa.; 2016 U.S. Dist. LEXIS 127041).

Mealey's Insurance - Insurance Servicer Says Court Lacks Say Over Reinsurance Arbitration Award Case

NEW YORK - An insurance services company sued for allegedly not honoring a reinsurance arbitration award told a federal court in New York on Sept. 19 that the court does not hold jurisdiction over the dispute (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.).

Mealey's IP/Tech - Microsoft's Petition For Inter Partes Review Granted By Patent Board

ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Sept. 14 revealed that it will review a patent covering teleconference technology, at the request of Microsoft Corp. (Microsoft Corp. v. Keith A. Raniere, No. IPR2016-00663, PTAB).