CORPUS CHRISTI, Texas - Finding no error in the admission of a medical examiner's testimony based on reliable evidence, a Texas appeals panel on Feb. 9 affirmed a woman's conviction for injury to a child causing bodily injury (Smita Chakravarthy v. The State of Texas, No. 13-14-00086-CR, Texas App., 13th Dist., 2017 Tex. App. LEXIS 1114).
DALLAS - A Texas federal judge on Feb. 8 denied motions for summary judgment in consolidated cases filed by the U.S. Chamber of Commerce (COC) and other groups opposed to the U.S. Department of Labor's (DOL) new "fiduciary rule" set to take effect April 10, saying that the DOL has not exceeded its authority and that the new rule does not violate the Employee Retirement Income Security Act (Chamber of Commerce of the United States of America, et al. v. Edward Hugler, Acting Secretary of Labor, et al., No. 3:16-cv-1476, consolidated with 3:16-cv-1530, 3:16-cv-1537, N.D. Texas; 2017 U.S. Dist. LEXIS 17619).
MARSHALL, Texas - Findings by a Texas federal magistrate judge that Mylan Institutional LLC and Apicore US LLC (Mylan, collectively) are entitled to a preliminary injunction barring competitors from making and selling generic isosulfan blue were adopted in full Feb. 7 by a Texas federal judge (Mylan Institutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd., et al., No. 16-491, E.D. Texas, 2017 U.S. Dist. LEXIS 16797).
HOUSTON - In a strict products liability lawsuit, a Texas federal judge on Feb. 7 declined to exclude testimonies from fire investigators because the expert opinions rely on acceptable methodology (Harris Caprock Communications Inc. v. Trippe Manufacturing Co. d/b/a Tripp Lite d/b/a Tripp Lite Holdings Inc., No. 15-0130, S.D. Texas, 2017 U.S. Dist. LEXIS 16857).
SAN ANTONIO - An insured has shown that a claims adjuster and its employee violated provisions of the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) and, thus, that those defendants were properly joined in an insurance breach of contract and bad faith lawsuit, a federal judge in Texas ruled Jan. 31 in granting an insured's motion to remand the action to state court (Kris Hospitality LLC, d/b/a Days Inn, v. Tri-State Insurance Co. of Minnesota, et al., No. 16-1229, W.D. Texas, 2017 U.S. Dist. LEXIS 13532).
DALLAS - A Texas federal jury on Feb. 1 ordered four defendants - including Facebook Inc. - to pay a combined $500 million in actual damages to two virtual reality (VR) technology companies for copyright and trademark infringement, conversion, violations of a nondisclosure agreement and false designation (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div.).
WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded Jan. 26 (Securus Technologies Inc. v. Global Tel*Link Corporation, Nos. 16-1470, -1506, Fed. Cir.; 2017 U.S. App. LEXIS 1376).
DALLAS - In a disability discrimination suit, a Texas federal judge on Jan. 24 excluded an expert's opinion that "audism and phonocentric views may have prevented accommodations" from being made to two women (Equal Employment Opportunity Commission v. S&B Industry Inc. d/b/a Fox Conn S&B, No. 15-0641, N.D. Texas; 2017 U.S. Dist. LEXIS 9259).
HOUSTON - Each issue of a daily newsletter constitutes a single work, and an annual subscription does not constitute a compilation under the Copyright Act, a Texas federal judge ruled Jan. 24 (Energy Intelligence Group Inc. v. Kayne Anderson Capital Advisors LP and KA Fund Advisors LP, No. 14-1903, S.D. Texas; 2017 U.S. Dist. LEXIS 9426).
MARSHALL, Texas - Weeks after it was awarded $17.4 million as a reasonable royalty on willful patent infringement by Smith & Nephew Inc. and Arthrocare Corp. (Smith & Nephew, collectively), Arthrex Inc. was denied an award of attorney fees by a Texas federal magistrate judge on Jan. 25 (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 15-1047, E.D. Texas; 2017 U.S. Dist. LEXIS 10141).
WASHINGTON, D.C. - A Texas federal judge did not abuse his discretion in finding that the owner of a patented mechanism for filling water balloons was likely to succeed on its claim that a competitor committed patent infringement, the Federal Circuit U.S. Court of Appeals ruled Jan. 24 (Tinnus Enterprises LLC v. Telebrands Corporation, No. 16-1410, Fed. Cir.).
WASHINGTON, D.C. - A Texas federal judge's summary judgment that a defendant did not infringe a patented process for producing the antioxidant coenzyme CoQ10 was reversed and remanded Jan. 23 by the Federal Circuit U.S. Court of Appeals (Zhejiang Medicine Co. Ltd. and ZMC-USA LLC v. Kaneka Corp., No. 16-1390, Fed. Cir.).
DALLAS - A Texas federal judge on Jan. 13 dismissed claims alleging gender identity discrimination under Section 1557 of the Patient Protection and Affordable Care Act (ACA) against an insurer and an employer because the plaintiff failed to cite any controlling precedent that recognizes a cause of action under Section 1557 for gender identity discrimination (Charlize Marie Baker v. Aetna Life Insurance Co., et al., No. 15-3679, N.D. Texas; 2017 U.S. Dist. LEXIS 5665).
ALEXANDRIA, Va. - Allegations by Volkswagen of America Inc. that a patented audio device integration system would have been obvious to one of ordinary skill in the art were rejected Jan. 13 by the Patent Trial and Appeal Board (Volkswagen of America Inc. v. Blitzsafe Texas LLC, No. IPR2016-01448, PTAB).
HOUSTON - Although granting Viacom International Inc. summary judgment on allegations that a proposed "The Krusty Krab" restaurant would represent trademark infringement, a Texas federal judge on Jan. 11 denied Viacom's request as it relates to trademark dilution (Viacom International Inc. v. IJR Capital Investments LLC, No. 16-257, S.D. Texas.; 2017 U.S. Dist. LEXIS 3948).
SAN ANTONIO - A couple's lawsuit claiming that Volkswagen Group of America Inc. and a local car dealer misrepresented a vehicle's emissions and fuel efficiency should be remanded to state court, a federal judge in Texas ruled Jan. 10, finding that the plaintiffs do not allege that the manufacturer violated the Clean Air Act (CAA) (David L. Bullerwell, et al. v. Volkswagen Group of America Inc., et al., No. SA-16-CV-1199-XR, W.D. Texas; 2017 U.S. Dist. LEXIS 3648).
NEW ORLEANS - In a Jan. 11 ruling, the Fifth Circuit U.S. Court of Appeals upheld a Texas federal judge's determination that a state law claim of unfair competition by misappropriation - levied in connection with allegations of stolen instructional drawings - is preempted by the Copyright Act (Ultraflo Corporation v. Pelican Worldwide, et al., No. 15-20084, 5th Cir.; 2017 U.S. App. LEXIS 509).
MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology "appears sound" (Alfonso Cioffi, et al. v. Google Inc., No. 13-103, E.D. Texas; 2017 U.S. Dist. LEXIS 2614).
HOUSTON - The U.S. Supreme Court's decision in Tyson Foods, Inc. v. Bouaphakeo (136 S. Ct. 1036 ) - a Fair Labor Standards Act case in which the high court, in its decision approving of the plaintiffs' reliance on representative evidence to satisfy the procedural requirements for class certification, expressly stated that it was not establishing any broad or categorical rules concerning the use of "representative evidence" in class cases - has no effect on a racial discrimination suit filed by the Equal Employment Opportunity Commission against Bass Pro Outdoor World LLC, a Texas federal judge ruled Dec. 28 (Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas; 2016 U.S. Dist. LEXIS 179403).
HOUSTON - Fees awarded under Section 82.002(g) of the Texas Civil Practice and Remedies Code are not "damages" covered by a commercial general liability insurance policy, a Texas federal judge ruled Dec. 30, finding that the ruling in Hollybrook Cottonseed Processing, L.L.C. v. Am. Guarantee & Liab. Ins. Co. (772 F.3d 1031 [5th Cir. 2014]) does not affect that conclusion (Mid-Continent Casualty Co. v. Petroleum Solutions, Inc., et al., No. 09-0422, S.D. Texas; 2016 U.S. Dist. LEXIS 180539).