SHERMAN, Texas - The CEO of a company suing for infringement of its patent may not testify regarding the legal issue of infringement or the calculation of damages, a Texas federal judge ruled Jan. 6, striking the CEO's testimony (Motio Inc. v. BSP Software LLC, et al., No. 12-647, E.D. Texas; 2016 U.S. Dist. LEXIS 901).
DALLAS - A Texas compounding pharmacy on Jan. 4 entered into consent decree of permanent injunction after the Food and Drug Administration on the same day asked a Texas federal court to enjoin Downing Labs LLC and its principals from selling adulterated drugs (United States of America v. Downing Labs, LLC., et al., No. 16-3, N.D. Texas, Dallas Div.).
DALLAS - A Texas appeals panel on Dec. 16 found that $1.6 million in mental anguish damages awarded to a couple complaining of defects in their "dream home" should be reduced because the amount exceeded statutory and due process guidelines (Bishop Abbey Homes Ltd., et al. v. Bryon Hale, et al., No. 05-14-01137-CV, Texas App., 5th Dist.; 2015 Texas App. LEXIS 12708).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 15 affirmed a federal judge in Texas' findings when sentencing and determining the amount of restitution two men found guilty of health care fraud and aggravated identity theft must pay, holding that the evidence presented at trial supported the convictions (United States of America v. Reginald Guy, et al., No. 14-11262, 5th Cir.; 2015 U.S. App. LEXIS 21901).
DALLAS - A widow uses "time travel" to import an employer's current knowledge to past conduct and wildly inflates risk in a failed attempt to "dress up" a negligence claim as one for gross negligence, The Goodyear Tire & Rubber Co. told a Texas court on Dec. 11 (The Goodyear Tire & Rubber Co. v. Vicki Lynn Rogers, et al., No. 05-15-00001-CV, Texas App., 5th Dist.).
NEW ORLEANS - A Texas federal judge properly affirmed a decision by an Employee Retirement Income Security Act (ERISA) plan administrator to deny a widow benefits in connection with her late husband's fatal fall, the Fifth Circuit U.S. Court of Appeals ruled Dec. 11 (Judy Hagen v. Aetna Life Insurance Company, et al., No. 15-40597, 5th Cir.; 2015 U.S. App. LEXIS 21460).
SHERMAN, Texas - A federal judge in Texas on Dec. 10 granted an insurer's motion for summary judgment, accepting a federal magistrate judge's report and recommendation that stated that an insured failed to plead any of his claims except for breach of contract in an insurance bad faith lawsuit (Carlos Paz v. State Farm Lloyds, No. 14-693, E.D. Texas; 2015 U.S. Dist. LEXIS 165144).
SHERMAN, Texas - Citing the existence of material fact issues, a Texas federal judge on Dec. 11 denied a request for summary judgment by three patent infringement defendants (Motio Inc. v. BSP Software LLC et al., No. 12-647, E.D. Texas; 2015 U.S. Dist. LEXIS 165941).
MARSHALL, Texas - A noninfringement expert may not offer any testimony at trial that relies on a purported plain and ordinary meaning of "single memory location," "processor" or "processor connected to said data bus" in a patent infringement lawsuit, a Texas federal magistrate judge ruled Dec. 8 (ZiiLabs Inc. v. Samsung Electronics Co. Ltd., et al., No. 14-203, E.D. Texas; 2015 U.S. Dist. LEXIS 164442).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 11 rejected Texas insureds' argument that fact issues exist regarding their contractual and extracontractual claims in a hailstorm coverage dispute, affirming a lower court's ruling in favor of the insurer (Vincent Stagliano And Peggy Stagliano v. Cincinnati Insurance Co., et al., No. 15-10137, 5th Cir.).
HOUSTON - A federal judge in Texas on Dec. 7 granted a shareholder's motion for appointment as lead plaintiff, ruling that it has shown that it has the largest financial interest in the litigation and has met all statutory requirements for appointment (In re Plains All American Pipeline L.P. Securities Litigation, No. 15-2404, S.D. Texas; 2015 U.S. Dist. LEXIS 163811).
SHERMAN, Texas - A Texas federal judge on Dec. 9 granted summary judgment in favor of a bank, finding that it had the authority to foreclose on a property (Prestonwood Trust v. Bank of America, N.A., No. 4:14-CV-806, E.D. Texas; 2015 U.S. Dist. LEXIS 164638).
MARSHALL, Texas - A request by Samsung Electronics Co. (SEC) Ltd. and several subsidiaries for a summary judgment ruling of no willful infringement should be denied, a Texas federal magistrate judge recommended Dec. 8 (ZiiLabs Inc. v. Samsung Electronics Co. Ltd., et al., No. 14-203, E.D. Texas).
WASHINGTON, D.C. - A Texas federal judge's decision to award a patent owner more than $16 million in damages for infringement by CiscoSystems Inc. was vacated Dec. 3 by the Federal Circuit U.S. Court of Appeals (Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems Inc., No. 15-1066, Fed. Cir.).
AUSTIN, Texas - In response to four questions certified from the Fifth Circuit U.S. Court of Appeals, the Texas Supreme Court on Dec. 4 found that the terms "physical injury" and "replacement" are not ambiguous as incorporated into the "your product" or "impaired property" exclusions of a commercial general liability insurance policy and the installation of faulty flanges alone did not physically injure diesel units in a coverage dispute arising from the defective flanges (U.S. Metals, Incorporated v. Liberty Mutual Group, Incorporated, et al., No. 14-0753, Texas Sup.).
NEW ORLEANS - A federal judge in Texas did not err when delivering a divided jury with an instruction pursuant to Allen v. United States (164 U.S. 492 ) that allowed them to forgo their differences and come to a unanimous decision, a Fifth Circuit U.S. Court of Appeals panel ruled Dec. 3 in affirming a verdict finding the defendant guilty of one count of health care fraud (United States of America v. Ebolose Eghobor, R.N., No. 14-11354, 5th Cir.).
MARSHALL, Texas - An umbrella insurer on Dec. 4 filed a notice of appeal to the Fifth Circuit U.S. Court of Appeals, seeking review of a Texas federal judge's finding that it owes more than $2 million in attorney fees and costs to another insurer to cover defense costs incurred in defending an insured in underlying asbestos suits (LSG Technologies Inc., et al. v. U.S. Fire Insurance Co., No. 07-399, S.D. Texas).
FORT WORTH, Texas - A Texas federal judge on Nov. 30 granted a bank's motion for summary judgment on claims asserted by a land trust for quiet title and injunctive relief to prevent foreclosure, finding that the bank held the note and that the trust was subject to a lien (Saddle Blanket 1316 Land Trust v. The Bank of New York Mellon, F/K/A The Bank of New York, as Trustee For The Certificateholders of Cwalt, Inc. Alternative Loan Trust 2006-31cb Mortgage Pass-Through Certificates, Series 2006-31cb, No. 4:15-CV-401, N.D. Texas; 2015 U.S. Dist. LEXIS 160363).
AUSTIN, Texas - Allegations by a former Texas State University at San Marcos student that the school acted negligently in connection with a slip-and-fall accident should have been dismissed on jurisdiction grounds, the Third District Texas Court of Appeals ruled Nov. 24 (Board of Regents, Texas State University System, et al. v. Stephanie Paige Steinbach, No. 03-14-00326, Texas App., 3rd Dist.; 2015 Tex. App. LEXIS 11995).
SHERMAN, Texas - An expert based upon his experience within the construction industry may testify with regard to the damage an insured's roof experienced following a wind and hail storm, a Texas federal judge ruled Nov. 23, finding that the expert's testimony is reliable (Kim Gill v. State Farm Lloyds, No. 14-781, E.D. Texas; 2015 U.S. Dist. LEXIS 158070).