BOSTON - A sales representative on May 12 pleaded guilty in the U.S. District Court for the District of Massachusetts to criminally obstructing a federal health care fraud investigation into kickbacks paid to medical professionals in exchange for prescribing a medical device and prescription drugs, according to a press release from the U.S. Attorney's Office (United States of America v. Terrence Kyle Tackett, No. 15-cr-10121, D. Mass.).
WASHINGTON, D.C. - Arguments by two patent plaintiffs that a New Jersey federal judge erroneously construed various disputed terms in a hip implant socket assembly patent were rejected May 12 by the Federal Circuit U.S. Court of Appeals (Howmedica Osteonics Corp., et al. v. Zimmer Inc., et al., Nos. 15-1232, -1234, -1239, Fed. Cir.; 2016 U.S. App. LEXIS 8701).
WILMINGTON, Del. - A federal jury in Delaware on May 12 found that Cisco Systems Inc. willfully infringed two patents related to network security and surveillance, awarding the plaintiff $23.7 million in "reasonable royalty" damages, while also deeming the patents in suit to be valid (SRI International Inc. v. Cisco Systems Inc., No. 1:13-cv-01534, D. Del.).
CAMBRIDGE, Mass. - Aegerion Pharmaceuticals Inc. on May 12 said in a press release that it will plead guilty to federal misdemeanor violations and pay about $40 million to settle investigations by the U.S. Department of Justice and the Securities and Exchange Commission into its sales activities related to the marketing of its cholesterol drug Juxtapid.
PIKEVILLE, Ky. - A Kentucky state court judge on May 11 granted a motion by a the Boston Globe newspaper to unseal discovery from the state's lawsuit against Purdue Pharma L.P., the maker of OxyContin brand oxycodone (Commonwealth of Kentucky, et al. v. Purdue Pharma, L.P., et al., No. 07-CI-1303, Ky. Cir., Pike Co.).
SAN JOSE, Calif. - In a May 9 motion in California federal court, Facebook Inc. seeks to dismiss trade secrets and unfair competition claims against it related to its development of data centers, asserting that the defendants did not make reasonable efforts to protect their purported trade secrets and that they did not sufficiently allege damages or consumer-based unfair actions (BladeRoom Group Limited, et al. v. Facebook Inc., et al., No. 5:15-cv-01370, N.D. Calif.).
NEW YORK - Dismissal of claims in a securities class action lawsuit against Weight Watchers International Inc., certain of its former executive officers and others is proper because lead plaintiffs in the action failed to properly state a claim for relief in making their federal securities law claims, a federal judge in New York ruled May 11 (In re Weight Watchers International Inc. Securities Litigation, No. 14-1997, S.D. N.Y.; 2016 U.S. Dist. LEXIS 62456).
SAN FRANCISCO - A California federal judge on May 9 determined that insurers must post a bond of $1.5 million, plus prejudgment interest, in a coverage dispute with Chapter 11 debtor The Flintkote Co. (The Flintkote Company v. Aviva PLC, No. 15-cv-01638, N.D. Calif.; 2016 U.S. Dist. LEXIS 61366).
HARRISBURG, Pa. - A Pennsylvania federal judge on May 11 denied motions to dismiss claims brought by ice cream chain employees alleging violations of the Federal Labor Standards Act (FLSA) and state labor and wage laws (Tisha Reed, et al. v. Friendly's Ice Cream LLC, et al., No. 15-CV-0298, M.D. Pa.; 2016 U.S. Dist. LEXIS 62197).
SACRAMENTO, Calif. - The California Supreme Court on May 11 declined to publish a lower court opinion crediting an expert's opinion as the basis for reversing summary judgment, according to the docket (Betty O'Leary v. Dillingham Construction N.A. Inc., No. S232878, Calif. Sup.).
SAN FRANCISCO - A California appeals court panel on May 9 reversed a trial court order striking class action allegations from a complaint filed against wireless telephone carriers alleging violations of the California unfair competition law (UCL) (Angela Rel, et al. v. Pacific Bell Mobile Services, et al., No. A144349, Calif. App., 1st Dist., Div. 5; 2016 Cal. App. Unpub. LEXIS 3364).
ALEXANDRIA, Va. - Seven claims of a patent that discloses a system that provides a personalized messaging advertisement service by using information stored in a smart card were erroneously rejected as anticipated, the Patent Trial and Appeal Board ruled May 11 (Ex parte Seung Hwan Kim, Appeal No. 2013-009202, PTAB).
ALEXANDRIA, Va. - In a final written decision issued May 11, the Patent Trial and Appeal Board (PTAB) deemed 14 claims of a patent directed to a virtual database invalid under 35 U.S. Code Section 103 (Actifio Inc. v. Delphix Corp., No. IPR2015-00100, PTAB).
LOS ANGELES - A federal magistrate judge in California on May 10 dismissed a lawsuit brought by a resident who contended that the local electric company was liable for poisoning the drinking water, ruling that the complaint "cannot possibly win relief" (Shah Bains v. Pacific Gas & Electric Company, No. 16-823, C.D. Calif.; 2016 U.S. Dist. LEXIS 61890).
WASHINGTON D.C. - The United States of America on May 9 asked the District of Columbia federal court to dismiss it from a concussion suit brought by a former college athlete because the plaintiff's claim against the government is barred by the Federal Tort Claims Act's (FTCA) two-year statute of limitations (Jennifer Bradley v. NCAA, et al., No. 1:16-CV-00346RBW, D. D.C.).
HARRISBURG, Pa. - The hydraulic fracturing company and its affiliates being sued by residents who allege that the companies contaminated the groundwater in their Pennsylvania town on May 10 filed a brief arguing that a settlement between the parties should be enforced (Tammy Manning, et al. v. WPX Energy Appalachia LLC, No. 12-0646, M.D. Pa.).
MINNEAPOLIS - Three nonparties in a patent infringement action won relief from a contempt order on May 10, when a Minnesota federal judge found that the trio did not have actual notice of an earlier order granting injunctive relief and subsequent $5,000-per-day sanction for violations of the injunction (Core Distribution Inc. v. Xtreme Power USA Inc., No. 15-1547, D. Minn.; 2016 U.S. Dist. LEXIS 62128).
RALEIGH, N.C. - The owner and operator of a Shanghai, China-based manufacturing plant where allegedly infringing pipe-coupling devices are produced won dismissal from the lawsuit on May 9, when a North Carolina federal judge found jurisdiction lacking (Krausz Industries Ltd. v. Smith-Blair Inc., et al., No. 12-570, E.D. N.C.; 2016 U.S. Dist. LEXIS 61079).
ALEXANDRIA, Va. - A petition for covered business method (CBM) review of a patent directed to the aggregation of content from multiple providers, which is then repackaged and redistributed, was granted by the Patent Trial and Appeal Board (PTAB) on May 9 (iHeartMedia Inc. v. Impulse Radio LLC, No. CBM2016-00010, PTAB).
NEW YORK - A defendant's "highly interactive" website, coupled with the fact that she conducted seminars and engaged in marketing activities in New York, are sufficient to establish jurisdiction in the state, a New York federal judge ruled May 10, denying a motion to dismiss a lawsuit over alleged infringement of the "Brainspotting" trademark (David Grand v. Lisa Schwarz, No. 1:15-cv-08779, S.D. N.Y.; 2016 U.S. Dist. LEXIS 61606).
PHILADELPHIA - A defense motion for summary judgment was granted May 10 by a Pennsylvania federal judge, who found that "no reasonable factfinder could find" in favor of a plaintiff on its allegations that "Park's Finest" frankfurters infringe the "Parks" trademark as applied to breakfast and dinner sausages (Parks LLC v. Tyson Foods Inc., et al., No. 15-946, E.D. Pa.; 2016 U.S. Dist. LEXIS 61510).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 10 announced that it will hold a hearing on jurisdiction and the merits in a case in which Eli Lilly & Co. assert that the government of Canada breached the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).
NEW YORK - A New York justice on May 10 granted the state's superintendent of financial services' request to place a health insurer into liquidation and appoint the superintendent as liquidator (In the Matter of the Application of Maria T. Vullo, Acting Superintendent of Financial Services of the State of New York, for an order to take possession of the property of and liquidate the business and affairs of Health Republic Insurance of New York, Corp., No. 450500/2016, N.Y. Sup., New York Co.).