Legal Radar

Ethicon Vaginal Mesh Suits to Proceed in Court

A federal court looking to into numerous vaginal mesh suits against Ethicon, Inc., owned by Johnson & Johnson, is getting ready to resume with the second bellweather trial case, expected to be underway in the following month.

Based on the Amended Docket Control Order made in the U.S. District Court, a pre-trial conference is scheduled on August 7^th.

Bernstein Liebhard LLP, a national law firm representing defective drugs and medical device victims, announced they’ll represent the women who are pursuing suits against Ethicon and other manufacturers.

The firm is presently offering free legal analysis to women who allegedly suffered mesh erosions, infection, pain, scarring, and other serious injuries after surgically implanting the mesh for pelvic organ prolapse or urinary incontinence treatment.

Close to 20,000 vaginal mesh suits have been filed against Ethicon, Inc. and Johnson & Johnson. They claim that pelvic mesh products from Ethicon were defectively produced and designed, leading recipients to suffer vaginal and other health-related complications.

Court Ruling in Favor of LPKP in Patent Infringement Case

LPKF, a specialized mechanical engineering firm, and AG, an electronics company, announced that the Mannheim Regional Court favored LPKF in the latest ruling against Motorola in a legal battle regarding patent infringement.

LPKF gained a preliminary victory in a legal battle concerning patent infringement for LDS (Laser Direct Structuring).

On July 8^th of this year, the Manheim Regional Court demanded Motorola Mobility and Motorola Deutschland to stop selling mobile phones in Germany that infringe the patent and asked Motorola Deutschland to recall all its patent infringed mobile phones from commercial buyers.

Furthermore, the court determined that bother parties should pay for compensation. An appeal may be made on the judgment.

The LDS methods patented by LPKF is increasingly utilized to make antennas for mobile phones or tablet PCs.

Last year, the patent was deemed invalid in China. LPKP consequently handed an application to re-open proceedings, which China’s Supreme Court took in for review. In addition, LPKF is taking action against mobile phone manufacturers carrying forged LDS materials and circulating them outside China.

 

PAID Announces Stay of Lawsuit with eBay

PAID Inc. made a recent announcement of agreeing with eBay Inc. on a joint request stay of the district litigation that PAID started against eBay, pending the finalization of petitions on a business process review submitted by eBay. Both firms agreed that such resolution on certain issues brought up in the covered business process petitions will assimilate the litigation.

Last December, PAID filed a complaint against eBay at the U.S. District Court in the District of Massachusetts, alleging eBay of infringement on PAID’s specific U.S. patents by offering an internet-based platform along with a shipping calculator.

By June 30^th of this year, PAID and eBay made a joint motion filing to stay the court litigation pending a finalization of eBay’s petitions before the PTAB. In an event where petitions for review aren’t established by PTAB and parties failed to resolve the issue, both parties made an agreement to a united petition the court on lifting the stay.

Rudolph Tech Makes Announcement on Litigation Ruling with ITC

Rudolph Technologies, Inc., a United States-based provider of process characterization and lithography software and equipment for packaging facilities and wafer fabs, made an announcement of a ruling from the United States Supreme Court on a patent infringement suit made by another firm, Integrated Technology Corporation.

The U.S. Supreme Court shot down Rudolph Tech’s petition for a writ of certiorari, where the firm appealed the ruling from the Court of Appeals confirming a jury’s award of $7.68 million on an infringement of Integrated Technology Corporation’s patent via a probe card testing and product analysis before Rudolph Tech’s purchase of relevant products.

In addition to over $4 million accumulated by the firm for such lawsuit, Rudolph Tech will have to extra payment of over $6 million to ITC to complete its related interest charges and judgment satisfaction. Even though lawyer costs amounting to $3.25 million is currently being contested, Rudolph Tech reserved a complete amount.

Pure Storage Makes 100-Patent IBM Purchase to Shield Itself from Suits

Offering a tactical boost to its intellectual property portfolio, Pure Storage, a flash array vendor, acquired over 100 storage and tech-related patents from IBM. Both firms also agreed to a patent cross-license agreement.

Pure Storage was recently in Disruptor 50 list from CNBC. It’s the disruption that the firm is shielding itself as the move on its all-flash systems resume, with legacy storage vendors fiercely trying to catch up. After landing a Series F funding round of $225 million last year for a valuation of $3 billion, CEO Scott Diezen is poised on its own pending and granted patents. The deal with IBM will aid in shielding itself from aggressive litigation by its rivals.

Pure Storage made a pledge not utilize initial use of patents but to use the IP only to fend itself from aggression against rivals who would opt for litigation rather than market competition.

Upon getting the $225 million round, Dietzen said the firm is well positioned for extensive independence since all-flash collections over mechanical-aiding drives continue to surge.

Spherix Resumes Lawsuit on Patent Infringement against Verizon

Spherix, an intellectual property firm responsible for completely fostering and monetizing intellectual property, made an announcement saying it resumed patent litigation in the U.S. District Court for the Eastern District against Verizon. The complaint claims Verizon to have infringed up to four patents owned by Spherix.

The declared patents in the lawsuit were originally constructed by Nortel Networks, which was later purchased by Spherix in December 2013 and are related to VoIP and other internet services offered by Verizon. The complaint is looking to seek damages for profit related to the infringed patents.

Spherix said the current litigation is a big leap to monetizing their intellectual property portfolio. The lawsuit is a completely new line of licensing profit for the company as it focuses on infringement related to internet service offerings.

The new licensing programs adds to the firm’s current licensing programs related to router and switch devices, wireless telephones, and mobile phone location technology.

Samsung Enters Mobile Patent Deal with InterDigital to Halt Litigation

Samsung recently signed a mobile patent agreement with InterDigital, one week prior to when the U.S. International Commission could’ve made a decision to halt the import of multiple Samsung mobile devices in the United States.

The deal covers the sale of all 3G, 4G, and specific future wireless tech products by Samsung and halting all litigation between both firms until the end of 2017.

InterDigital, a wireless standards maker, submitted a complaint against the South Korean giant with the ITC last January, seeking for an import ban on the Samsung  Galaxy S III devices and other tech products that claim to have infringed InterDigital’s own patents.

InterDigital’s patents were licensed by Samsung from 2002 all the way until 2012. But when the license period finished, InterDigital quickly filed a complaint to the ITC.

InterDigital’s complaint also involved Huawei, ZTE, and Nokia, whose wireless handsets claimed to have infringed the firm’s mobile patents. InterDigital made a request to ban Nokia’s Lumia 920, the ZTE Avail, and other phones from entering the country.

Align Tech Offers Updated on Lawsuit against ClearCorrect

Align Technology, Inc. offered an update on their current status regarding the final say on the cease and desist orders ordered by the ITC (International Trade Commission) against entities of ClearCorrect. The order restricts entities of ClearCorrect from making a sale, distribution, and advertising of treatment and data plans that infringe several of the patents declared by Align.

ClearCorrect then moved for a stay regarding the cease and desist orders in an ongoing appeal to the Federal Court. The Commission deployed the cease and desist orders temporarily on operational grounds pending a final say on ClearCorrect’s appeal to the Federal Court.

Opinion from the commission indicated that the district court process offered a forum for Align Technology to take back damages from ClearCorrect on infringement during the pending proceedings as well the temporary stay.

ClearCorrect made an appeal with the Federal Court recently on the Commission’s last determination that streamline Alignment Technology’s patent validity and infringement by ClearCorrect.

U.S. Panel to Make Decision on GM Ignition Litigation Location

General Motors Co. insists of returning to a courtroom in New York to fight its legal battle against 90-plus ignition-switch defect lawsuits, while some vehicle owners want their cases to be heard by a judge in California, an expert in auto lawsuits.

A federal judge panel will be meeting in Chicago to make the decision.

The ruling, which would start within this week, will be a big step in resolving as to whether GM is responsible for the switch defect and owing billions of dollars in damages to affected vehicle owners of Chevrolet Cobalts and other models.

The final decision on the location is influential not only because of the judge dealing with the case but the impact which local circuit law and rules apply in specific U.S. regions.

General Motors was sued after it started to recall over 2.5 million Cobalts, Saturn models, and other small vehicles this February. Heavy rings caused the ignition switch in some vehicles to slip off from its “on” position thereby interrupting power and inactivating the air bags.

URC Receives Favorable Outcome on Patent Infringement Litigation

Universal Remote Control, Inc. recently announced that a California District Court jury gave the firm a victory in an undecided patent infringement case initiated by Universal Electronics, Inc.

The lawsuit started in March 2012 when Universal Electronics sued Universal Remote Control of making patent infringements on its four patents. With final verdict from the court jury, URC won all of its patents. The firm was successful in the early process of the proceedings in which the court found in February 2013 that claims in one of the patents was deemed invalid. The court also made a decision to side with URC on a couple other patents in March 2014.

Just recently, after a two-week trial, the jury was in favor of URC’s claims which include holding claims on the final patent to be invalid and not patent infringed.

The jury also determined that UEI is guilty of misusing patents and doing “dirty work.” URC will continue seeking an award against UEI for lawyer costs as well as other grounds.