WEST PALM BEACH, Fla. — A federal judge in Florida held on July 28 that no coverage exists under a “Sponsored Insurance Agents Errors and Omissions Liability” insurance policy for a $552,677.61 judgment for misappropriation of trade secrets, dissolving a writ of garnishment brought against the insurer to collect on the judgment.
CHARLOTTE, N.C. — A North Carolina federal judge on May 4 granted a business’s petition to confirm an arbitral award worth more than $3 million against a Chinese LED light bulb manufacturer and its U.S. subsidiary despite new evidence showing that the tribunal calculated damages partly based on hypothetical lost royalties under a contract with a nonparty that was terminated before arbitration.
SAN FRANCISCO — A California federal judge on Feb. 21 dismissed a U.S. stem cell company’s counterclaim for violation of California’s unfair competition law (UCL) in a pending suit against a Canadian company and its affiliates because it was “displaced” by the company’s sufficiently pleaded state law claim for misappropriation of trade secrets.
CINCINNATI — A former employee alleging age discrimination when his employer failed to hire him for a remote position satisfied the burden to show that there is enough evidence to create a dispute regarding age discrimination, a split Sixth Circuit U.S. Court of Appeals held Jan. 24, reversing a district court’s grant of summary judgment to the former employer.
The journalists and staff of Mealey’s Litigation Reports are saddened by the passing of co-founder Michael P. Mealey. He was a respected member of the newsletter community, being named publisher of the year by the National Newsletter Association and president of the National Newsletter Association. Mike and Judy Mealey started Mealey Publications Inc. in 1984. As president, Mike grew the Mealey’s Litigation Report portfolio, introduced email news bulletins and electronic CD formats and launched a continuing legal education conference business. Mealey’s was sold to LexisNexis in 2000. We hope to carry on his journalistic curiosity and integrity in the titles we continue to publish today under his name.
SAN DIEGO — A federal judge in California on Nov. 9 granted several defendants summary judgment on a request by a virtual prototyping software company for statutory damages and attorney fees in connection with a claim for copyright infringement.
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Oct. 15 denied the petition of a Chinese CEO and his medical device company for rehearing en banc of their appeal seeking to stay an Ohio company’s trade secrets claims against them pending arbitration in China with the CEO’s other company.
CINCINNATI — A Chinese CEO and his medical device company on Sept. 24 petitioned the Sixth Circuit U.S. Court of Appeals for rehearing en banc of their bid to stay an Ohio company’s trade secrets claims against them pending arbitration in China with the CEO’s other company, writing that the panel misapplied the test for equitable estoppel in arbitration contracts.
CINCINNATI — A Sixth Circuit U.S. Court of Appeals majority on Aug. 27 affirmed a district court’s denial of a Chinese CEO and his medical device company’s motion to stay an Ohio company’s trade secrets claims against them pending arbitration in China with the CEO’s other company and remanded the CEO’s agency argument to the district court, while a dissenting judge said the majority’s opinion is a “rewrite” of “pro-arbitration state laws.”
PROVIDENCE, R.I. — A federal judge in Rhode Island on July 16 clarified that a planned retrial on allegations of trade secret misappropriation will be limited to an algorithm for converting photometric measurements; in the same ruling, the judge rejected a bid by a defendant to recoup the attorney fees it incurred in successfully defending allegations of patent infringement.
BOSTON — The French version of the European Union’s General Data Protection Regulation (GDPR) does not prevent a point of sale (POS) technology firm and a production partner from seeking discovery of important documents from a French rival in a dispute over trade secrets and patents, a Massachusetts federal judge ruled June 3, granting the plaintiffs’ motion to reconsider a previous ruling that had ordered discovery only from two domestic plaintiffs.
WASHINGTON, D.C. — In a longstanding dispute over hair treatment products, the Federal Circuit U.S. Court of Appeals on May 6 ordered a new trial on patent infringement and damages and reversed a denial of judgment as a matter of law (JMOL) that L'Oréal USA Inc. misappropriated trade secrets.
KANSAS CITY, Mo. — A Missouri appeals panel on April 6 partly reversed a lower court’s ruling in a commercial general liability insurance coverage dispute arising from an underlying dispute between competitors in the lumber industry, finding that the insureds’ second amended complaint supported claims for bad faith failure to defend and failure to settle.
LAS VEGAS — A federal magistrate judge in Nevada on March 26 signed a stipulated protective order in a software provider’s lawsuit alleging that an insurer and another software provider misappropriated its trade secrets to develop a clone of its flood claims services system application.
BREVARD, N.C. — An anti-phishing software firm filed suit in North Carolina federal court on March 12 against a Dutch company that had been its business partner, asserting trademark and copyright infringement related to computer source code that it says was used to develop new products and that the plaintiff claims belong to it .
WASHINGTON, D.C. — In a March 15 ruling, the Federal Circuit U.S. Court of Appeals said it found no abuse of discretion in a Florida federal judge’s decision to unseal an amended complaint accusing a competitor of infringing a patented veterinary orthopedic implant.
BALTIMORE — Expert testimony in a trade secret dispute will be limited, a Maryland federal judge ruled Feb. 8, finding that much of the proposed testimony of one expert constitutes inadmissible legal conclusions, with the rebuttal witness’s testimony largely rendered moot, and that challenges to another expert are best resolved through cross-examination.
SAN DIEGO — A federal judge in California on Dec. 22 stayed an insurer’s lawsuit disputing coverage for an underlying copyright infringement and trade secret appropriation action, finding that the three factors in Landis v. N. Am. Co. weigh in favor of a stay pending resolution of the underlying action.
SAN FRANCISCO — In a Dec. 16 holding, the Ninth Circuit U.S. Court of Appeals upheld a dismissal of allegations that Google LLC violated the Defend Trade Secrets Act of 2016 when it disclosed engineered architecture (EA) information in patent applications filed in 2011 and published in 2012 (Eli Attia, et al. v. Google LLC, No. 19-15771, 9th Cir., 2020 U.S. App. LEXIS 39491).
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel in a Nov. 10 unpublished opinion affirmed a district court’s dismissal of a Texas tech company’s trade secret and computer fraud claims against its U.K.-based former CEO, finding that the parties’ agreement calls for arbitration of disputes in London and gives English courts exclusive jurisdiction over those disputes (Fintech Fund, F.L.P. v. Ralph Horne, No. 18-20449, 5th Cir., 2020 U.S. App. LEXIS 35418).