Obviousness Of Nielsen’s Patent Claims Affirmed By Federal Circuit
WASHINGTON, D.C. — Substantial evidence supported the U.S. Patent Trial and Appeal Board’s (PTAB) finding that a publication describing facial-analysis research was analogous prior art, a Federal Circuit U.S. Court of Appeals panel held, affirming PTAB’s decision that claims of a patent held by television research entity Nielsen Co. (US) LLC were unpatentable as obvious.
Sanctions, Discovery Requests Denied In Dispute Over ‘Defective’ COVID Tests
NEWARK, N.J. — A New Jersey federal judge denied both parties’ requests for sanctions and affirmed a magistrate judge’s order denying the parties’ discovery requests in a breach of contract suit against a COVID-19 test manufacturer and supplier over alleged defective tests, finding that the magistrate judge correctly denied reopening discovery and that sanctions were not merited.
2nd Circuit: No New Evidence Of Falsity Of Agreement In Beverage IP Row
NEW YORK — A Second Circuit U.S. Court of Appeals panel on Aug. 18 affirmed a New York federal judge’s denial of beverage markers’ motion to vacate a bench trial finding in defendants-appellees’ favor in a dispute over beverage trademarks; the panel agreed that the plaintiff-appellant entities provided no new evidence that the judge was misled by a fraudulent account about a disputed operating agreement.
Judge Confirms Chapter 11 Plan For Ship Subcontractor Hopeman Brothers
RICHMOND, Va. — A Virginia federal judge on Aug. 18 confirmed a plan of reorganization for defunct ship subcontractor and Chapter 11 debtor Hopeman Brothers Inc. that establishes an asbestos personal injury trust that will be funded by nearly $50 million from the company’s insurers and by the debtor’s remaining assets.
7th Circuit Affirms Ruling Tossing FCA Suit Alleging Medicare Prescription Fraud
CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed a lower court ruling dismissing a relator’s complaint alleging violations of the False Claims Act (FCA), finding that the relator failed to plead with particularity the allegations regarding submitting claims to Medicare based on fraudulent prescriptions and that the complaint failed “to allege materiality.”
ABC Sues FCC, Alleges 1st Amendment Retaliation Over Early License Renewal Order
WASHINGTON, D.C. — ABC, The Walt Disney Co. and ABC-owned licensees on Aug. 18 sued the Federal Communications Commission and related officials in federal court in the District of Columbia, alleging that an order requiring the stations to file early applications for license renewal is unconstitutional retaliation and is in response to President Donald J. Trump’s criticism of comments by ABC late-night host Jimmy Kimmel.
Split Alabama High Court Orders Sharing Provision Changes In Bad Faith Case
MONTGOMERY, Ala. — Partly granting a petition for a writ of mandamus in a bad faith case against a homeowners insurer, the Alabama Supreme Court ruled that including a sharing provision in a protective order does not inherently violate the state’s discovery rules, but here the order “must be modified to ensure that the information is not shared in a manner that harms” the insurer; four justices wrote separately to concur in the result or partly or fully dissent, and a fifth justice joined in the full dissent.
Panel Affirms Judgment For Rehab Facility In COVID Wrongful Death Suit
TRENTON, N.J. — A New Jersey appellate court affirmed a lower court’s grant of summary judgment to a rehabilitation facility and related entities in an estate’s wrongful death suit after a facility worker died from COVID-19, finding that the facility had immunity under New Jersey’s COVID immunity statute and that no exceptions for gross negligence or willful misconduct applied.
Judge Grants Asbestos Pipe Company Third-Party Discovery From Trusts
EAST ST. LOUIS, Ill. — A federal judge in Illinois granted expedited third-party discovery from asbestos trusts in a Racketeer Influenced and Corrupt Organizations Act (RICO) case in the wake of a Delaware Supreme Court ruling allowing the trusts to implement new document retention policies.
Split 9th Circuit Gives DOJ Win In Gender-Affirming Care Subpoena Dispute
SEATTLE — Giving the U.S. Department of Justice (DOJ) a victory on an issue that is the focus of numerous lawsuits, the Ninth Circuit U.S. Court of Appeals on Aug. 14 issued a 2-1 ruling reversing quashal of an administrative subpoena for patient medical and communications data from a gender-affirming care provider and remanding for further proceedings; the majority concluded that the provider “has not met its heavy burden of showing that the subpoena was issued for an improper purpose,” and the dissenter said, “That the President may lawfully voice policy opposition to a practice does not mean the DOJ can exceed its statutory authority and issue pretextual subpoenas to put a company out of business.”
Judge OKs Recommendation Granting Insurer Judgment In Texas Lab Coverage Suit
SHERMAN, Texas — A federal judge in Texas on Aug. 14 rejected an objection from an infectious disease lab testing company and adopted a magistrate judge’s report and recommendation granting the lab’s insurer’s motion for judgment on the pleadings in a dispute over defense coverage for regulatory claims.