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21 Feb, 2007 10:59 am
Access online the transcript of today's U.S. Supreme Court oral argument in Microsoft Corp. v. AT&T Corp., No. 05-1056: The Court has posted the transcript at this link.
20 Feb, 2007 6:30 am
... . components of a patented invention . . . in such manner as to actively induce the combination of such components outside of the United States." In this case, AT&T
Corp. alleges that when Microsoft Corporation's Windows software is installed on a personal computer, the programmed computer infringes
AT&T's patent for a "Digital Speech Coder" system. AT&T sought damages not only for each Windows-based computer made or sold ...
15 Oct, 2007 1:20 pm
AT&T CORP. V. FOWLER BUSINESS LAW: CHARGE BACKS, COMMISSIONS 2006-CA-000402 PUBLISHED: REVERSING AND REMANDING PANEL: PAISLEY
PRESIDING; STUMBO, VANMETER CONCUR COUNTY: FRANKLIN DATE RENDERED: 09/14/2007 ... circuit court erred in failing to award them liquidated damages. COA reversed circuit court finding
that the recovery of the commissions by AT&T violated the terms of the statute. KRS 337.060 generally prohibits employers from recovering their losses from employees' wages.
Under ...
20 May 3:33 pm
... ) in effect prior to 1979 to pregnancy leaves taken prior to 1979-even if that seniority system would violate the PDA if enacted today. In AT&T Corp. v. Hulteen, four female employees brought an unlawful discrimination suit against AT&T challenging the company's application of a seniority
system with an accrual calculation that treated pregnancy leave less favorably that other disability leave prior to 1979. All four plaintiffs took ...
16 Aug, 2007 8:10 am
Access online the audio of yesterday's Ninth Circuit oral arguments in the NSA surveillance cases argued under the caption Hepting v. AT&T Corp. You can download the audio file via this link (13.9MB Windows Media audio file).
29 Apr, 2008 11:52 am
On the heels of the Government's big win last week in the Fifth Third Bancorp LILO tax shelter case: the 4th Circuit today affirmed the Government's victory in the first LILO tax
shelter case, BB&T Corp. v. United States, No....
17 Sep, 2008 1:00 pm
In McKee v. AT&T Corp., ___ P.3d ___ (Wash. Aug. 28, 2008), the Supreme Court of Washington refused to enforce a no-class-action
arbitration clause, finding it substantively unconscionable. A tidbit: "Courts will not be easily deceived by attempts to unilaterally strip away consumer protections and remedies by
efforts to cloak the waiver of important rights under an arbitration clause." Slip op. at 35; see also Scott v. Cingular Wireless, 161 P.3d 1000 (Wash. 2007). [Via ...
15 May, 2007 8:47 pm
By Kevin E. Noonan -- Lost in the reaction to KSR Int'l Co. v. Teleflex Inc. two weeks ago was the Court's decision in Microsoft Corp. v. ATT
Corp., rendered on the same day. While not directed to a biotechnology invention, the case has interesting implications for the relationship
between...
30 Apr, 2007 1:24 pm
The US Supreme Court ruled on April 30 that Microsoft cannot be forced to pay for patent infringement which has occurred when copies of Windows are made or installed on computers
abroad. Excerpt: It is the general rule under United States patent law that no infringement occurs when a patented product is made and sold in another country. There is an exception.
Section 271(f) of the Patent Act,adopted in 1984, provides that infringement does occur when one "suppl[ies] . . . from the United States ...
2 Mar, 2007 7:03 pm
... . They're in the air. The words … 'supplied from' tell us that it must be a physical thing combined with. Ideas don't combine with physical things to make a patented
invention. Physical things do." The justices' questions were nimble and penetrating, and ... not). No one knows yet whether the justices' evident interest in this question foreshadows a
decision on the point. The case is Microsoft Corp. v. AT & T Corp., No. 05-1056. The
opinion below appears as AT & T Corp. v. Microsoft Corp., ...
27 Oct, 2006 12:08 pm
... the U.S. Supreme court granted Microsoft's petition for a writ of certiorari in Microsoft Corp. v AT & T Corp., No. 05-1056, proceedings below, AT&T Corp. v. Microsoft Corp., 414 F.3d 1366 (Fed. Cir. 2005). The questions presented in Microsoft's Brief are: "(1) Whether digital software code - an intangible sequence of ... C.
Wegner, author of "A Foreign Square Peg in a Domestic Round Hole: The Eolas-AT&T-Carbide Trilogy," Hot Topics in Patent Law, George Mason University School of Law ...
20 Feb, 2007 6:22 pm
... Supreme Court will hear argument in No. 05-1056, Microsoft Corp. v. AT&T Corp. This
case is about whether a company can violate U.S. patent ... T's patent. However, the Windows software-by itself-does not infringe AT&T's patent. Microsoft supplies
Windows to U.S. and foreign computer ... between the instructions and the product. The product-the computer loaded with Windows that infringes AT&T's patent-is a machine that
contains, and continuously performs, the software codes' instructions. ...
19 Aug, 2008 4:54 am
... the Constitution. Among these decisions (including KSR Int'l Co. v. Teleflex Inc., eBay Inc. v. MercExchange, LLC, Quanta Computer, Inc. v. LG Electronics, Inc., Merck KGAA v.
Integra Lifesciences I, Ltd., Microsoft Corp. v. AT&T Corp., Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Dickinson v. Zurko), perhaps the one that provoked the most extreme reaction from the Federal Circuit was
Medimmune, Inc....
25 May, 2007 7:51 am
In a 7-1 decision, the Supreme Court held the Patent Act does not extend to foreign duplication of software in Microsoft Corp. v.
AT&T Corp., decided April 30, 2007.
23 Feb, 2007 5:59 pm
... can be found here. The Supreme Court heard argument in Microsoft Corp. v. AT&T Corp.
(No. 05-1056) on Wednesday, February 21. The case involves ... and installation on computers sold abroad. Windows, when it is installed on a computer, violates an AT&T
patent. The master disks are not installed on computers that are sold. Instead, copies are made ... certain amount if it wins the appeal and a different amount if AT&T wins.
Justice Scalia asked whether there was really any case or controversy ...
31 Aug, 2006 6:38 am
... Proper Plaintiffs filed a federal securities fraud class action against AT&T based on allegedly false statements that artificially inflated stock prices. The defense
waged ... million), and four objectors appealed. The Third Circuit affirmed. In re AT&T Corp. Securities Litig., 455 F.3d 160 (3d
Cir. 2006). ... fund to a possible recovery in light of all the attendant risks of litigation. In re AT&T, at 164-65 (citation omitted). The Circuit Court also summarized the
factors to be considered ...
21 Feb, 2007 11:20 am
The link to the transcript for the February 21st oral arguments before the SCOTUS in Microsoft Corp. v. AT&T Corp. can be found here. Any thoughts? Discussion to follow!
29 Oct, 2007 10:29 am
TGIP, Inc. v. AT&T Corp., 2007 WL 3194125(E.D.Tex. Oct 29, 2007) (NO. CIV.A. 2:06-CV-105) Judge: Ron ... that the pre-verdict motion
for judgment as a matter of law was still pending post-verdict - it wasn't denied during trial - so the issues raised by that motion were ripe immediately. Today Judge ... reason
(citing Seagate) that TGIP did not prove by clear and convincing evidence that AT&T knew, or should have known, that it acted in the face of an objectively high risk of
infringement of a ...
27 Sep, 2007 5:15 am
... indemnified by a company shareholder for the defense costs and settlements in the underlying cases. AT&T Corp. v. Clarendon Ins.
Co., No. 06-567 (July 2, 2007 ... Corporation was formed in 1995 to provide internet access to subscribers of cable television. AT&T was At Home's largest shareholder and had
designated ten of its employees to serve ... payment of defense costs and settlement was made by AT&T to protect its own interest, and therefore AT&T did not act
as a volunteer. Click here ...
15 Sep, 2008 11:51 am
... though he lives outside the Wenatchee city limits." McKee v. AT&T Corp., ___ P.3d ___ (Wash. August 28, 2008) [Slip ... 4. The
trial court denied the motion, finding the dispute resolution provision in AT&T's Consumer Services Agreement to be unconscionable. Id., at 1. The Washington Supreme Court
... declaration that stated prior information provided under oath was in error because "AT&T had amended its agreement 'in significant ways, including, for example, the
removal of the two-year ...
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