Search for: "Applied Electronics Corp."
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18 Jan, 2007 12:09 pm
... . Dec. 5, 2006)Factors weighed by the court in determining sharing of costs of electronic discovery were applied in a cost-sharing
analysis of production of paper documents. Ameriwood Industries, ... independent cause of action for damages resulting from spoliation of evidence. Plasse v. Tyco Electronics Corp., "Plasse II", 2006 U.S. Dist. (D. Mass. Nov. ... (D. N.J. Dec. 6, 2006)After dozens of motions relating to electronic
discovery gave new meaning to "scorched earth" litigation tactics and caused ...
24 Apr, 2007 1:54 am
... key documents in Maryland because the documents were easily scanned and moved electronically. Barrows v. Daubert Law Firm LLC, 2007 U.S. Dist. ... communications under the
crime-fraud exception must prove by a preponderance of the evidence that the exception applies, and the opponents must be given an opportunity to present evidence that the
exception does not ... discoverable in litigation that followed between the employer and an employee. Teague v. Target Corp., 2007 U.S. Dist. LEXIS 25368 (W.D.N.C ...
11 Jun, 2008 11:04 pm
... v. LG Electronics, Inc., Slip Op. (Sup. Ct. Jun. 9, 2008). In Quanta, a unanimous Supreme Court recognized that "[f]or over 150 years this
Court has applied the doctrine ... Circuit on both issues raised on certiorari and found, "[b]ecause the exhaustion doctrine applies to
method patents, and because the license authorizes the sale of components that substantially embody the patents ... a U.S. patent. See Fuji Photo Film Co., Ltd. v. Jazz Photo
Corp.,394 F.3d 1368 (Fed. Cir. 2005); Jazz Photo Corp. v ...
29 Mar, 2007 5:52 pm
... has a "dormant" aspect that "prohibits state . . . regulation that discriminates against or unduly burdens interstate commerce." General Motors Corp. v. Tracy, 519 U.S. 278,
287 (1997) (Citations omitted). Although the dormant aspect of the Commerce ... the state's benefit. ACLU v. Johnson, 194 F.3d 1149, 1161 (10th Cir. 1999). This legislation
applies to an electronic mark registered in Utah that is used to trigger an advertisement if the advertisement is delivered in Utah or if the advertiser or ...
8 May, 2007 5:19 am
... slam by winning on four issues: abandonment, fraud, likelihood of confusion, and laches. Bose Corp. v. Custom Electronic Design & Installation Ass'n, Cancellation
No. 92042327 (April 30, 2007) [not precedential]. Abandonment: Bose's abandonment claim was predicated on ... to compel, is quite misplaced." Likelihood of Confusion: Bose's Section
2(d) claims applied to only three of CEDIA's registrations, since the registration for publications was already five-years old. In a ...
15 Jul, 2007 12:10 pm
... .D.C. 2000) 194 F.R.D. 305, 310." Paramount Pictures Corp. v. ReplayTV (C. D. Cal. 2002) CV 01-9358 FMC (Ex ... Rule 34(a) state that the rule "applies to information
that is fixed in a tangible form" and that the definition "is expansive and includes any type of information that is stored electronically." The Notes are silent as to any
compact ... The Order requiring its production is, therefore, contrary to law. See National Union Elect. Corp. v. Matsushita Elec. Indust. Co., 494 F.Supp. 1257, 1261 ( ...
17 Oct, 2007 4:39 am
... merits of the controversy, the Board found that "even under the less rigorous 'viable relationship' standard applied in cases where the
parties' marks are identical," Varian's services are "dissimilar and unrelated to" Opposer's ... involve semiconductors." Not sufficient, said the Board. Likewise as to Opposer's
manufacturing services, which are directed to electronic products, the Board observed that Opposer is not in the semiconductor industry and neither manufactures nor markets
semiconductors. ...
17 Sep, 2007 2:51 pm
... ; Holly K. Towle, Amending or Modifying the Terms, ¶ 8.10[7] The Law of Electronic Commercial Transactions (2007). Among those principles is that, under the common law of
contracts, ... , acceptance, and consideration to amend a contract. Id. at *1-2. Douglas simply applied the offer and acceptance rule: a party
cannot offer an amendment nor the other party ... the principles discussed in these cases. Another case that applies the rules is Brennan v. AT&T Corp., No.
04-CV-433-DRH, 2007 WL 2229002, ...
22 Jan, 2008 1:50 am
... declaration of entitlement is still not available when you fill in your application online. Therefore applicants who file electronically are also required to submit the
declaration of entitlement, by fax or post, to CIPO as a separate document in order to ensure that ... advance prosecution under the PPH program free of charge. CIPO will evaluate what,
if any, fees should apply for this service if it later becomes permanent. Regular fees (Schedule II of the Patent Rules) for requesting examination ...
22 Feb, 2007 1:28 am
... email documents. The privileged documents had been in a subfolder on a DVD that was deleted before plaintiff provided the DVD to its electronic discovery vendor. However, a
copy of the privileged email remained on the larger folder structure of the DVD, and all of ... the 542 documents on their face indicated privilege. Thus, the magistrate's conclusion
that the error made in producing the 542 documents was not apparent on the face of the documents was clearly erroneous. Source: Applied
Discovery®
25 Jan, 2008 2:39 am
Qualcom v. Boradcom Corp. is an important case. Duane Morris reports that it will set the standard for all electronic discovery in litigation. Once the standard is set,
attorneys will be expected to heed and obey. "The district ... subsection (1), (3) developing and finalizing a comprehensive protocol that will prevent future discovery violations . . .
, (4) applying the protocol that was developed in subsection (3) to other factual situations, such as when the client does not have corporate counsel, ...
9 Nov 10:41 am
... precipitated lawsuits filed in 2007 when Osyka went to work for Indel, a newly formed company that also repairs electronics. The new
employer was advised by counsel that the nondisclosure agreement was not enforceable because ICS had failed to adequately ... copyright, patent, trademark, trade secret or other
intellectual property rights. However, this exclusion does not apply to infringement, in your advertisement, of copyright, trade dress or slogan." Id. at *4. The court found that
there was no ...
15 Dec, 2006 7:23 am
... illegible handwriting. So it is worthy to note from this AP story last week, that the era of electronic medical records may well be here: WASHINGTON - Five of the nation's
largest ... give their workers an unusual health-care benefit: their very own electronic medical records that they can take when they travel, change jobs, or see ... supposedly
be able to access. The companies providing the electronic health records are Applied Materials Inc., BP America Inc., Intel
Corp., Pitney Bowes Inc., and Wal ...
26 Nov, 2008 8:23 pm
Rhoads Indus., Inc. v. Bldg. Materials Corp. of Am., 254 F.R.D. 216 (E.D. Pa. 2008) In this breach of contract case, plaintiff Rhoads Industries, inadvertently produced over
eight hundred ... to research software to assist with the electronic discovery effort. The IT consultant eventually purchased Discovery Attender (or "Sherpa") to perform the
necessary electronic data searches. Shortly thereafter, the IT consultant and his team began work to identify locations of potentially relevant information. ...
27 Dec, 2007 5:15 am
... the Delaware Court of Chancery denied Plaintiff's request for preliminary injunction to block CheckFree Corp's merger with Fiserv Inc. CheckFree, an electronic payment
and processing company, received a merger bid of $48 per share from ... ." The holding from In re Pure Resources requires that the company disclose financial information material to the
shareholders decision. Applying the standard from In re Pure Resources, the court found that CheckFree's proxy statement contained a fair summary of ...
25 Mar 12:03 pm
... (C.D. Cal. 2007). Among technological measures that these decisions indicated would qualify under this standard were electronic envelopes and digital watermarks. This
interpretation was followed, without significant comment, in another recent Southern District of New York decision ... found that the statute could cover manual removal of copyright
information. See Associated Press v. All Headline News Corp., Southern District of New York, 08 Civ. 323 (PKC) (February 17, 2009 Memorandum and Order). It ...
20 Aug 10:32 am
... Often times, courts just simply default to the language of the contract. The recent case of Philips Electronics v. Hope addressed a
contractual tolling provision and held that it extended the non-compete ... letter agreement guaranteeing him $180,000 in exchange for a non-compete covenant. The restriction
applied during his employment term with DLO and for 2 years thereafter. Not long ... of North Carolina Opinion Date: 6/30/09 Cite: Philips
Electronics North America Corp. v. Hope, 631 F. Supp. 2d 705 (M. ...
27 Feb, 2007 5:33 pm
Amersham Biosciences Corp. v. PerkinElmer, Inc., 2007 WL 329290 (D.N.J. Jan. 31, 2007 (Unpublished) By K&L Gates In this case, ... deleted, a copy of these emails still
remained in the larger folder structure. As such, when Applied Discovery converted the emails from their native form into single page image ...
, and subsequently deleted, actually remained in the larger folder structure, and were thus produced to the defendant. For the complete article, click here. Source: Electronic
Discovery Law
30 Dec, 2007 12:13 pm
By Eric Goldman Applied Information Sciences Corp. v. eBay, Inc., 2007 WL 4553999 (9th Cir. Dec. 28, 2007) This is not an
earth-shattering case, but it's a nice example of a worthless trademark enforcement action ... information from on-line services via phone line in the fields of agriculture and
nutrition, books, chemistry, computers and electronics, education, law, medicine and biosciences, news, science and technology, social sciences
and humanities." This sounds like ...
26 Aug, 2008 5:00 pm
... the insured to permit extrinsic evidence to establish a potentiality of coverage. Id. at *6. The court also found instructive Richardson Electronics, Ltd., v. Federal Ins. Co., 120 F. Supp. 2d 698, 701 (N.D. Ill. 2000) ... exclusion argument because of the dual pending investigations by the
Texas and Maryland Attorneys General as such exclusion only applied when subsequent claims arise from common facts, events or occurrences. The
court explained in detail its analysis: The appropriate approach in ...
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