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... Court of Chancery of Delaware dismissed a books and records action brought by a shareholder against Axcelis Technologies, Inc. ("Axcelis"). Plaintiffs claimed Axcelis refused to accept the resignations of three directors who received less ... subject to inspection, which would be extremely burdensome. The court concluded that the plaintiff failed to demonstrate credible evidence that wrongdoing occurred in respect to the rejection of SHIs proposals to acquire Axcelis, the board's decision to retain ...

KIRKLAND, Wash. - June 5, 2008 - Electronic Evidence Discovery, Inc. (EED®), a leading national provider of eDiscovery services, today announced that it has reached a definitive agreement to purchase Daticon, LLC. Daticon, which ... of providing on-site eDiscovery services. "Consulting and project management methodology and professional competence are as important to the success of eDiscovery as software technology, if not more so," said Mike Jahnke, VP & GM of Daticon. "I see EED's acquisition ...

... re Organik Technologies, Inc., 41 USPQ2d 1690, 1692 at n.3 (TTAB 1997), in which the Board refused to consider excerpts from foreign news sources absent evidence ... relative limited local interest. (Citing In re King Koil Licensing Company, Inc. (Serial No. 76565486, TTAB March 2, 2006) and In re Remacle, ... specific term is not understood in the same context as argued, the applicant must produce evidence of this- most likely through the use of a foreign language translation. See In re Nutraceutical ...

... . The District Court had cited unexpected results (stability and processability) in finding the claims nonobvious. However, when unexpected results are used as evidence of nonobviousness, the results must be shown to be unexpected compared with the closest prior art. The CAFC noted that Pfizer had simply failed in this ... GMBH & Co Deutschland KG v. C.H. Patrick, Co., et al., Alza Corporation v. Mylan Laboratories, Inc., et al., and Ormco Corporation, et al. v. Align Technology, Inc. etc).

In Ormco Corporation, et al. v. Align Technology, Inc. (August 24, 2007), one of the inventors of the Ormco patents, testified that Ormco had never attempted to create a computerized system that automatically ... attempts but fails to enable his invention in a commercial product that purports to be an embodiment of the patented invention, that is strong evidence that the patent specification lacks enablement. Substantial doubt concerning the enablement of the invention was cast by the inventors in ...

... unpublished case from the North Carolina Court of Appeals, Modular Technologies, Inc. v. Modular Solutions, Inc., makes an interesting point concerning the need for actual evidence of misappropriation of trade secrets. The case concerned two competitors in the ... to which [she] had access qualifies as trade secrets, plaintiff has not introduced substantial evidence that Mrs. Rouse acquired the information for disclosure or use, or disclosed or used the information." In other words, there was "no ...

We are discussing CITY OF WESTLAND POLICE & FIRE RETIREMENT SYSTEM v. AXCELIS TECHNOLOGIES, INC., a case involving the invocation of inspection rights to investigate the reasons why the board of directors of Axcelis did not ... to accept those resignations. Plaintiff's conclusory allegations of entrenchment in connection with the decision, which are tied to absolutely no evidence that would even suggest a cognizable entrenchment motive, must fail for lack of any support. In short, the Company ...

We are discussing CITY OF WESTLAND POLICE & FIRE RETIREMENT SYSTEM v. AXCELIS TECHNOLOGIES, INC., a case involving the invocation of inspection rights to investigate the reasons why the board of directors of Axcelis did not ... the board acted in a manner consistent with its fiduciary obligations. In other words, there should be no need for "credible" evidence beyond the actions taken by the board to overturn the shareholder vote. What will happen in this case? The Delaware courts and their pro- ...

... that addresses key issues of great import to all litigators. In Micron Technology, Inc. v. Rambus, Inc., (D.Del., Jan. 9, 2009), read opinion here, ... alleged infringement of multiple Rambus' patents. After a bench trial on the issue of alleged spoliation of evidence and unclean hands, Judge Robinson declared that the patents in suit were unenforceable against ... record retention plans including its now-infamous "Shred Days." The Virginia court (Rambus, Inc. v. Infineon Techs. AG, 220 F.R.D. 264 (E.D ...

Discovery Response Report Detailed Flow for Electronic Evidence Restoration and Harvesting By Tim Griffiths Director of Solutions Engineering, Fios, Inc. It is a well-established fact that there are four main processes in any electronic discovery ... the Office of Technology Counsel Top Ten Misconceptions about the Federal Rules of Civil Procedure By Mary Mack, Esq. Technology Counsel Fios, Inc. Every conference and most new reported decisions concerning electronic discovery illuminate more about the ...