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24 Jun 11:26 am by The Farber Law Group
A Wisconsin man is suing the manufacturer of a lawnmower, MTD Products, Inc., and Home Depot, Inc., the distributor of the riding lawnmower after it flipped and he sustained serious injuries when the lawnmower flipped and struck him ... of more than $250,000 and other relief. Cauble had considerable medical costs due to his injuries. In filing a defective product suit, the claims are usually based on negligence, strict liability, breach of contract, breach of warranty or guaranty under the Uniform ...
Washington Injury Attorney Blog - http://www.washingtoninjuryattorneyblog.com/
1 May, 2008 2:52 pm
Covenant Equipment Corp. v. Forklift Pro, Inc., 2008 NCBC 10 (N.C. Super. Ct. May 1, 2008)(Tennille) A service of process issue and a covenant not to compete issue in one decision from the Business Court. It doesn't ... jurisdiction. Carnie's Notice did not. In the non-compete portion of the opinion, the Court followed the principle it set out in Better Bus. Forms & Prods., Inc. v. Craver, 2007 NCBC 34 (N.C. Super. Ct. Nov. 1, 2007) regarding the right of an asset purchaser to to enforce a non- ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
11 Sep 6:31 pm
... Cir. 1995) (en banc); Radio Steel & Mfg. Co. v. MTD Prods., Inc., 788 F.2d 1554, 1557 (Fed. Cir. 1986) ("The determination ... use the accused products in an infringing way." Circumstantial evidence suffices to find infringement. The standard is low. An informative case is Moleculon Research Corp. v. CBS, Inc., 793 ... induce infringement, such as advertising an infringing use, can support a finding of an intention for the product to be used in an infringing manner. DSU Med., 471 F.3d at 1305 (citing ...
Patent Prospector - http://www.patenthawk.com/blog/
19 Jun, 2008 8:18 pm
... denied in part, a Motion to Dismiss in Gateway Management Services, Ltd. v. Advanced Lubrication Technology, Inc. Judge Tennille ruled on claims of tortious interference with prospective economic advantage, negligent misrepresentation, and misappropriation of ... for seeking business from common customers. Here it is even one step removed since ALT sold product to Gateway's competitor. It is . . . clear that the complaint does not adequately allege interference with prospective economic advantage. ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
15 Mar 2:04 pm
... In the second case, Crockett Capital Corp. v. Inland American Winston Hotels, Inc., 2009 NCBC 5 (N.C. Super. Ct. Feb. 13, 2009), the Court ... was on November 1, 2006, when Judge Tennille entered simultaneous Orders in Analog Devices, Inc. v. Michalski, 2006 NCBC 14 (N.C. Super. Ct. Nov. 1, ... .C. Super. Ct. Nov. 1, 2006). Those cases involved the allocation of the cost of the production of electronically stored information. Crockett: Brief in Support of Motion to Dismiss Crockett: Brief in Opposition ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
12 Sep 11:03 pm by Lawrence B. Ebert
... , Gotshal & Manges LLP, of Redwood Shores, California, for amici curiae Apple Inc., et al. and James W. Dabney, Fried, Frank, Harris, Shriver ... patentee argued that "an apparatus patent claim with functional elements is infringed if the accused product is reasonably capable of being used without substantial modification in the manner recited in the claim." Id. ... wheelbarrow case] was cited: Radio Steel & Mfg. Co. v. MTD Prods., Inc., 788 F.2d 1554, 1557 (Fed. Cir. 1986) ("The determination ...
IPBiz - http://ipbiz.blogspot.com
23 Aug, 2008 1:23 am
... Illumina spar over DNA sequencing patents: (Law360) Pharma & Biotech - Products Alavert (Loratadine) - US: Divided TTAB panel finds ALAVERT and WALVERT ... infringing four balloon catheter patents with its Stormer, Sprinter and Endeavour Sprint products: (Law360), Boston Scientific - Federal judge rules that Cordis infringed two patents ... EpicRealm Licensing LP and Parallel Networks LLC v Autoflex Leasing, Inc et al: (EDTexweblog.com), Fiji Water Co - 'Bottled at the source' is not an indicator ...
IP Thinktank - http://duncanbucknell.com/blog
23 Jan 11:34 am
... case, which handed a win to CITGO allowing it to charge higher prices than those urged by The Pantry, is The Pantry, Inc. v. CITGO Petroleum Corp. Per the contract, The Pantry's price for gasoline was based on the average of ... Diaz didn't agree. He determined that the "only reasonable interpretation" of the contract was for the parties to look to the "precise motor fuel product purchased by The Pantry (whether clear gasoline or E-10 gasoline)" to determine the proper price. As to the argument ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
3 Aug, 2008 1:00 pm by Jeffrey M. Reiff
... room for the hand or foot to be caught in the blade. The distributor, Kyodo American Industries, recalled the product. The importer of the lawnmower was Kyodo American Industries of Lawrenceville, GA. On July 10, 2008 ... feature (NMIR). NMIR safety features have been designed into all MTD/Cub Cadet lawnmowers since early 1983 and into riding lawnmowers ... assist you. 3. You can contact the Outdoor Power Equipment Institute, Inc. and their industry and request action on their part to resolve this problem ...
Philadelphia Injury Attorney Blog - http://www.philadelphiainjuryattorneyblog.com/
         
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