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17 Sep, 2007 10:40 am by Greg May
... the following title: Leadership 120 years later, the legend continues. So I find it rather funny that in Isip v. Mercedes-Benz USA, LLC, case no. B192382 (2d Dist. Sept. 12, 2007), Mercedes-Benz requested the court to ... still had problems with smoke, transmission hesitation, and a clanking noise in the brakes.The trial court refused a request from Mercedes-Benz to add language to the standard instruction (CACI 3210) for the implied warranty of merchantability. The requested addition was: The ...
The California Blog of Appeal - http://www.calblogofappeal.com/
2 Jun, 2008 7:31 am by Michael Smith
... when Orion sued DaimlerChrysler Corporation ("DCC") for infringement of two patents in Orion IP, LLC v. Ford Motor Company, 2:04cv313. Orion had previously sued ... ("MBUSA") for infringement of the patents in Orion IP LLC v. Mercedes-Benz USA LLC, 6:05cv322. On February 16, 2006, DCC and Orion entered into ... 3, 2007, the Daimler companies (including MBUSA) spilt from the Chrysler companies. Chrysler LLC is the successor to DCC and retained the benefits and obligations under the Settlement Agreement. ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
4 Jun, 2008 10:29 pm
... broad reading to its grant of its antitrust jurisdiction in an Order today in Sonic Automotive, Inc. v. Mercedes-Benz USA, LLC, in which it denied an objection to a Notice of Designation of the case as a mandatory complex business case. Sonic, ... 's antitrust jurisdiction was implicated, and also held that its mandatory jurisdiction was appropriate for other reasons presented by Mercedes-Benz in its Opposition: Plaintiff has asked the Court to remand this action because the case "does not involve ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
30 Jul, 2008 2:57 am by Joe Mullin
... this type of behavior." One setback, predictably, has led to another. In another one of Spangenberg's "actually, we're not done yet" lawsuits against a car company, Orion IP, LLC v. Mercedes-Benz USA, LLC, 07-cv-00451, E.D. Texas, Judge Leonard Davis threw out Orion IP's patent infringement claims on summary judgement, but allowed Mercedes-Benz to re-plead and move ahead with its counterclaim for breach of contract. Rather than see a replay of the Wisconsin ...
The Prior Art - http://thepriorart.typepad.com/the_prior_art/
31 Aug 12:16 pm by Michael C. Smith
Hyundai Motor America v. Clear With Computers, LLC, No. 6:08cv00302 (E.D. Tex., Aug. 24, 2009) Holding: Motion for Summary Judgment on Noninfringement DENIED; Infringement GRANTED Judge: Leonard Davis This case arises out of the Orion IP, LLC v. Mercedes-Benz USA, LLC, et al., 6:05cv322 litigation. Orion settled with all defendants except Hyundai prior to trial. At trial, Hyundai alleged it did not infringe the patents ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
4 May, 2007 11:05 am by Michael Smith
Orion IP, LLC v. Mercedes-Benz USA, LLC, --- F.Supp.2d ----, 2007 WL 1276942(E.D.Tex. May 02, 2007) (NO. 6:05 CV 322) Judge: Leonard Davis Holding: Motion (in limine) to preclude mentioning PTO's decision to change filing date DENIED The issue in this opinion was the date of the filing for the parent of the patent in suit, or alternatively when the one year grace period of 35 USC 102(b) expired, one or both of which was crucial for determining whether the on sale bar of ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
23 Oct, 2007 8:33 am by Michael Smith
Orion IP, LLC v. Mercedes-Benz USA, LLC, --- F.Supp.2d ----, 2007 WL 1091025(E.D.Tex. Apr 10, 2007) (NO. 6:05-CV-322) Judge: Leonard Davis Holding: Claims construction opinion Boy, somebody at West sure got interested in claims construction opinions from this past spring yesterday! Here's another one from April that just got reported. Here Hyundai asked Judge Davis to revisit his prior claim construction ruling and presented arguments on nine previously-construed terms. ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
15 Feb, 2007 7:00 pm by Bruce Nye
... time that this should work, there has never been any California authority directly on point. Well, now there is: Today, the Court of Appeal decided in Duale v. Mercedes-Benz USA LLC that if a Song-Beverly Consumer Warranty Act case, if the defendant company offers the consumer damages plus fees to be decided by the court, the consumer says no and doesn't get a better result at trial, the consumer attorney gets no fees ...
Cal Biz Lit - http://www.calbizlit.com/cal_biz_lit/
13 Jun, 2008 12:12 pm
... Jersey - big time. There's been a string of major decisions by the New Jersey Supreme Court that indicate that New Jersey might no longer be the plaintiffs' jurisdiction of choice. We date this sea change from the Supreme Court's decision in Thiedemann v. Mercedes-Benz USA, LLC, 872 A.2d 783 (N.J. 2005), in which the court refused to allow consumer fraud actions in the absence of real, out-of-pocket damages: The ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
17 Jun, 2008 1:00 pm by Bruce Nye
... fees to the plaintiff. And if it's a scenario (tort, statute, contract, whatever) where the prevailing defendant can recover fees, then the defendant gets post-offer fees. That's the decision in Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, and more recently, Duale v. Mercedes-Benz USA, LLC (2007) 148 Cal.App.4th 718.
Cal Biz Lit - http://www.calbizlit.com/cal_biz_lit/
11 Jul, 2008 4:30 am
... : (Patent Appeal Tracer), Finance Express - Regressive search engine advertising ruling in Finance Express LLC v NowCom Corp: (Technology & Marketing Law Blog), Furstenberg - Diane von Furstenberg sues ... lawsuit proceeds: MDM Group Associates, Inc v Emerald Isle Realty, Inc: (43(B)log), Mercedes-Benz USA - WordLogic files patent infringement lawsuit against Mercedes-Benz over car navigation systems: (Philip Brooks), Microsoft - Gotiut Media files patent infringement suit against Microsoft over ...
IP Thinktank - http://duncanbucknell.com/blog
15 Feb, 2008 9:00 am
... ), "BRICS and their Role in Access to Essential Medicines": (Spicy IP), Patent reform in the USA, happy pharma companies in India: (Spicy IP), Generics capture 65% of US markets as ... North America, Ford Motor Company, Volvo, Hyundai Motor America, Mercedes Benz USA and Fuji Heavy Industries USA, over auto safety products: (IP Law360), Bayer ... PLI), N-Data - FTC votes 3-2 to accept a settlement with Negotiated Data Solutions LLC (N-Data): (IP Law360), Network-1 - Network-1 files lawsuit against Cisco ...
IP Thinktank - http://duncanbucknell.com/blog
21 Jul 8:39 am by WIMS
... Peugeot, Subaru, Suzuki and Toyota. Similarly, the Alliance of Automobile Manufacturers (Alliance), representing 11 vehicle manufacturers including BMW Group, Chrysler Group LLC, Ford Motor Company, General Motors, Jaguar Land Rover, Mazda, Mercedes-Benz USA, Mitsubishi Motors, Porsche, Toyota and Volkswagen; also opposes the waiver. The Alliance said specifically, "The Alliance asks EPA to deny ...
eNewsUSA - http://enewsusa.blogspot.com/
1 Sep 1:24 am
... AG, according to the opinion, because the parent corporation does not have "pervasive and continual control" over subsidiary Mercedes Benz USA. The circuit court noted that the appellants could file claims in Germany and Argentina. Prosecutor in Taping Probe Pops Up in Washington ... up 70 percent of her time. Visit the Career Center About Incisive Media | About Law.com | Customer Support | Privacy Policy | Terms & Conditions Copyright 2009. Incisive Media US Properties, LLC. All rights reserved.
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
19 Mar, 2008 10:31 am by Andis Kaulins
... K-Rock 1607 Lexus 1411 Lincoln Mercury 1413 Mazda North American Operations 1515 Mercedes-Benz 1424 Milner Motors 1613 Mitsubishi North America 1426/1427 Newport RI ... 603 Saturn 404 Smart Car 602 Toyota Motor Sales, USA, Inc. 206 Volvo Cars of North America, LLC LEVEL 4 Booth Company 4610 AB Tees F ... or fiercest competitors." There are many useful graphs and studies, including political events in the USA, e.g. Popularity in Politics, but note that we are talking about media popularity there, which ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
         
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