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20 Dec, 2007 1:01 pm
For the JLR, this is a rather strange pleading. In October 2007, the JLR filed a complaint against Philip Woolston, Steve Jobs, and Apple Computer, Inc. for "Sexual
Harassment With Apple Gadgets." Then, in November 2007, the JLR filed a "Motion to Withdraw Case." The following is from the motion: Comes now the Plaintiff, [...]
2 Oct 4:26 pm
... the Order, ALJ Gildea denied: (1) respondents Asustek Computer, Inc.'s, Asus Computer International's, and Monolithic Power Systems, Inc.'s
(collectively, "Respondents") motion to strike the rebuttal expert report of complainants O2 Micro ... prevent him from testifying at the
evidentiary hearing about the contents of his report; and (3) O2 Micro's motion for summary determination as to the invention date of one of
the asserted patents in the investigation and to strike any portions of any expert ...
12 Oct 11:38 am
In Honeywell International Inc. et al. v. Apple Computer, Inc. et al., C.A. 04-1337-JJF (D. Del. Oct. 5, 2009), Honeywell filed a motion to dismiss Defendant InnoLux without prejudice under Fed. R. Civ. P. 41, while InnoLux, in addition to previously filing a ... without prejudice would
prejudice the dismissed defendant weighed in InnoLux's favor. Id. at 6-12. Honeywell International Inc. et al. v. Apple Computer, Inc. et al., C.A. 04-1337-JJF (D.
Del. Oct. 5, 2009)
28 Aug 3:09 pm
... ") for review of an August 6 order issued by ALJ E. James Gildea denying Finnegan's motion to intervene for the purpose of enforcing the
terms of a retainer agreement in Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and ... Sony Electronic Inc. (collectively, "Sony"). Finnegan represents
respondents Monolithic Power Systems, Inc., ASUSTeK Computer Inc., and ASUS Computer International America (collectively, "MPS and ASUS") in the
investigation. Finnegan argued that Mercer has a ...
7 Sep 12:35 pm
... matter in Europe were completely unrelated. Discussion The Court summarized the arguments on which the instant Motion to Disqualify Howrey
was based, as follows: (i) Attorney conduct before the Court is governed by the Court's local ... .2d 1198, 1201 (3d Cir. 1980); Integrated Health Services of Cliff Manor, Inc.
v. THCI, Co. LLC, 327 B.R. 200, 204 (D.Del. ... that disqualification was never automatic (citing Elonex I.P. Holdings, Ltd. v. Apple Computer, Inc., 140 Second F.Supp. 2d
579, 583 (D.Del. 2001 ...
5 Oct 3:57 pm
... Inverter Circuits and Products Containing the Same (Inv. No. 337-TA-666). In the Order, ALJ Gildea denied a motion to compel filed by
Complainants O2 Micro International Ltd. and O2 Micro Inc. (collectively, "O2 Micro") seeking sales and/or importation data stored in the electronic systems of Respondents
Asustek Computer, Inc. and Asus Computer International (collectively, "ASUS"). In support of its motion, O2 Micro argued
that (1) ASUS did not provide an export of ...
22 Oct 5:14 pm
... part Complainants O2 Micro International Ltd. and O2 Micro Inc.'s (collectively, "O2 Micro") motion for summary determination that
the activities of Respondent ASUSTeK Computer Inc. ("ASUSTeK") satisfy the importation requirement of Section 337 and constitute ... Micro had put forward sufficient
evidence to satisfy the requirement. However, ALJ Gildea denied O2 Micro's motion with respect to "predicate elements of infringement" under
Section 271(a), noting that "35 USC 271 is a patent infringement ...
12 Dec, 2007 12:45 pm
... stated contained the responsive information that had been "wiped" from her work laptop computer. When defendant accessed the disk, however, it did not contain any emails.
Defendant ... were later improperly deleted. See Antioch Co. v. Scrapbook Borders, Inc., 210 F.R.D. 645, 652 (D.Minn.2002) (permitting ... reasonably may be otherwise unavailable
responsive information on either of those computers, defendant would be allowed to renew its motion, giving proper notice to the
owner(s). Similarly, the court ...
20 Mar 1:51 pm
... contempt and sanctions and granted plaintiff, Technical Sales Associates, Inc.'s ("TSA"), motion for sanctions for destruction of
electronic evidence. The court concluded that OSF deleted ... mirror image of OSF's system hard drive and each of two computers previously or currently used by OSF employee
Patrick Billups. Midwest was then to perform ... s motion for sanctions. OSF presented several arguments in its defense, including that if the
email ever existed it would have been on TSA's own computer, but ...
27 Jun, 2008 5:50 pm
... the third factor, the court determined that the provisions in the orders that require the forensic imaging of all computers containing responsive ESI constituted an abuse of
discretion. The court's analysis of this issue is ... , compelled the forensic imaging and production of opposing parties' computers. See, e.g., Ameriwood Indus., Inc. v.
Liberman, No. 4:06CV524-DJS, 2006 WL ... Balboa Threadworks, 2006 WL 763668, at *3; see also Balfour Beatty Rail, Inc. v. Vaccarello, No. 3:06-CV-551-J-20MCR, 2007 ...
3 Mar, 2008 6:00 am
... prayed for restitution and injunctive relief. In May 2006 the court granted the Puenteses' motion for class certification. In July 2006
Wells Fargo moved for summary judgment. It argued ... no net monetary benefit by using the uniform month. The Puenteses' reliance on Motors, Inc. v. Times Mirror Co. (1980) 102
Cal.App.3d 735 ... would also be costly and difficult for Wells Fargo to have one interest computation method for California that differs from the rest of the nation and Wells
Fargo's competitors ...
7 Jun, 2008 11:53 am
... case arose from "a contractual and trade secrets dispute between GWR Medical, Inc., a manufacturer and seller of various health-care products, and Hector M. ... defraud. GWR
v. Baez, supra. Section 1030(e)(1) defines a "computer" as an electronic, magnetic, optical, electrochemical, or other high speed data processing device ... 1030] . . . because
the CD-ROM does not meet the definition of a computer with ongoing access. The Defendant's Motion is Granted. . . . GWR v. Baez, supra.
Not being a technical ...
2 Jul, 2008 9:33 pm
... of June 12, 2007, the same morning a corporate officer of defendant arrived to "search" for responsive documents on the computer. In her deposition, the witness testified
that she ran the program because she was concerned that her personal information ... Rules of Civil Procedure that warrants the ultimate sanction of dismissal." Accordingly, the court
granted plaintiff's motion for default judgment, and ordered the clerk to enter judgment in favor of the plaintiff on certain claims and
against the ...
26 Nov, 2008 8:12 pm
... expressed his intent to re-file within three months. Several weeks later, Rock Oil filed a motion for the appointment of a neutral
computer examiner and for sanctions and contempt of court based on plaintiff's apparent spoliation of electronic computer ... where no order was in place. Specifically, it
noted that Holm-Waddle v. William D. Hawley, M.D., Inc., held that "an examination reasonably foreseeably destructive of evidence without notice to opposing counsel which does
result in destruction of ...
26 Aug 1:31 pm
... States v. Comprehensive Drug Testing, Inc., 513 F.3d 1085 (9th Cir. 2008)) determines that seized computer information needs limits under the "venerable" ... may
examine and segregate the data. The government must also agree that such computer personnel will not communicate any information they learn during the segregation process ...
party against whom no criminal charges have been brought, such a motion is in fact a petition that the district court invoke its civil
equitable jurisdiction. Id. at 324 ...
5 Jul 7:40 pm
... of privacy when using work owned information systems or computers in a policy or employee handbook. Nat'l Econ. Research Assocs., Inc. v. Evans, 2006 WL 2440008 ( ...
stop both active and passive deletion of data, the Court granted the Defendant's motion and ordered the Plaintiff to produce documents relating
to its document retention. See Rambus, ... his/her duties and obligations and (4) do not be afraid to use the Computer Fraud and Abuse Act to mitigate damage done by former
employers unauthorized ...
22 Jul 3:17 am
... strike in London-Sire Records, Inc. v. Arista Records LLC, Case No. 04-12434, holding that "[n]either the rules of evidence nor the Fourth Amendment ... IP information
transmitted by KazaA and recorded by MediaSentry is accessible to almost anyone with a computer. Even if viewed as an "interception" -- a characterization that the Court accepts
here only as a hypothetical ... under state or federal law. Id.; see also Order on Motions in Limine, Capitol Records Inc. v. Thomas-Rasset, Case No. 06-1497 (D ...
15 Jun 10:34 am
... unlawful under the conspiracy statute. The amendments specify additional circumstances under which computer crime related threats are unlawful. Furthermore, the amendments
did away with the requirement that the government ... caused the plaintiff to suffer at least $5,000 in damages survive motion to dismiss); HUB
Group, Inc. v. Clancy, No. 05-2046, 2006 WL 208684 ... Ninth Circuit Court of Appeals No. 03-50135, See Government's Motion for Reversal
of Conviction, pp. 5-6 (pdf)). These cases hold that no ...
7 Aug 1:30 pm
... (M.D. Fla. July 24, 2009) Defendant Thermal Engineering Construction Services, Inc. ("TEI") moved for spoliation sanctions alleging that plaintiff failed to adopt a proper
litigation hold procedure ... By that time, the information from Brody's computer had been automatically overwritten and could not be retrieved. Accordingly, TEI filed a
motion for sanctions and alleged that plaintiff's duty ... for May and June 2008. See Consol. Aluminum Corp. v. Alcoa, Inc., 244 F.R.D.
335, 345-46 (M.D.La.2006) ( ...
10 May, 2007 5:50 am
... Enforceable Plaintiffs filed a class action against Dell alleging defects in its notebook computers. Omstead v. Dell, 473 F.Supp.2d 1018, 1021 (N. ... defense motion, holding that the class action waiver did not invalidate the arbitration clause. Plaintiffs propose to litigate a class action on behalf of purchasers
of Dell notebook computers ... issues covered by the arbitration agreement." Omstead, at 1021 (citing Dean Witter Reynolds, Inc., v. Byrd, 470 U.S. 213, 218 (1985)). "The
role of the federal ...
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