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22 May, 2008 10:05 pm
... the Westlaw federal database (federal district, appeals and Supreme Court cases) for the term "trade secrets," which returned 905 cases for 2007. That was a 20% increase over
the number of ... of curiosity, I searched Lexis' "MD Federal & State Cases, Combined" database for "trade secrets" and found 7 reported cases in 2007, compared to 14 in 2006
(not ... actual trade secret cases): Phoenix Renovation Corp. v. Rodriguez, 2007 U.S. App. LEXIS 29253 (4th Cir. 2007) (unpublished) GO
Computer, Inc. v ...
15 Sep 11:55 am
... a federal district court in Arizona recently granted a franchisee's motion to compel arbitration in a trade secret and breach of contract dispute with its franchisor. Apart
from its colorful facts, the court's ... arbitration clause." Id. (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 624 n. 13 (1985)). The court
found that ... only one party is substantively unconscionable. See id. (citing Wernett v. Serv. Phoenix, LLC, 2009 U.S. Dist. LEXIS 62593 at
*26-28, 2009 WL ...
18 Dec, 2006 12:29 pm
The SEC (Securities and Exchange Commission) was granted summary judgment in its action charging the principal of 800America.Com Inc., a supposed Internet retailing venture, with
securities fraud and other violations. The judge, however, refused to impose penalties on ... located in Chicago, New York, San Francisco, Houston, Dallas, Phoenix, New Orleans, and Mexico City. Related Web Resource: Trading Suspension of 800America.com Inc., Securities Exchange Act of 1934, Release
No. 46820 / November 13 ...
7 Jul 7:39 am
... Fraud and Abuse Act ("CFAA") should, and likely will, be applied against employees who leave with trade secrets or other proprietary / confidential information for use at
their new jobs: The Computer Fraud and ... , we conclude that civil relief is available under § 1030(g). P.C. Yonkers, Inc. v. Celebrations the Party & Seasonal Superstore,
LLC, 428 F.3d 504, ... Supreme Court has torn down both of these barriers. See Bridge v. Phoenix Bond & Indem. Co., 128 S. Ct. 2131, 2145
(2008)(eliminating ...
7 Aug 3:43 pm
... U.S. Court of Appeals for the Second Circuit sent a long-pending trade secrets case, Jasco Tools, Inc. v. Dana Corporation, Appeal No. 08-2762-bk ... . v. Zenith Radio
Corp., 475 U.S. 574 (1986) as applied to trade secret conspiracy claims. (Slip Op. at 53-55.) Dana cited Matsushita for ... the application of this theory because (1) Matsushita
involved antitrust claims, not claims of trade secret misappropriation; (2) Matsushita involved a situation where the actions were "economically senseless parallel ...
23 Jul, 2007 6:01 pm
"Helping the Government serve the People" is the tagline of Virginia based Maximus, Inc., latest corporate citizen entangled in a Medicaid fraud scam. Unfortunately, this company
needs a new tagline. The DOJ announced today that Maximus has agreed ... a rosy forecast for 2007. Today the Maximus stock closed at $42.05, only down a slight 5% from earlier
trading. I wonder, how they will project next year's forecast, in wake of this scandal. It is a scandal, because the good name of this organization ...
10 Sep 3:24 am
... rule when it hired Richard Levin. Levin comes with a great deal of experience as the former GC of BIDS Trading, and one who helped launch EquiLend Holdings. See Corporate
Counsel for more on this story. Guardian ... Company, serving as general counsel of Connecticut Mutual Life Insurance Company, and general counsel of Phoenix Companies, Inc. See Corporate Counsel for more on this story. Brunswick Corp. Names Kristen Coleman as General Counsel. Who says you can't go
home again? Coleman did after she ...
22 Feb, 2008 6:00 pm
... and SAP AG into mediation to resolve their trade secrets feud: (IP Law360), Phoenix Solutions - Phoenix Solutions sues DirecTV Group, alleging that interactive ... Law360), Sanofi-Aventis - Sanofi-Aventis files suit against Safety Syringes Inc in
attempt to defend itself against patent infringement allegations that are part of a different lawsuit ... resolves a patent suit Smith & Nephew Plc filed against Synthes Inc.
in 2002 and dissolves a 2006 injunction: (IP Law360), Sony Computer Entertainment ...
20 Jul 2:00 am
... the grace period of the parent application: Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd (Mallesons Stephen Jaques)
Innovation patents: FCAFC rules ... IP Watchdog) Patent arbitration resource - 'Rules for Non-Administered Arbitration of Patent & Trade Secret Disputes' (IP ADR Blog) Patent
application pendency: Percent of applications ... mark for identical goods: J L Pennington v GITZIT, Inc (not precedential) (TTABlog) US Trade Marks - Lawsuits and
strategic steps Dana-Farber ...
22 Jan, 2007 4:35 am
... . Working through the Retail Industry Leaders Association ("RILA"), a trade association of which Wal-Mart Stores, Inc. is a member, the RILA filed a lawsuit for
declaratory and injunctive relief ... -Mart 2006 Annual Report: Building Smiles, at 53, available at http://investor.walmartstores.com/phoenix.zhtml?c=112761&p=irol-govhighlights (last visited Dec. 16, ... 31. And the form is vestigial. See, e.g., Tahoe-Sierra Preservation Council,
Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002). ...
12 Jan 7:06 am
... recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap
agreement (as defined in section 206B of the Gramm- ... cases involving mail or wire fraud as the predicate acts. See Bridge v Phoenix Bond
& Indemnity Co., 128 S. Ct. 2131 (2008). But ... t exist. For example: Commercial impracticability. In Hoosier Energy Rural Electric Co-op, Inc. v. John Hancock Life Ins.
Co., 2008 WL 5068649 (S.D. ...
20 Mar 12:41 am
... fraud. The indictment also seeks approximately $15 million in forfeiture from Mr. Offill. The indictment charges that Offill and a Phoenix
attorney David Stocker (who has already plead guilty and issued a legal opinion that that pump and ... a method to evade federal securities registration requirements in order to provide
co-conspirators with millions of unregistered and "free-trading" shares of nine companies' common stock that the co-conspirators could not have otherwise legally obtained. The
...
28 Dec, 2007 1:00 am
... reform: just found on pharma's radar???: (IPBiz), Sinorgchem v. International Trade Commission and Flexsys America: CAFC instructs the ITC on claim construction: (IPBiz), ...
(Peter Zura's 271 patent blog), Burden of proof in profit claims: Phoenix Renovation Corporation v. Rodriguez (Patry Copyright Blog), KSR and
the doctrine of ... celebrity endorsement claims under the Lanham Act in Lewis v Marriott International Inc.: (43(B)log) Qwest Communications - Qwest settles patent litigation
with Ronald A ...
8 Apr 1:43 pm
... expect the Supreme Court will say yes. * MDY Industries, LLC v. Blizzard Entertainment, Inc., 2009 WL 223631 (D.Ariz. Jan. 28, 2009). The latest ruling: "Plaintiff ... for
any of the defendants. To compare how favorable this is for the defendants, see my 2004 analysis of warez trading sentences. * Apple v. Psystar, No. C 08-03251 WHA (N.D. ...
presumably only for the "limited" remedy of declaring Apple's copyrights unenforceable). * Capitol Records, Inc. v. MP3tunes, LLC, 2009 WL 637102 (S.D.N.Y. March ...
12 May 12:52 pm
... Schaumber participated.) Charges filed by Susan Strickland, an individual; complaint alleged violations of Section 8(a)(1). Hearing at Phoenix, Aug. 26-28, 2008. Adm. Law Judge Gregory Z. Meyerson issued his decision Dec. 1, 2008. *** Trade Fair Supermarkets (29-CA-28448; ... judge's
finding that the complaint allegations were not closely related to the charge allegations, citing Redd-I, Inc., 290 NLRB 1115 (1988) and Reebie Storage & Moving Co., 313 NLRB
510 (1993), ...
14 Feb 11:56 am
... particularly in light of the Supreme Court's decision last term in Bridge v. Phoenix Bond & Indemnity Co., 128 S. Ct. 2131 (2008).
Although ... because this case 'involves a conspiracy and joint efforts to monopolize and restrain trade.' . . . We agree with this analysis."). The criticism of this case and
others like it is that they essentially ... appeals decisions on this issue appear to point in different directions. In Epstein v. MCA, Inc., 179 F.3d 641 (9th Cir. 1999), the
Ninth Circuit adopted ...
23 Apr 4:15 am
Collective Brand Inc., operator of the well-known US discount shoe retailer Payless ShoeSource, is again under attack from German-based sporting apparel manufacturer adidas. ...
adidas persuaded an Oregon jury that Payless had wilfully infringed adidas' trade mark and trade dress in various sneaker designs, and was awarded over $300 ... AG and
Adidas Canada Ltd. filed a claim against Collective Brand Inc. in Federal Court. In Canada, adidas' action will hinge on Payless' alleged infringement of the rights ...
16 Apr, 2008 1:44 am
... Act litigation, consumer class action defense, representation of clients in advertising substantiation proceedings and investigations conducted by the Federal Trade
Commission and state attorneys general, and representation of challengers and advertisers before the National Advertising ... limitations to bar certain plaintiffs from pursuing claims.
Last year, the Eleventh Circuit's decision in Phoenix of Broward, Inc. v. McDonald's Corp. granted McDonald's' motion to dismiss for
lack of prudential ...
2 Jun, 2008 2:52 am
... "You wrote a preview about one case, Klein & Co. Futures v. Board of Trade, No. 06-1265; a post on Exxon Shipping Co. v. Baker, No. ... this month (calendar here):
Standing for assignees. In Sprint Communications v. APCC Services, Inc., No. 07-552, payphone owners found a nifty way to sue -- or, more accurately ... the plaintiff herself do
the relying? The Court will tell us when it rules in Bridge v. Phoenix Bond & Indemnity. Exhausting those patents. The doctrine of patent
exhaustion holds that ...
21 Nov, 2008 1:36 pm
... applicable to a 'parent patent' is different to that of its divisional 'child': Mont Adventure Equipment v Phoenix Leisure Group (IP Down
Under) Design valid but not infringed ... back on the legislative agenda (Michael Geist) Speech from the Throne on competition, copyright and trade (Excess Copyright) Industry
Minister Tony Clement on copyright reform (Michael Geist ... Spicy IP) Dispute between Bisleri and Coca-Cola over 'Maaza' trade mark ends up in Delhi High Court (Spicy IP)
Geographical indications ...
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