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18 Jun, 2007 4:18 am
Rowe Int'l Corp. v. Ecast, Inc., No. 06 C 2703, 2007 WL 1438370 (N.D. Ill. May 14, 2007) (Kennelly, J ... , the inventors assigned plaintiffs any related patents or improvements
to the original application. Because the Progeny Patents were related to the parent patent, they were assigned to plaintiffs. And, ... , plaintiffs had standing to file suit.
Additionally, the Court noted that the express assignment of the Progeny Patents that plaintiffs received post-filing did not retroactively confer standing ...
2 Feb, 2008 2:00 am
... despite an objectively high likelihood that its actions constituted infringement of a valid patent." Depomed, Inc. v. Ivax Corp. (N.D. Cal. 2007) C.D. California: ... award
of attorney's fees…cannot stand." Broadcom Corp. v. Qualcomm Inc. (N.D. Cal. 2007) D. Massachusetts: "In determining whether infringement was willful, a court ... patent. This
was "hardly objectively unreasonable" as to whether there was a high likelihood of infringement. TGIP, Inc. v. AT&T Corp. (E.D. Tex. 2007) See previous ...
3 Jun, 2008 2:48 am
... much of Delaware's corporate law as well as the Delaware courts' approach to fiduciary duties. In re Caremark International Inc., Derivative Litigation exemplifies this
approach through its emphasis on monitoring and good-faith processes and procedures as ... intertwined. Caremark exemplifies the connections between procedure and substance in several
ways. For example, Caremark and its progeny shifted the focus from exculpable care claims to non-exculpable good-faith claims. It took several opinions ...
17 Jul, 2007 3:02 am
... that an employer with fewer than 50 employees within a 75 mile radius, could still find themselves "required" to grant FMLA leave, based on their conduct, even though not
technically within the coverage of the statute. Myers v. Tursso Company Inc. Many large companies have taken the position that they would treat all employees the same under the
FMLA, even though some might not technically qualify because of the 50 employees within 75 mile requirement. Their lawyers have often gone along, ...
7 Oct, 2007 9:35 pm
By Kevin E. Noonan -- The Federal Circuit last week clarified two frequently-disputed areas of patent prosecution: how to claim progeny of inventions that inherently
self-replicate, and how to appropriately fulfill both the written description and enablement requirements of 35 U.S.C. § 112, first paragraph, and at the same time...
8 Dec, 2007 6:30 pm
... and the Plant Patent Case One of our "unfavorite" cases in patent law is the "unobvious" Federal Circuit decision in Pioneer Hi-Bred International, Inc. v J.E.M. Ag Supply,
Inc., 200 F.3d ... 1374 (Fed. Cir. 2000), affirming Pioneer Hi-Bred Int'l, Inc. v. J.E.M. Ag Supply, Inc., 49 U.S.P.Q.2d 1813 (N.D. ... his donated semen - nothing
is more "human-made" than that - and thus to obtain patent rights to the progeny of that semen. For why should a hybrid "plant" have any greater patent rights than a new " ...
12 Feb, 2007 8:09 am
... execute the written collective-bargaining agreement embodying the final and binding agreement (for the employees of Jennings Distribution Inc. classified as drivers,
warehousemen, salesmen, and merchandisers) reached on Feb. 21, 2006, and presented by the ... , if so, whom they wish to represent them. The dissent contends that the Board in
Douglas-Randall and its progeny struck an appropriate balance between these interests, recognizing that the settlement of unfair labor practice allegations is a ...
12 Oct, 2007 9:14 am
... replacements in Kansas Milling, [97 NLRB 219, 225-226 (1951)], and its progeny. In those cases, the probationary employees were subject to discharge without cause, and ...
2007. [www.nlrb.gov] The Board found that employees of Surianello General Concrete Contractor, Inc. represented by Laborers Local 210, rather than those represented by Operating
Engineers ... (Members Schaumber, Kirsanow, and Walsh participated.) *** Berthold Nursing Care Center, Inc. d/b/a Oak Park Nursing Care Center (14-RC-12485; ...
25 Nov 11:19 pm
... who is wheelchair-bound by emphysema. The Broward Circuit Court jury assessed $56.6 million in past and future medical expenses against the company, part of Altria Group Inc,
as well as $244 million in punitive damages. The verdict is the largest of the so-called Engle progeny cases that have been tried so far, both sides said. Philip Morris will seek
further review of the verdict because of ...
7 May, 2007 7:11 am
... Supreme Court cases such as Graham v. John Deere Co. (1966) and its progeny, which set forth a "broad" obviousness inquiry and allow courts to consider "any ... further
analysis to those with eyeglasses even thicker than mine. United Haulers Assoc., Inc. v. Oneida-Herkimer Solid Waste Management Authority, 05-1345 In a decision sure ... AS did
not join), upholding the ordinance. The Court noted that in C&A Carbone, Inc. v. Clarkstown (1994), the Court had struck down a similar law that required all ...
29 Feb, 2008 2:58 am
Brian Higgins's Maryland IP Law Blog post about the progeny of In re Seagate, 497 F.3d 1360 (Fed. Cir. 2007), inspired me to do follow up posts identifying ... in light of KSR
because an element was missing from the prior art, regardless of what standard was used. Herman Miller, Inc. v. Teknion Corp., No. 05 C 2761, 2007 WL 2230042 (N.D. Ill. ...
non-liability and certain patents were removed from the suit. Lexion Medical, LLC v. Northgate Techs., Inc., No. 04 C 5705, Slip Op. (N.D. Ill. Jun. 8, 2007). ...
15 May 2:53 pm
... the court of appeal reversed, disagreeing with a contrary decision in Michael v. Denbeste Transportation, Inc. (2006) 137 Cal.App.4th 1082, 1093-1096: "After careful
consideration ... , 37 Cal.4th at p. 664; McKown v. Wal-Mart Stores, Inc., supra, 27 Cal.4th at p. 223; Hooker v. Department of Transportation, ... we make our own examination of
the public policy reasons cited by Privette and its progeny in support of those decisions, we find that those reasons are inextricably connected to the interplay of ...
25 Feb, 2008 3:14 am
Brian Higgins's Maryland IP Law Blog post about the progeny of In re Seagate, 497 F.3d 1360 (Fed. Cir. 2007), inspired me to do follow up posts identifying Northern District
cases discussing recent major IP decisions. The first looks at cases discussing eBay Inc. v. MercExchange, L.L.C., 126 S.Ct. 1837, 164 L.Ed.2d 641 ... 2006) (St. Eve, J.). --
Granting a permanent injunction in a case between competitors. Chamberlain Group, Inc. v. Lear Corp., No. 05 C 3449, 2007 WL 1017751 (N.D. Ill ...
4 Oct, 2007 12:30 pm
Monsanto Co. v. Syngenta Seeds, Inc. (Fed. Cir. 2007) Monsanto and its Dekalb subsidiary hold three patents covering Roundup-Ready Corn. 4,940,835 covers a GM gene that confers
glyphosate resistance ... it only stands if all three steps recited in claim 1 have been performed. In other words, the additional fourth step of obtaining progeny depends on the
performance of the process comprising the three steps recited in claim 1 for obtaining a fertile transgenic plant. Claim 4 contains each element of ...
26 Mar 1:20 pm
... deal protection provisions in the merger agreement. In particular, whether under Revlon v. MacAndrews & Forbes Holdings, Inc. (506 A. 2d 173, 182 (Del. 1986)), the
directors failed to obtain the best available price in selling the company. ... of one's duties that constitutes bad faith." When Exactly Do Revlon Duties Arise? In analyzing Revlon and
its progeny, the Court of Chancery determined that the directors must actively engage in the sale process, and confirm that they have obtained the ...
8 Feb, 2007 5:42 pm
... finding or admission that the employer actually engaged in the allegedly wrongful conduct. In reaching this conclusion, the Board overturned its prior decisions in Douglas-Randall,
Inc., 320 NLRB 431 (1995), Liberty Fabrics, Inc., 327 NLRB 38, ... and, if so, whom they wish to represent them. The dissent contends that the Board in Douglas-Randall and
its progeny struck an appropriate balance between these interests, recognizing that the settlement of unfair labor practice allegations is a meaningful ...
25 Aug 7:53 am
... lasted 4 days. Delaware's High Court confirmed that the U.S. Supreme Court decision in Daubert and its progeny are followed in Delaware regarding the admissibility of expert
evidence, and that Delaware Rule of Evidence 702 regarding expert evidence is based ... of expert evidence. The following quote from the Court's opinion is instructive: In Daubert v.
Merrell Dow Pharmaceuticals, Inc. (fn 5), the United States Supreme Court held that Federal Rule of Evidence 702 superseded the Frye standard for ...
17 Jul, 2008 6:48 pm
... the Board to support a single employer finding. The Board also found that the conduct of Cimato Brothers Construction, Inc., viewed as a whole, was insufficient to establish
that it voluntarily consented to be bound to the collective-bargaining agreements. The Board observed, for ... on remand, which applied the standards for supervisory status set forth in
Oakwood Healthcare, Inc., 348 NLRB No. 37 (2006) and its progeny, and found that three nurse manager employees are not statutory supervisors. ...
2 Sep 11:22 pm
... misrepresentation and fraud" claims that "are premised on false representations to the FDA. . .are clearly preempted"); Rosner v. Mira, Inc., 2004 WL 5519541 (N.Y. Sup. Oct.
18, 2004) (fraud on the FDA could not ... ), more or less blindly followed Medtronic Defibrillators in another pre-Riegel case. Given Riegel and its progeny, both of these are
probably dead letters, unless the Eighth Circuit does something unusual. Compare In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, ...
10 Nov 12:46 pm
... the statute through appropriate charter or bylaw provisions. In the leading case of the trilogy, BNS Inc. v. Koppers Co.,[15] Chief District Judge Schwartz began by
interpreting CTS ... Corp., 457 U.S. 624 (1982). [3] Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970) (citation omitted). The commerce clause of ... so too is the question of
how many prongs must be satisfied. Second, neither BNS nor its progeny solely operated within this framework. Finally, the second prong-whether the law gives one ...
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