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6 Feb, 2007 10:42 pm by Mark Reichel
... Apple Corps Ltd. sued Apple Computer Inc. (now Apple Inc.) for infringement of its green Granny Smith apple trademark. Apple Corps Ltd. was founded in 1968 by The Beatles, ... Starr, Yoko Ono (John Lennon's widow), and George Harrison's estate. According to the Apple Inc. press release (link below), Steve Jobs ( ... , and in a way that should remove the potential of further disagreements in the future." An agreement allowing Apple Inc. to include The Beatles songs on iTunes has not yet been announced. ...
Daily Dose of IP - http://dailydoseofip.blogspot.com
2 Dec, 2008 4:21 pm by Phil
... on where they might locate information on the November 26, 2008 Markman hearing in the Eastern District of Texas between Opti Inc. and Apple Computer Inc. In the process of pointing him to Michael Smith's (a partner in the law firm of Siebman, Reynolds, Burg, Phillips & Smith, LLP) Eastern District of Texas Federal Court Practice blog, I realized I did not have this blog on my blogroll. I have corrected this oversight. ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
4 Dec, 2008 6:54 pm
... 's liability to those in privity with the attorney. McCamish, Martin, Brown & Loeffler v. Appling Interests, 991 S.W.2d 787, 792 (Tex. 1999 ... U.S. 949 (2001). Greenberg Traurig of New York, P.C. v. Moody, 161 S.W.3d 56, 89 (Tex. App.-Houston ... Industrial Transp. Co., 258 S.W. 462 (Tex. 1924); Kellum v. Smith, 18 Tex. 835 (1857). Common-law fraud includes both ... conspiracy are two separate claims with different elements of proof.); Days Inn Worldwide, Inc. v. Sonia Investments, No 3:04-CV-2278-D, 2006 ...
Shareholder Oppression - http://blog.shareholderoppression.com/
11 Sep, 2008 2:28 am
... ice under the distinctive Pinkberry branding in a unique, cafe-style restaurant setting." Comparing its branding success to "the way that Apple Computers revolutionized the computer industry," Pinkberry asserts that it has revolutionized the yogurt business by offering a product ... has misappropriated Pinkberry's trade dress. Pinkberry is seeking an injunction, monetary damages, and forfeiture of signage. Reed Smith's Mark Wasserman (Falls Church, VA) filed the complaint on behalf of Pinkberry.
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
17 Jan 11:30 am by Michael Stevens
... Melbourne Mills. Check these out from December 10, 2008. 9:00 a.m.DIRECTV, INC., ET AL. V. TREESH, ET AL. (2007-SC-714-DG) "Taxation. Federal Preemption. ... Barr For Respondent/Cross Movant: Bruce P. Hackett 11:00 a.m. METHODIST HOSPITAL V. GILLIAM (2007-SC-817-DG) "Jurisdiction. Labor Law. Issues include whether a wrongful ... granted 4/16/2008 Pike Circuit Court, Judge Eddy Coleman For Movant: James U. Smith III, Kevin Michael Norris and Oliver Barrett Rutherford For Respondent: Lawrence R. Webster
Kentucky Cases - http://www.kycases.com/
9 Oct 12:24 pm by Michael C. Smith
Prust v. Apple Inc, No. 2:09cv00092 (10/7/09) Judge: T. John Ward 2009-10-07 Holding: Motion to Transfer Venue GRANTED Short and sweet result for defendant Apple. Judge Ward wrote that "[t]he plaintiff is in Minnesota, the defendant is in the Northern District of California, and the non-party witnesses are in Minnesota, California, Missouri, Illinois, New Mexico, Colorado, Montana, Georgia, and Florida. The plaintiff has failed to show greater convenience or a sufficient connection to ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
17 Nov 10:24 am by Barry Barnett
... RE: PLASMA-DERIVATIVE PROTEIN THERAPIES ANTITRUST LITIGATION Motion of plaintiff Hospital Damas, Inc., for centralization of the following actions in the United States District Court for the Northern District of Illinois: ... District Court for the Eastern District of Louisiana: Central District of California Aida Kamarian v. Apple, Inc., et al., C.A. No. 2:09-6590 Tim Williams, ... . No. 8:09-1529 Northern District of Florida Ben J. Smith, et al. v. Novartis Pharmaceuticals Corp., et al., C.A. No. 1:09 ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
22 Jan 2:06 am by Beck/Herrmann
... 2008 WL 2677048, at *4 (W.D. Ky. Jun. 30, 2008); Smith v. Wyeth, Inc., 2008 WL 2677051, at *4 (W.D. Ky. Jun. 30 ... ment (Third) of Torts, Products Liability) §9 (1998); accord id. at comment a (§9 "appl[ies] to commercial product sellers"). Nothing in Restatement §9 suggests that there could be actionable product- ... the extraordinarily burdensome nature of the proposed duty and its social cost. As explained in Castaneda v. Olsher, 41 Cal.4th 1205, 1219 (2007), in evaluating the social consequences of ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
30 May, 2007 9:45 am by Michael Smith
Premier Intern. Assocs. v. Apple Computer, Inc., 2007 WL 1520999(E.D.Tex. May 23, 2007) (NO. CIV.A. 2:05-CV-506) Judge: Chad Everingham Holding: Claims construction opinion
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
15 Mar, 2008 7:00 am
... v ASP Consulting Group: (Patry Copyright Blog), Orcas and statutory damages: Smith v NBC Universal: (Patry Copyright Blog), Fair Use Act threatens ... Goss International Americas - First in line: registration before litigation: Goss International Americas, Inc v A-American Machine & Assembly Co: (Intellectual Property Law Blog), ... services: (IP Law360), ZapMedia - ZapMedia media files patent infringement suit against Apple over iTunes: (Patent Prospector), (IP Law360), (Ars Technica), (Techdirt)
IP Thinktank - http://duncanbucknell.com/blog
28 Mar, 2008 6:00 am
... Full Federal Court considers the meaning of 'relevant to work in the relevant art': Ajinomoto Co Inc v Nutrasweet Australia Pty Ltd: (Mallesons Stephen Jaques), Society of Authors' ... £2.50 a year each in ITV sell-off: (IP finance), Beatles' company Apple Corp plans to take legal action against Feugo Entertainment in response to their proposal ... Court rejects Wal-Mart's trade mark infringement claims against Charles Smith over use of phrases including 'walocaust' and 'wal-qaeda' on parody t-shirts ...
IP Thinktank - http://duncanbucknell.com/blog
5 Dec, 2008 3:00 pm
... standard setting organisation and for litigation misconduct in failing to produce evidence: Qualcomm Inc v Broadcom Corp (IP Law Observer) (Patently-O) (Promote the Progress ... awaiting decisions (Hal Wegner) European Court of Justice' dilution ruling in Intel v CPM (IPKat) (Out-Law) (Class 46) (The IP Factor) (Hal Wegner ... Law360) US Copyright - Decisions Microsoft - Microsoft sues Colorado man, William Smith, and others of selling counterfeit copies of Microsoft software (ContentAgenda) US Trademarks ...
IP Thinktank - http://duncanbucknell.com/blog
20 Dec, 2008 3:00 am
... (IP Dragon) Shenyang Intermediate People's Court orders New Apple Concept Technology to pay Apple 400,000 Yuan in damages for trade mark infringement and unfair ... - Kinetic Concepts expands vacuum-assisted closure patent infringement suit against Smith & Nephew (Law360) Konica Minolta Photo Imaging - Konica's suit against ... Allegation of registration without certificate sufficient for copyright claim: Stereo Optical Co, Inc v Judy (Chicago Intellectual Property Law Blog) US Copyright - Lawsuits ...
IP Thinktank - http://duncanbucknell.com/blog
25 Jul, 2008 7:04 am
... name dispute concludes in complainant's favour: CS Lewis (PTE) Ltd v Richard Saville-Smith: (IPKat), (Ars Technica), (Out-Law), Norway chairs as Europe ... Bears and Strawberry Shortcake settling breach of contract lawsuit: (IP Law360), Apple - Motorola launches trade secrets suit against former executive who left to work ... SPS Technologies: (IP Law360), Muniauction - Adequate method claiming requirements: Muniauction, Inc v Thomson Corp: (Patent Docs), (ISinIP), Nelson - Claims construction order ...
IP Thinktank - http://duncanbucknell.com/blog
7 Nov, 2007 5:34 am
... ; Olivo special. 114) Digital Reg of Texas, LLC v. Hustler.com, Apple, Audible, Blockbuster, LEP, Inc., Macrovision, Microsoft, Playboy, and Sony (and one related ... , October 16. No, October 15. When was it "filed" again?). I posted on it here. Michael Smith also had a post on the case. I had thought there was a dueling jurisdictional battle. ... go to trial. I guess GM is #2. 118) VTran Media Technologies, LLC v. Comcast, Charter Communications, Time Warner Cable and Verizon Communications (Marshall, ...
Patent Troll Tracker - http://trolltracker.blogspot.com/
9 May, 2008 10:30 pm
... figurative trade mark registered by Unicaresoft: (Ars Technica), (Class 46) Canada Apple launches iPhone amid trade mark dispute: (Canadian Trademark Blog), DFAIT' ... Law360), Anonymous examiner rating site draws criticism: (IP Law360), What Adam Smith taught the founding fathers: (Patent Prospector) US Copyright House Judiciary Committee ... contentions not required for second accused product where claims identical: Juxtacomm Tech, Inc v Ascential Software Corp: (EDTexweblog.com), LG - LG, L-1 Identity ...
IP Thinktank - http://duncanbucknell.com/blog
3 Feb, 2008 10:42 pm by Naureen Amjad
... the pre-1990 interpretation. I strongly concur with the views of the Second Circuit Court Judge, Wesley, in AFSCME v. AIG.[33] The court opined that "an agency's interpretation of an ambiguous regulation made at the ... by the board instead of bringing forth their own. Cases like Stahl v. Apple Bancorp, Inc.[37] provide a key example of a board simply working around shareholders' ... 2, at 1750. [27] Blair & Stout, supra note 2, at 253. [28] Smith v. Van Gorkom, 488 A.2d 858 (Del. Sup. Ct. 1985) ( ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
9 Feb, 2008 10:05 am
... 2 on our list of the top ten worst court decisions of 2007, was the Missouri opinion Strong v. American Cyanamid - for a lot of reasons, including the court's allowance of thinly-disguised FDCA-based negligence ... much we knew. Apparently it's possible to get more than one bite at the transfer apple in Missouri. A few weeks later we found out that the second time was the charm, and the ... 295 F. Supp. 2d 439, 446 (D.N.J. 2003); Smith v. Wyeth-Ayerst Laboratories, Inc., 278 F. Supp. 684, 700 (W.D.N.C. ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
23 Dec, 2008 1:00 pm
... ten worst drug and medical device product liability cases in 2008: 1. Conte v. Wyeth, Inc., 85 Cal. Rptr.3d 299 (Cal. App. 2008). It's only an intermediate ... They lost both times. So the same lawyers, switching nominal plaintiffs, take a third bite at the apple in California state court. The trial court holds them to the result in their first chosen forum. ... s willing to certify their twice-rejected class. We blogged about Johnson here. 5. Smith v. Alza Corp., 948 A.2d 686 (N.J. Super. A.D. 2008). ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
18 Mar, 2008 10:36 pm by Gordon Smith
... " poison pill, which the Delaware Supreme Court invalidated in Quickturn Design Systems, Inc. v. Shapiro, 721 A.2d 1281 (Del. 1998). That effect would be to preclude a ... poison pill, but the Delaware Supreme Court's decision in Omnicare, Inc. v. NCS Healthcare, Inc., 818 A.2d 914 (Del. 2003) tells us that this is a distinction without ... Delaware judges would view it this way. * Can they take multiple bites at this apple? The merger agreement is not clear, but the calendar works against them, as each ...
Conglomerate - http://www.theconglomerate.org/
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