Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

In Cho v. Seagate Technology Holdings, Inc., 177 Cal.App.4th 734 (Sept. 15, 2009) (which was handed down while I was away on vacation), the Court of Appeal overruled ... a class definition that is "precise, objective and presently ascertainable." ' " (Global Minerals & Metals Corp. v. Superior Court (2003) 113 Cal.App.4th 836, 858.) In the ... and the judgment will be res judicata on their claims. (See Global Minerals & Metals Corp. v. Superior Court, supra, 113 Cal.App.4th at p. 858; Hicks v. ...

... in order to, inter alia, attract capital and avoid insolvency." In re Authentidate Holding Corp. Sec. Litig., ___ F.Supp.2d ___ (S.D.N ... class action complaints, see In re Authentidate, at 2-3, including Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007), the district court turned first ... any Defendant that EPM revenues would be high; rather, the recommendation is premised on the nature of the technology and is expressly conditioned on an assumed, rather than a predicted, 'modest adoption rate.'" ...

... Action Without Leave to Amend because Second Amended Class Action Complaint Failed to Adequately Plead Scienter Third Circuit Holds Plaintiff filed a putative class action against Bio-Technology General Corp. (now known as Savient Pharmaceuticals) and three of its officers and directors for violations of federal securities laws by allegedly "making false and misleading statements about the corporation' ...

ONE TO WATCH: DATATREASURY CORP. - This holding company has decided to go strong with their patent portfolio, and has started suing big names in the finance industry. These lawsuits are becoming more common, with the targets being banks or others in financial services (for example, see Trading Technologies and the turmoil their patent are causing). The company, the DataTreasury Corp. of Melville, N.Y., has sued companies that it says have infringed on its two patents, ...

... a chance to recover for infringement. This compromises the economic incentive for inventors to provide valuable and useful technologies, making the practice of innovating in this sector a "far riskier endeavor." (See Zoltek's petition for cert., ... for these acts, while the federal government and its contractors are immune. Judge Plager's view - that this holding is an invitation to strategically practice patented processes so as to avoid the necessity of a license - certainly raises the question ...

... water inflow to levels attainable by closed-cycle recirculating cooling systems. Alternatively, a facility may demonstrate that the technology used will reduce adverse environmental impacts to levels comparable to those of closed-cycle systems. See 40 ... cost-effectiveness analysis). Chevron Analysis Now a Single Step? The Supreme Court reversed the Second Circuit, holding that the EPA's use of cost-benefit analysis was based on a reasonable construction of the Act and therefore was permissible ...

... opinion). While Lundgren appeared at first to close the chapter on patentable subject matter at the USPTO, the subsequent actions of the examining corps, the Nuijten case, and now Bilski, make clear that the Office is preparing to test the limits of §101 at ... one on an "abstract idea," and (2) distinguishing Lundgren by making the rather contorted argument that the abdication of the "technological arts" test didn't affect the requirement that claims possess some aspect of "technology": The Board ...

... Court for the Eastern District of Virginia over two companies foreign to the Commonwealth of Virginia. See Consulting Engineers Corp. v. Geometric, Ltd., --- F.3d ---, 2009 WL 738165 (4th Cir. Mar. 23, 2009). ... was sufficient to establish "minimum contacts" with Virginia, where it was located and where it brought the action, in part because of the heavy reliance on technology in the negotiation and execution of the NDAs. CEC also argued that the choice of law provision in NDA I indicated that the ...

... of issue dodging and a narrowly focused reading of the Patent Act, the Court of Appeals for the Federal Circuit (CAFC) has dodged the key issue in Aristocrat Technologies Australia PTY Ldt. v. International Gaming Technology, i.e., whether the ... , was a defense, even though that section does not specifically make it a defense, because, the court decided, to hold otherwise would render that prohibition of § 305 "meaningless." The CAFC panel concluded that the concerns addressed in Quantum did not ...

... infringement began) if both had been reasonably and voluntarily trying to reach agreement. Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970). Because of some eye- ... by giving Federal judges the flexibility to apply appropriate economic principles to the facts of each case, consistent with the business model or technology. To further ensure fairness in determining damages, judges should be given the explicit statutory authority and responsibility to identify all those ...