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3 Mar 8:02 pm
... , the parties settled. On Feb. 24, the parties filed a Consent Judgment memorializing X On Wireless' agreement not to resume any use of its
now-abandoned X ON mark. The judgment permanently enjoins ... name, word, term, or domain name that incorporates "X ON." So why did X On Wireless adopt X ON as its trademark in the first place? To trade on Exxon's goodwill is my guess. ... Exxon's famous, fanciful mark? The case cite is Exxon
Mobil Corp. v. X On Wireless Corp., No. 08-5652 (W.D. Wash. Feb. 24, 2009 ...
3 Nov, 2008 2:25 am
Plaintiff Exxon Mobil Corp. is the giant oil company. Defendant X On Wireless Corp. is a Vancouver, Wash.-based company that
helps others expand their business presence in South Asia. On Oct. 27, Exxon sued X On in the Western ... ON in Classes 9 and 35 for electrical and business consultation, and in Class
42 for electrical, mechanical, and energy technologies. In May, Exxon petitioned to cancel the registration. The case cite is Exxon Mobile Corp. v. X On Wireless Corp., No. 08-5652 (W.D. Wash.).
23 Nov 5:00 am
On Thursday, November 19, 2009, the Supreme Court issued a "grant and hold" order in Yabsley v. Cingular Wireless, no. S716146, "pending
consideration and disposition of a related issue in Loeffler v. Target Corp., S173972." (Hyperlink added.) Here is the statement of the issue: Does article XIII, section 32 of
the California Constitution or Revenue and Taxation Code section 6932 bar a consumer from filing a ...
29 Oct, 2007 9:11 pm
... , based out of New York (so is GPC). Their lawsuit against Cingular Wireless is going to trial on December 4 in Marshall with Judge Clark.
Maybe Cingular is happy to ... Otis Carroll. Mayer Brown, with its own passel of local counsel in tow, represents Cingular Wireless. Basically,
everyone involved with this trial is from New York or New Jersey. Which makes ... to Eastern Texas for a month. That's just my first look at General Patent Corp. There's so much
more, given their history of enforcement. But ...
21 Sep, 2007 6:00 am
... , the Ninth Circuit affirmed class certification of a UCL "unfair" prong claim in Lozano v. AT&T Wireless Services, Inc., ___ F.3d ___
(9th Cir. Sept. 20, 2007). I have not ... 382, 400 (Cal. Ct. App. 2007) (citing Korea Supply Co. v. Lockheed Martin Corp., 131 Cal. Rptr. 2d 29, 42 (2003)). Here, Lozano has a
vested interest in 400 ... the pre-Cel-Tech formulation set forth in South Bay Chevrolet v. General Motors Acceptance Corp., 72 Cal.App.4th 861 (1999) (and other cases). Slip op.
at 12775-77. ...
20 Nov, 2007 3:52 pm
... ". Twenty-five years of being a Bill Gates acolyte by necessity rather than choice has given way to my joining the Apple Corps. Actually, I have been using IBM PC's, PC DOS,
Windows, Windows 98, 2000, etc. since 1983. Now I ... and will be sharing some of my experiences with folks here and elsewhere. My equipment includes the laptop MBP, a wireless keyboard (not the chiclet type), a wireless mighty mouse, an external WIDE flat screen monitor (with the
digital and not analog interface), an external ...
1 Jul, 2008 9:40 am
AT&T Wireless Services, Inc. ("AWS") recently filed a noteworthy reply brief in an ongoing D&O insurance coverage dispute between an
AIG subsidiary and AWS over ... AWS executives who served on the board of TeleCorp PSC, Inc. ("TeleCorp"), an AWS subsidiary. AT&T Wireless
Services, Inc. v. Nat'l Union Fire Ins. Co. et. al, No. 54- ... of the first argument, AWS cites to last year's ruling in AT&T Corp. v. Clarendon Am. Ins. Co., 931 A.2d 409
(2007), where the court held that insurance ...
24 Aug 6:00 am
In Yabsley v. Cingular Wireless, LLC, ___ Cal.App.4th ___ (Aug. 19, 2009), the Court of Appeal (Second Appellate District, Division Six)
affirmed a judgment following an order sustaining the defendant's demurrer without leave to amend. ... " or "deceptive" even if not "unlawful" and vice versa.' " Cel-Tech, 40 Cal.4th at
180 (quoting Podolsky v. First Healthcare Corp., 50 Cal.App.4th 632, 647 (1996)) (emphasis added). In other words, it is not correct to say that the only "legally protected
interest" ...
12 Oct, 2007 5:15 am
In re InfoSonics Corp., 2007 U.S. Dist. LEXIS 66043 (S.D. Cal. Sept. 4, 2007) involves a derivative lawsuit brought by the shareholders of InfoSonics Corporation against the
Board of Directors and several officers arising out of claims of backdating. Incorporated in Maryland but based in California, InfoSonics provides wireless handsets to Latin America and the United States. Plaintiffs alleged, among other things, that Defendants breached their fiduciary duties and ...
14 May, 2008 7:52 am
Yahoo is in talks with Time Warner on an agreement to combine operations with AOL Internet, while News Corp. Is in talks with Microsoft to jointly bid for Yahoo. The possible
agreement between Yahoo and AOL is a proposal to frustrate the bid by Microsoft to Yahoo. Both companies are looking to power cellular cell-phone based mobile services for their search
engines. Yahoo plans to provide shareholders with a plan to move forward without Microsoft triple. The plan would also include a Yahoo stock ...
17 Sep, 2008 1:00 pm
In McKee v. AT&T Corp., ___ P.3d ___ (Wash. Aug. 28, 2008), the Supreme Court of Washington refused to enforce a no-class-action arbitration clause, finding it substantively
unconscionable. A tidbit: "Courts will not be easily deceived by ... attempts to unilaterally strip away consumer protections and remedies by efforts to cloak the waiver of important
rights under an arbitration clause." Slip op. at 35; see also Scott v. Cingular Wireless, 161 P.3d 1000 (Wash. 2007). [Via
ClassActionBlawg.com]
25 Oct, 2008 12:18 am
... limited exclusion order barring import of Qualcomm chips found to infringe Broadcom's patent to downsteam products: Kyocera Wireless
Corp v International Trade Commission (Managing Intellectual Property) CAFC: Intent to deceive inferred: Praxair v ... - Tesseron asks court to drop patent suit against Konica
(Law360) Traffic Information - Traffic Information accuses wireless communication companies, including Motorola and Samsung, of infringing
their traffic-detection system patents (Law360) Tyco ...
24 May 11:37 pm
... , representing a clear disavowal of claim scope." Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1325 (Fed. Cir. 2002). LizardTech was cited: In LizardTech, lnc. ...
case to the ITC with instructions that the ITC modify its LEO to comport with this court's decision in Kyocera Wireless Corp. v.
International Trade Commission, 545 F.3d 1340 (Fed. Cir. 2008). This court in Kyocera Wireless held that the ITC lacks statutory authority to
issue a LEO that excludes imported products by entities not ...
15 Oct, 2008 8:04 pm
On Tuesday, October 14, 2008, the United States Court of Appeals for the Federal Circuit issued a decision in Kyocera Wireless Corp. v.
ITC, a decision relating to the appeal of the United States International Trade Commission's (ITC) ... all downstream products containing the accused technology. Aside from Qualcomm,
the long list of appellants in this action are Qualcomms customers. Some customers are wireless device manufacturers whose products are
subject to the LEO. Others are wireless network ...
15 Oct, 2008 8:04 pm
On Tuesday, October 14, 2008, the United States Court of Appeals for the Federal Circuit issued a decision in Kyocera Wireless Corp. v.
ITC, a decision relating to the appeal of the United States International Trade Commission's (ITC) ... all downstream products containing the accused technology. Aside from Qualcomm,
the long list of appellants in this action are Qualcomms customers. Some customers are wireless device manufacturers whose products are
subject to the LEO. Others are wireless network ...
21 Oct, 2008 4:17 pm
... most recent dispute between Qualcomm and Broadcom. The case involved alleged infringement of one of Broadcom's patents relating to chips for wireless communication, specifically directed toward power saving technology. Although Qualcomm was the only respondent in the proceeding, the ITC issued ...
exceeded its authority in issuing an LEO for downstream products against parties who are not brought as respondents in this case. More on Kyocera Wireless Corp. v. Int'l Trade Comm'n after the jump. [More]
15 Oct, 2008 10:48 pm
Case: Kyocera Wireless Corp. v. International Trade Commission, Fed. Cir. No. 2007-1493, -1494, -1495, -1496, -1497, -1498, -1499,
-1514, -1573; 2008-1004, -1009, -1010, -1012, -1013, -1015, -1018, -1019 ( ... ITC's finding of inducement to infringe was vacated because the ITC did not make a finding of specific
intent to infringe as required by the decision in DSU Med. Corp. v. JMS Co., 471 F.3d 1293, 1306 (Fed. Cir. 2006), that was issued after the ITC hearing. The matter was ...
16 Oct, 2008 11:11 am
In Kyocera Wireless Corp. v. International Trade Commission (October 14, 2008), the Federal Circuit vacated and remanded the ITC's
determination of induced infringement for failing to examine whether Qualcomm's conduct satisfied the specific intent ... ; Mfg. Co. v. Chemque, Inc., 303 F.3d 1294, 1304-05 (Fed. Cir.
2002) (citation omitted). In DSU Med. Corp. v. JMS Co., this court clarified en banc that the specific intent necessary to induce infringement "requires more than just intent to
cause the ...
17 Jul 12:21 am
... County, California. The FTC also filed a separate complaint against a set of entities based in San Diego County, California, who worked closely with the Castro Entities to
perpetrate the scam. The entities named in that complaint, Edward Bevilacqua, Bikini Vending Corp., 360 Wireless Corp., and
MyMart, Inc., agreed to settle the FTC's charges and have been banned from selling any business venture or franchise in the ...
13 Jul, 2007 4:26 pm
... , that this will affect many of the software EULA's currently in force here. The newspaper articles suggested that this decision might lead the way for other states to follow suit.
The case was titled Scott v. Cingular Wireless Corp., No. 77406-4. Hon. Tom Chamber wrote for the majority. Representing the petitioner,
Scott, was Douglas S. Dunham of Seattle's Crane Dunham, Stephen Joel Crane, and Steven Gary Rosen. Local counsel for ...
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