Posts tagged with: "litigation"
Results 1 - 20 of 112,745
Sort by Relevance
|
Sort by Date
24 May 2013, 10:32 am
South Bend, Ind. - Patent lawyers for Automated Products International, LLC ("API") of LaGrange, Ind. sued alleging that Norco Industries, Inc. ("Norco") of Elkhart, Ind. infringed Patent No. 7,134,711 (the "'711 Patent") which has been issued by the U.S. Patent Office.
The '711 Patent is directed to recreational-vehicle roof-support rafters. API alleges that Norco has been and is currently infringing the patent. API also asserts that through continuous marking of its products, it… [read post]
24 May 2013, 8:32 am
Noel Canning Brief Urges SCOTUS to Uphold D.C. Circuit Ruling: Ben James of Law360($$) writes that Noel Canning, the soda-bottler at the center of the NLRB recess-appointment controversy, has filed a brief with the United States Supreme Court urging the Court to affirm the D.C. Circuit's January ruling invalidating the President's recess appointments to the National Labor Relations Board. Interestingly, Noel Canning chose not to oppose the writ of certiorari because of the… [read post]
24 May 2013, 8:03 am
On May 7, 2013, the U.S. Court of Appeals for the Federal Circuit decided Baron Services Inc. v. Media Weather Innovations LLC. __F.3d __ (Fed. Cir. 2013). The plaintiff-appellant, Baron Services, appealed from a district court order that awarded summary judgment of non-infringement and attorney’s fees to Media Weather Innovations. The Federal Circuit vacated the [...] [read post]
24 May 2013, 7:54 am
For discovery to be useful in a case, it must be organized. One effective way to organize discovery is with an issue table. Issue tables are a way to keep track of the main issues, the elements of the claims and defenses, and the relevant evidence.
Issue tables are best explained with an example, so here’s a sample issue table designed for a simple negligence case. Of course, the issues you include in your table will depend on the facts and law governing your particular case.
Always review… [read post]
24 May 2013, 5:53 am
Whether you are Project Owner, a General Contractor or a Sub-Contractor, there are often times where a third party performs work or provides services or materials on your behalf for a project. If any issues with an entity or an individual that you hired to perform work are seen, it is very important that you carefully document these issues so you can protect yourself should a dispute develop in the future. Virtually every Construction Contract provides for remedies in the event of a… [read post]
24 May 2013, 4:40 am
Google's WebM/VP8 video codec faces three kinds of patent issues that make it unlikely to be adopted as an Internet standard anytime soon:While Google reached a license agreement with 11 companies that identified to MPEG LA patents they believe read on VP8, an open source community leader believes the license terms for implementers of the standard are irreconcilable with key aspects of software freedom and unworkable for open source. It's a FRAND-zero license: zero license fees, but other terms… [read post]
24 May 2013, 4:04 am
Many corporations call Delaware home because of its business friendly legal environment. It is an attractive place to incorporate a business, and it can also provide substantial court decision precedents for corporate disputes, making it more predictable as to what a Delaware court may do in deciding a disputed business matter as compared to states [...] [read post]
24 May 2013, 2:00 am
Beneficiary appeals decision to grant summary judgment in capacity to execute will and codicil case. [read post]
23 May 2013, 11:40 pm
Slang plays a large part in our daily lives. Keeping up with slang expressions can be a near impossible task. However, thanks to the Urban Dictionary website, that task is an easier one.
Urban Dictionary, started in 1999, is a “crowdsourced” collection of slang. Readers can submit slang words and definitions, and other readers can “vote” on whether to accept the definition or not. The site currently has 2.3 million definitions posted, and 30,000 new… [read post]
23 May 2013, 10:25 pm
A new rule to implement mandatory country of origin labeling (COOL) for muscle cuts of beef still put the U.S. out of compliance with the World Trade Organization (WTO)’s Agreement on Technical Barriers to Trade, say Canada and Mexico.
The final rule, issued by the U.S. Department of Agriculture Thursday, might mean Canada and Mexico can begin imposing retaliatory tariffs. The American Meat Institute, National Cattlemen’s Beef Association, National Chicken Council, National Pork… [read post]
23 May 2013, 9:48 pm
I just reported on Nokia's new RFID-related U.S. patent infringement lawsuit against HTC in the Southern District of California, which others also discovered (Bloomberg, Priorsmart). What others haven't noticed yet -- but will presumably notice later today -- is that Nokia has also filed a second ITC complaint against HTC. Unlike the San Diego complaint, the ITC complaint hasn't become publicly available yet, but on the ITC's electronic document system I found this list of confidential exhibits… [read post]
23 May 2013, 9:00 pm
Duty to submit exhibits
It can of course happen that it is not a plaintiff but the defendant or a third party who has the documents by which the plaintiff can prove the existence and extent of his claim. There is a separate procedure by which such documents can be demanded. This procedure, better known as the duty to submit exhibits of Section 843a of the Code of Civil Procedure requires several conditions which must be satisfied before the court can allow that claim (exhibitieplicht).
Many other… [read post]
23 May 2013, 8:37 pm
The Sixth Circuit split with the Second and Ninth Circuits today on what a plaintiff must plead under section 11 of the Securities Act of 1933 in cases that involve opinions, views, and other "soft" info.
The panel looked at a claim that Omnicare violated Section 11 by publicly stating its judgment that its drug-care services for people who live in long-term care complied with the law when in fact the services didn't comply. Omnicare argued on appeal that the district court rightly kicked the… [read post]
23 May 2013, 8:16 pm
On April 3 I explained that Google faced (at least) a double hurdle in its quest for a U.S. import ban against Microsoft's Xbox gaming console after a March 22 preliminary ruling on remand by an Administrative Law Judge. The remand initial determination found that Google had waived its indirect infringement arguments, but even if it had not, the outcome would have been the same: a dismissal due to a finding of no violation whatsoever.The Commission, the six-member decision making body at… [read post]
23 May 2013, 6:28 pm
Yesterday I wrote that Nokia's patent enforcement against HTC and ViewSonic was progressing, but not as fast as Nokia presumably thought when it brought the original complaints in the U.S. and Germany in late April 2012. Nokia appears to agree that it needs to unleash more patents from its vast portfolio in order to get HTC to settle: it filed a new complaint, over three patents (from the same patent family) related to RFIC (radio frequency ID), in the Southern District of California (this post… [read post]
23 May 2013, 1:24 pm
Today's issue of TL Answers contains these articles:
Ted Palmer, Better and Bigger Than Two Monitors
Stephen Rudman, Review: MailChimp
Todd Hendrickson, Review: Acrobat Pro for Bates Stamps and Redaction
Roy Greenberg, Tips for Using Dragon NaturallySpeaking
Don't miss this issue — or any future issues.
How to Receive TL Answers
Do you believe in the wisdom of crowds? In TL Answers, TechnoLawyer members answer legal technology and practice management questions submitted by their peers.… [read post]
23 May 2013, 12:48 pm
Anybody who has any involvement with Intellectual Property (“IP”) knows full well that protecting IP means a multi-step process. Obviously, step one is the conception of the invention, idea, trademark, trade name, or other innovation where protection might be necessary. Step two is the decision about what to do with the “new” idea, etc. in terms of the need to try for exclusivity on it –or not. Many “new” things do not need IP protection – and other… [read post]
23 May 2013, 12:29 pm
On Wednesday, the Vermont Attorney General’s Office brought suit against an alleged patent troll, MPHJ Technology Investments, LLC, for violation of Vermont’s Consumer Protection Act. The Vermont AG claims that the troll engaged in “unfair and deceptive acts” by sending numerous, threatening letters via a host of shell companies to small businesses and not-for-profit organizations in Vermont. The Defendant claims to have a patent on the process of… [read post]
23 May 2013, 12:21 pm
Approximately thirteen months after filing patent infringement lawsuits against HTC, ViewSonic and BlackBerry (then named Research In Motion), Nokia has a settlement with BlackBerry and an injunction it is enforcing against HTC to show. That's a decent -- but not stellar -- result at this stage. It looks like this effort may be more of a marathon than a sprint, especially when considering that few industry players currently have a license to any of Nokia's non-standard-essential patents, sitting on… [read post]
23 May 2013, 12:06 pm
Indianapolis, Ind. -- Copyright lawyers for Keystone Management Systems, Inc. f/k/a Keystone Builders Resource Group, Inc. ("Keystone Management") and Lockridge Homes-Indianapolis, LLC ("Lockridge"), both of Richmond, Va., filed a copyright infringement lawsuit alleging William Clyde Moore, Jr. ("Moore") and Carol Cooper ("Cooper"), d/b/a DrafTech, both of Indianapolis, Ind., infringed the copyrighted work "Birkshire II" (architectural work: 1-396-233; and technical drawings: VA 1-396-224), which is… [read post]