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4 Aug 2010, 10:47 am
(iv) the defendant’s use of the information is in direct competition with a product or service offered by the plaintiff. . .; and (v) the ability of other parties to free-ride on the efforts of the plaintiff or others would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened . . . [read post]
2 Aug 2010, 8:59 pm by Eric Schweibenz
., Limited of Hong Kong Shenzhen Shaki Industrial Co., Ltd. of China Pipedream Products, Inc. of Chatsworth, California Tenga Co., Ltd. of Japan Vast Resources, Inc. d/b/a Topco Sales of Chatsworth, California Convergence Inc. of Los Angeles, California E.T.C., Inc. d/b/a Eldorado Trading Company, Inc. of Broomfield, Colorado Gigglesworld Corporation of Wappingers Falls, New York Honey’s Place, Inc. of San Fernando, California Joe Enterprises, Inc. of Phoenix, Arizona… [read post]
2 Aug 2010, 11:15 am by Steven M. Taber
Both also allegedly failed to comply with pollution limits, install pollution monitors, and submit required reports. [read post]
2 Aug 2010, 1:25 am by Kelly
Tyco Healthcare Group, LP (Gray on Claims) District Court E D Virginia: Plaintiff’s counsel’s prior prosecution work concerning defendant’s accused products warrants disqualification: Sunbeam Products, Inc. v. [read post]
31 Jul 2010, 4:25 am by Lawrence B. Ebert
Of the literal infringement matter:To establish literal infringement, “every limitation set forth in a claim must be found in an accused product, exactly. [read post]
29 Jul 2010, 9:48 pm by David M. McLain
Tenth Circuit Court of Appeals certified the following question framed by the Greystone appeal to the Colorado Supreme Court for its consideration: "Is damage to non-defective portions of a structure caused by conditions resulting from a subcontractor’s defective work product a covered ‘occurrence’ under Colorado law? [read post]
29 Jul 2010, 6:48 pm
See Cat Tech LLC v. [read post]
29 Jul 2010, 5:00 am by Alpert Schreyer
Media is overwhelmed by the series of recalls as Johnson & Johnson has released limited information on the number of affected bottles. [read post]
26 Jul 2010, 9:08 am by Steven M. Taber
Process waters include waters from concrete production manufacturing operations such as vehicle and equipment cleaning, and concrete truck washout and can contain caustic chemicals that are toxic to fish and other aquatic life. [read post]
26 Jul 2010, 1:39 am by Vincent LoTempio
” Generally speaking, “Disability” under the ADA means a person with a physical or mental impairment that substantially limits one or more major life activities. [read post]
25 Jul 2010, 11:37 am by Brian Scott
Trademark Registration A trademark is any word, name, symbol, or device, or any combination thereof, that identifies to consumers the source of a product, and allows trademark owner to distinguish their products from the products manufactured or sold by others.Federal registration of your trademark confers several important advantages:Exclusive use of the mark for particular goods and services on a nationwide basis. [read post]
23 Jul 2010, 12:47 pm by Justin E. Gray
Approximately 30% of these 290 cases have been filed by only three plaintiffs:  Thomas Simonian (39), Promote Innovation, LLC (23), and Patent Group, LLC (23). [read post]
21 Jul 2010, 12:13 pm by Jeff Vail
"  In other words, it may be reasonable to move for limitation of discovery below the presumptive allowances for depositions, interrogatories, etc.- Additionally, a modified case management order is an ideal tool to set forth a timetable for matters not covered by the presumptive case management order, such as the disclosure of a log of privileged documents, to set forth the requirements of such a log, to address disclosure of electronically stored information, and to… [read post]
20 Jul 2010, 6:11 am by CMLP Staff
The case is part of a long-standing business dispute between Quixtar, Inc., successor to the Amway Corporation (which has since returned to that name), and Signature Management TEAM, LLC, which sells books, seminars, and motivational speaker appearances to the Independent Business Operators ("IBOs") that sell Quixtar's products. [read post]
19 Jul 2010, 3:37 pm by Steven M. Taber
Custom Air, LLC, of Louisville, Miss., was hired to spray Quilt fungicide over 120 acres of corn in a field owned by Jeff Sanderman, of Decorah, Iowa, on August 12, 2009, according to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan. [read post]
19 Jul 2010, 4:00 am by Peter A. Mahler
  In both cases, the First Department expressly distinguished Littman by limiting it to its particular facts. [read post]