Search for: "Direct Purchaser Plaintiffs, interested parties"
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31 Oct 2016, 2:40 pm
Many consumers considering the purchase of goods or services will search for information about a company prior to purchasing good or services by entering the name of the provider into a search engine. [read post]
31 Oct 2016, 6:18 am
The Ninth Circuit’s test: “[F]irst, there must be some effect on American foreign commerce; second, the effect must be sufficiently great to present a cognizable injury to plaintiffs under the federal statute; and third, the interests of and links to American foreign commerce must be sufficiently strong in relation to those of other nations to justify an assertion of extraterritorial authority. [read post]
27 Oct 2016, 8:48 am
Based on these investigations, OCR concluded that while OHSU initially adopted HIPAA Policies, the reported breaches were the result of a series of widespread and ongoing breaches of HIPAA resulted including the following: From January 5, 2011, until July 3, 2013, OHSU disclosed the ePHI of 3,044 individuals in violation of Privacy Rules §§160.103 and 164.502(a) when workforce members disclosed the ePHI to a third party internet-based service provider without obtaining a business… [read post]
24 Oct 2016, 6:44 am
First, he claimed that the Lanham Act claim could not be brought because he was not a direct competitor of Casper. [read post]
24 Oct 2016, 6:44 am
First, he claimed that the Lanham Act claim could not be brought because he was not a direct competitor of Casper. [read post]
24 Oct 2016, 3:19 am
In light of that election, the Court stays the dissolution proceeding and will set the matter down for a hearing to determine the fair value of Plaintiff’s shares in Mana, to facilitate Feldman’s purchase of those shares as the parties are unable to agree on the value of the shares. [read post]
17 Oct 2016, 7:03 am
But not all third-party uses have equal weight. [read post]
17 Oct 2016, 6:34 am
ELI itself suffered damage from this—its diminished ability to protect its interest in the marks in this very suit and Kunze’s post-sale attempt to register the marks on his own behalf—but the purchasers didn’t establish damage in their own rights. [read post]
14 Oct 2016, 8:16 am
Not much interest in that at oral argument, but an understandable definition of article of manufacture could accomplish much of the same goal in many cases where design patents are for small elements of an overall product.A few other points about article of manufacture: figuring out the defendant’s article of manufacture as the measure of total profits might theoretically differ from the plaintiff’s article of manufacture [read post]
9 Oct 2016, 8:43 pm
LeadClick also purchased advertising space on real news sites for its affiliates to use. [read post]
6 Oct 2016, 2:33 pm
To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, or FEDERAL Recent Decisions of Interest. [read post]
29 Sep 2016, 5:08 pm
I welcome guest post submissions from responsible parties on topics of interest to this blog’s readers. [read post]
26 Sep 2016, 4:45 am
(“LMT”), is a digital marketer that had hired the plaintiff Silverpop Systems, Inc. [read post]
19 Sep 2016, 12:40 pm
Given its directive to oversee the safety of approximately 130 million workers at over 8 million separate job sites, this leaves each agent theoretically responsible for the safety of roughly 59,000 workers. [read post]
16 Sep 2016, 8:30 am
MacPherson would not have had a case against Buick, since Buick had no direct dealings with Mr. [read post]
14 Sep 2016, 12:06 pm
He was able to tell us about the fight and pointed us in the direction of the pawn shop that sold the equipment. [read post]
12 Sep 2016, 12:33 pm
It’s true that SPD will have to get the FDA’s permission to change its label, but this isn’t a preemption case, and preclusion involves different interests. [read post]
10 Sep 2016, 2:16 pm
That’s a lever point for change in multiple different directions. [read post]
9 Sep 2016, 12:17 pm
., Real Parties in Interest) (2016) ___ Cal.App.5th ___, 2016 WL 9540085. [read post]
6 Sep 2016, 6:12 am
Also, proximate causation failed in BBB in part because the lack of sufficient overlap between the parties’ customers; here, “[t]he overlap between plaintiff’s and defendants’ prospective customers in this case is much tighter and arguably 1:1. [read post]