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(Cal. App., Civil Procedure, Labor & Employment Law) In a claim brought by plaintiff on behalf of himself and other aggrieved employees against defendant employer-Verizon Wireless alleging various Labor Code violations, demurrer sustained in favor of defendant ruling that plaintiff’s lawsuit was barred by the doctrine of res judicata is reversed where the trial court abused its discretion in denying plaintiff leave to amend to state claims that accrued after the date of the earlier action.
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Wong Gen. Contractor v. The Lake Bank, N.A.
(U.S. 8th Cir., Banking Law, Civil Procedure) In a suit for failure to perform under a collateral transfer agreement, summary judgment for defendant is reversed and remanded where the suit is not barred by Minnesota’s credit-agreement statute of frauds since, although the collateral transfer agreement was an agreement to make a financial accommodation and therefore a credit agreement, plaintiff was not a debtor with respect to the agreement.
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(U.S. 9th Cir., Contracts, Entertainment Law, Food & Beverages, Intellectual Property, Media Law, Remedies) In a suit against an advertising agency seeking indemnification for damages entered against plaintiff in a suit based on plaintiff’s breach of an implied contract for using a third party’s Chihuahua character in advertising developed by defendant, summary judgment for defendant is affirmed where the evidence only showed fault for the previous liability on the part of plaintiff, thus defendant owed no duty to indemnify.
Visible Sys. Corp. v. Unisys Corp.
(U.S. 1st Cir., Attorney’s Fees, Government Law, Intellectual Property, Trademark) In a trademark infringement claim for reverse confusion, permanent injunction prohibiting defendant-Unisys from using trademarks or services of plaintiffs and damages award of $250,000 to plaintiff are affirmed over claims that: 1) the trial judge erred in not granting plaintiff a jury trial under both the Lanham Act and the Seventh Amendment on plaintiff’s claim for an accounting of defendant’s profits; 2) the court erred in tailoring the injunction too narrowly and in denying plaintiff attorneys’ fees; and 3) the evidence was insufficient to support both the jury’s finding of infringement and the damages awarded.
Sundance, Inc. v. Demonte Fabricating Ltd.
(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action, grant of plaintiff’s motion judgment as a matter of law (JMOL) finding the patent was not invalid is reversed where: 1) the district court’s denial of a motion in limine to exclude the testimony of witness, not skilled in the pertinent art, was an abuse of discretion; and 2) as a matter of law, claim 1 of the patent was invalid for obviousness.
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(U.S. Fed. Cir., Intellectual Property, Patent, Remedies) District court did not abuse its discretion in permanently enjoining defendant from selling its product after jury found willful infringement of plaintiff’s valid patent. The court correctly applied the four-factor test for permanent injunctive relief, finding that: 1) plaintiff has suffered irreparable injury; 2) remedies at law were inadequate; 3) balance of hardships warranted issuance of injunctive relief; and 4) the public interest was not harmed by issuance of the permanent injunction, despite defendant’s assertion that its infringing product was safer than plaintiff’s product.
Wilchombe v. Teevee Toons, Inc.
(U.S. 11th Cir., Civil Procedure, Copyright, Entertainment Law, Intellectual Property) In a copyright infringement case involving the rap song “The Weedman” which appears on a Lil John album “Kings of Crunk”, dismissal of plaintiff-musician’s claim for breach of fiduciary duty is affirmed where: 1) the amended complaint failed to allege a fiduciary relationship and thus failed to state a claim for relief; and 2) plaintiff could not the grant of summary judgment based on arguments raised for the first time in his motion for reconsideration.
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(U.S. 8th Cir., Commercial Law, Contracts, Copyright, Injury And Tort Law, Intellectual Property, Trade Secrets, Trademark) In a suit related to the early termination of a distributor agreement, denial of a preliminary injunction is affirmed where plaintiff could not demonstrate a likelihood of success on its claims since the distributor agreement was no longer in effect, and defendant’s termination of the agreement did not fall under the Minnesota Franchise Act’s termination requirements since plaintiff had never paid defendant a franchise fee.
In re TS Tech USA Corp.
(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent, Transportation) In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner’s motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.
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January 26, 2009 5:50 pm | 
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