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(U.S. 9th Cir., Civil Procedure, Cyberspace Law, Indian Law, Intellectual Property, Trademark) In a suit alleging trademark violations against a tribal corporation for cigarette packages, the district court’s grant of a stay while the tribal court determined its jurisdiction is reversed where the tribal court does not have colorable jurisdiction over plaintiff-nonmember’s federal and state claims for trademark infringement on the Internet and beyond the reservation.
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(U.S. Fed. Cir., Evidence, Health Law, Intellectual Property, Patent) In a patent case involving patents for treating difficult-to-heal wounds by applying suction, various trial court rulings are affirmed over claims: 1) by defendants that the trial court erred in denying their motion for judgment as a matter of law on obviousness, and their alternative motion for a new trial on obviousness; 2) by defendants that the district court erred in its construction of “wound” and its failure to find several claim terms indefinite; and 3) by plaintiff that the court erred in denying its motion for judgment as a matter of law of infringement, or, in the alternative, its request for a new trial on infringement.
Rein v. US Patent
&
Trademark Office
(U.S. 4th Cir., Administrative Law, Civil Procedure, Intellectual Property, Patent, Trademark) In a civil action alleging defendant-agencies did not conduct an adequate search for documents requested by plaintiff-law firm under the Freedom of Information Act (FOIA) and that defendant-agencies improperly withheld documents as exempt which were discovered during the search, award of summary judgment to defendant-agencies is affirmed in part and reversed in part where: 1) the district court erred in finding the Vaughn index contained adequate descriptive information to determine whether the challenged documents were properly withheld in whole or in part; 2) the district court did not err in holding the defendant-agencies properly withheld the challenged documents in whole or in part based on the deliberative process privilege; 3) the district court did it err in concluding the challenged redacted documents did not contain segregable material; and 4) the district court did not err in concluding the PTO properly withheld or redacted materials based on the attorney-client privilege, as protected by Exemption 5.
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(Cal. App., Civil Procedure, Commercial Law, Contracts) In a breach of contract action, trial court’s grant of defendant’s motion to quash service of summons for lack of personal jurisdiction is reversed where the court was found to have specific jurisdiction over defendant with regard to this matter because the subject of the dispute was defendant’s alleged nondelivery of goods to plaintiff in California.
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The last time negotiators from the United States and European Union were busy trying to finalize a far-reaching aviation agreement, Sir Richard Branson’s brainchild Virgin America was looking down the barrel of intense scrutiny concerning its ownership structure. Now, with…
Slots and the Ongoing oneworld Application
Airport Coordination Limited (ACL), which is charged with coordinating slots at Londons Heathrow Airport, submitted answers last week to the U.S. Department of Transportation as part of the latters ongoing investigation into the pending alliance approval and antitrust immunity application…
Beyond Open Skies Available for Preorder
Prof. Brian Havel’s new book, Beyond Open Skies: A New Regime for International Aviation, is now available for preorder from Wolters Kluwer. A summary of the book’s contents and purchasing information is available online here.
A Bill to Ensure Adequate Airline Competition between United States and Europe (?)
Rep. James Oberstar, Chairman of the House Transportation and Infrastructure Committee, is behind the newly introduced bill, H.R. 831 which bears the title “A Bill to Ensure Adequate Airline Competition between United States and Europe.” Rep. Oberstar’s speech in support…
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February 28, 2009 9:16 pm | 
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