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(Lawyer in tampa) Kaiser Found. Health Plan Inc. v. Abbott Labs., Inc.

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(U.S. 9th Cir., Antitrust & Trade Regulation, Commercial Law, Evidence, Health Law, Intellectual Property, Patent) In a suit against a brand-name and a generic drug manufacturer alleging restraint-of-trade and monopolization of the market for a blood pressure medication, judgment for defendants is affirmed in part over plaintiff’s evidentiary challenges, but reversed in part where plaintiff produced sufficient evidence to go to trial on its claim that defendant had violated the Sherman Act by enforcing a patent obtained through fraud.

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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(Accident attorney tampa) Wilchombe v. Teevee Toons, Inc.

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(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.

Taco Bell Corp. v. TBWA Chiat/Day Inc.

(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.

In re Comiskey

(U.S. Fed. Cir., Dispute Resolution & Arbitration, Intellectual Property, Patent) In a patent case involving a method and system for mandatory arbitration involving legal documents, such as wills or contracts, a decision of the Board of Patent Appeals and Interferences affirming an examiner’s rejection of claims 1-59 of applicant’s patent application as obvious in view of the prior art and therefore unpatentable under 35 U.S.C. section 103 is affirmed in part and vacated in part where: 1) applicant’s independent claims 1 and 32 and most of their dependent claims are unpatentable subject matter under 35 U.S.C. section 101; and 2) with respect to two other independent claims and various other dependent claims a remand to the PTO was necessary for it to consider the section 101 question in the first instance.

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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