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(St petersburg attorney) Walton v. US

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(U.S. Fed. Cir., Copyright, Government Law, Intellectual Property) 28 U.S.C. section 1498(b), which governs copyright infringement suits against the federal government, does not authorize this suit by a federal prisoner seeking to recover for the government’s use of desk-blotter calendars he created as part of his assigned duties in prison. Plaintiff was “in the service of the United States” when he developed and produced the calendar at a government facility, using government-furnished computers, under the supervision of government employees, in exchange for modest compensation.

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.

accident attorney tampa

(Clearwater attorney) Bernstein v. Feiner

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(N.Y., Civil Procedure, Constitutional Law) Appeal is dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

Awuah v. Coverall North America, Inc.

(U.S. 1st Cir., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law) In a dispute over whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator, a district court ruling refusing to order the matter to arbitration is affirmed where, although the circuit court took a narrower view of the district court’s initial role when deciding such a question, plaintiffs were entitled to a ruling by the district court as to whether the arbitration remedy in this case was illusory.

Telco Group, Inc. v. Ameritrade, Inc.

(U.S. 8th Cir., Civil Procedure, Class Actions, Per Curiam) Dismissal of a claim for failure to prosecute is affirmed where: 1) plaintiff did not challenge this dismissal on the merits; 2) because plaintiff’s claims have been dismissed with prejudice, reversing the denial of class certification would afford plaintiff no relief; and 3) as its claims have been dismissed, plaintiff is no longer a member of and therefore cannot represent the putative but uncertified class.

Cmty. Youth Athletic Ctr. v. City of Nat’l City

(Cal. App., Civil Procedure, Property Law & Real Estate) In a “reverse validation” action filed by plaintiff-non-profit center to challenge the validity of an ordinance that amended a 1995 redevelopment plan enacted by defendant-city, grant of motion for judgment on the pleadings in favor of defendant is reversed where: 1) the trial court used an incorrect legal standard and abused its discretion in failing to find there was good cause for relief from noncompliance with the publication requirements; and 2) the court should have allowed leave to republish the summons.

Advantedge Bus. v. Thomas E. Mestmaker
&
Assocs., Inc.

(U.S. 10th Cir., Civil Procedure, ERISA, Insurance Law, Labor & Employment Law) In litigation concerned a health-insurance plan plaintiff, a professional employer organization providing payroll and health insurance services, purchased to cover its clients and employees, dismissal of the case without prejudice for lack of prosecution is affirmed where: 1) there was no abuse of discretion in the decision to dismiss without prejudice; 2) the circuit court adopts a prudential rule allowing the appellate court to review an interlocutory order preceding a dismissal for failure to prosecute in rare cases when it makes sense to do so; and 3) this was not one of the rare cases.

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