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(U.S. 10th Cir., Construction, Copyright, Intellectual Property, Property Law & Real Estate) In a copyright infringement action related to designs for modular homes, judgment for Defendants is affirmed where the District Court did not clearly err in finding that Defendants, as a factual matter, did not copy Plaintiffs’ work.
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.
OBX-Stock, Inc. v. Bicast, Inc.
(U.S. 4th Cir., Intellectual Property, Trademark) In a trademark infringement action concerning the term “OBX,” summary judgment for Defendant is affirmed, where “OBX” was purely a geographically descriptive mark with no secondary meaning.
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.
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(Cal. App., Civil Procedure, Class Actions, Health Law, Insurance Law) In a class action against a hospital system alleging that it improperly denied plaintiffs discounts it granted insured patients, trial court’s denial of plaintiffs-intervenors’s motion to intervene and overruling of their objections to the settlement of the action is affirmed where: 1) plaintiff failed to file a proper motion to intervene under the Code of Civil Procedure; and 2) plaintiff failed to support any of his arguments as to why the settlement should not be approved.
Rusakiewicz v. Lowe
(U.S. 10th Cir., Civil Procedure, Communications Law) In an action for abuse of process, the dismissal of Plaintiffs’ complaint for lack of personal jurisdiction is reversed, where Defendants filed the underlying lawsuit in the forum state and thus had adequate contacts with that state.
Mendez-Matos v. Municipality of Guaynabo
(U.S. 1st Cir., Civil Procedure, Remedies) In an action involving monetary damages, award of compensatory and punitive damages is affirmed where: 1) defendant failed to show the award of compensatory damages to co-plaintiffs was grossly excessive, inordinate, shocking to the conscience of the court, or so high that it would be a denial of justice to permit it to stand; and 2) co-plaintiff Mendez-Ayala met the threshold requirement for punitive damages by showing the defendant discriminated in the face of a perceived risk that its actions would violate federal law. The reduction of co-plaintiff Mendez-Ayala’s punitive damages is affirmed as grossly excessive under the BMW standard and in violation of due process limits.
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(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Retail) In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.
County of Santa Clara v. Super. Court of Santa Clara County
(Cal. App., Civil Procedure, Copyright, Government Law) In an issue of first impression in which petitioner-county sought extraordinary relief from a superior court order requiring it to disclose its geographic information system basemap to a real party in interest, petitioner’s writ petition is denied where: 1) the law calls for unrestricted disclosure of the information sought here, subject to the payment of costs to be determined by the trial court; and 2) petitioner-county is not entitled to the relief.
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March 1, 2009 10:55 pm | 
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