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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent infringement action related to a drug for the treatment and prevention of postmenopausal osteoporosis, the district court’s order in favor of plaintiff is affirmed where the court did not abuse its discretion in extending a statutory thirty-month stay preventing the FDA from approving defendant’s new drug application due to defendant’s discovery violations.
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(U.S. 1st Cir., Civil Procedure, Education Law) In an action involving a race-based student assignment policy, district court’s denial of plaintiff’s motion for relief from final judgment is affirmed where plaintiff’s claims do not come within any of the circumstances under rule 60 (b)(5) from which relief from a final judgment may be justified, as the prior judgment upon which the district court’s order rested has not been reversed and the prior judgment has no prospective application as defined in context.
Corporate Mgmt. Advisors., Inc. v. Artjen Complexus, Inc.
(U.S. 11th Cir., Civil Procedure) The remand of Plaintiff’s action to state court is affirmed, where the failure to allege facts sufficient to establish subject matter jurisdiction in a notice of removal is a defect in the removal procedure.
Troyk v. Farmers Group, Inc.
(Cal. App., Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, Insurance Law) In a class action suit against Farmers Insurance, grant of plaintiff’s motion for summary judgment is reversed where plaintiff did not carry his burden to show there is no triable issue of fact regarding the element of causation for his standing under the Business and Professions Code to prosecute the Unfair Competition Law cause of action on behalf of the class members. Defendant violated the Insurance Code’s disclosure requirement, as the term “premium” includes a service charge imposed for the payment in full of the stated premium for policy’s one-month term, which was not disclosed in the policy.
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(U.S. 7th Cir., Civil Procedure, Health Law, Insurance Law) In a dispute over health insurance benefits, district court’s dismissal of plaintiff’s claim as being preempted is reversed and remanded where the district court erred in allowing removal under 28 U.S.C. section 1441 and dismissing the suit as completely preempted when disputes over jurisdictional facts remain.
Troyk v. Farmers Group, Inc.
(Cal. App., Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, Insurance Law) In a class action suit against Farmers Insurance, grant of plaintiff’s motion for summary judgment is reversed where plaintiff did not carry his burden to show there is no triable issue of fact regarding the element of causation for his standing under the Business and Professions Code to prosecute the Unfair Competition Law cause of action on behalf of the class members. Defendant violated the Insurance Code’s disclosure requirement, as the term “premium” includes a service charge imposed for the payment in full of the stated premium for policy’s one-month term, which was not disclosed in the policy.
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(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.
United Techs. Corp. v. Mazer
(U.S. 11th Cir., Civil Procedure, Corporation & Enterprise Law, Intellectual Property, Trade Secrets) In an action for misappropriation of trade secrets, judgment for Defendants is reversed in part, where Plaintiff adequately alleged that Defendant’s president was acting within the scope of his employment when he stole Plaintiff’s blueprints, but affirmed in part, where another Defendant was not subject to personal jurisdiction in Florida.
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 18, 2009 5:45 pm | 
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