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(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.
Tafas v. Doll
(U.S. Fed. Cir., Administrative Law, Intellectual Property, Patent) In an action involving four rules recently promulgated by the USPTO, district court’s ruling is affirmed in part and vacated in part where: 1) the four final rules challenged in this case are procedural and thus within the scope of the USPTO’s rulemaking authority; and 2) Final Rule 78 conflicts with 35 U.S.C. sec. 120 and is invalid.
In re Gleave
(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action concerning methods of treating endocrine-regulated cancers, USPTO Board of Patent Appeals and Interferences rejection of plaintiff’s patent claims is affirmed where the Board properly held that the claims were anticipated under 35 U.S.C. sec. 102(b) as the compositions described in the plaintiff’s application were not new.
Internet Specialties West, Inc. v. Milon-DiGiorgio Enters., Inc.
(U.S. 9th Cir., Cyberspace Law, Intellectual Property, Trademark) In a trademark infringement action based on an infringing domain name, judgment for Plaintiff is affirmed, where: 1) the jury was properly instructed on the elements of infringement; and 2) laches did not bar Plaintiff’s claim because Defendant was not prejudiced by Plaintiff’s delay in filing suit.
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(Cal. App., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Property Law & Real Estate) In an action arising out of the sale of a business, order denying defendant’s motion to compel arbitration is affirmed where the open listing agreement involving the sale of real property in this matter failed to comply with the disclosure requirements of Civ. Pro. Code section 1298.
Guimei v. General Electric Co.
(Cal. App., Aerospace & Defense, Civil Procedure, Injury And Tort Law, Transportation) Trial court order staying plaintiff’s consolidated actions stemming from an airplane crash on the ground of forum non conveniens is affirmed where: 1) there was substantial evidence in support of the trial court’s finding that China provides a suitable alternative forum for the litigation; 2) trial court did not abuse its discretion in determining that California is a seriously inconvenient forum for the litigation; and 3) there was no abuse of discretion in refusing to consider evidence in plaintiff’s surreply briefs.
Plata v. Schwarzenegger
(U.S. 9th Cir., Civil Procedure, Government Law) In the State of California’s appeal from the District Court’s order directing the state to fund the projects of a receiver established to oversee prison medical care, the appeal is dismissed, where the order was not final, but was rather an interim step toward further proceedings.
Palmer v. Valdez
(U.S. 9th Cir., Civil Procedure, Civil Rights, Evidence) In a 42 U.S.C. section 1983 action by a prisoner alleging excessive force, judgment for Defendants is affirmed, where the District Court’s requirement that Plaintiff agree to a bench trial to present telephonic testimony did not violate Plaintiff’s jury trial right, as it resulted from Plaintiff’s own failure to procure the live testimony he wanted.
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(U.S. 5th Cir., Admiralty, Civil Procedure, Injury And Tort Law) In an application for leave to appeal the denial of Defendant’s motion for summary judgment in an action based on an injury at sea, the application is denied, where Defendants sought leave to appeal only the District Court’s conclusions of law and not the order setting forth its reasons for denying the summary judgment motion.
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March 27, 2009 9:55 pm | 
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