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(U.S. 5th Cir., Civil Procedure, Labor & Employment Law) In an Age Discrimination in Employment Act (ADEA) action alleging an unlawful transfer between places of work, judgment for Defendants is affirmed in part, where an administrative unemployment proceeding was entitled to collateral estoppel effect, but reversed in part, where the ADEA’s detailed administrative remedy nullified the collateral estoppel effect of the unemployment proceedings with respect to Plaintiff’s retaliation claim.
Tanoh v. Dow Chem. Co.
(U.S. 9th Cir., Civil Procedure, Class Actions, Injury And Tort Law) In an appeal from an order remanding several hundred personal injury actions to state court, the order is affirmed, where neither the parties nor the District Court proposed jointly trying the claims of all the plaintiffs, and the Class Action Fairness Act does not allow the treatment of claims joined on a defendant’s motion as “mass actions.”
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(U.S. Fed. Cir., Intellectual Property, Trademark) In an action involving service mark registration of AIRFLITE, USPTO Trademark Trial and Appeal Board ruling declaring plaintiff’s service mark registration void is affirmed, where plaintiff used the service mark in the preparatory stages of the service’s development but never offered the service to the public, thus failing to meet the “use in commerce” element of the Lanham Act.
Henkel Corp. v. The Procter
&
Gamble Co.
(U.S. Fed. Cir., Intellectual Property, Patent) In a patent interference action involving dishwasher detergent tablets, Board of Patent Appeals and Interferences award of priority of invention to defendant is affirmed where substantial evidence supports the Board’s determination that defendant demonstrated an actual reduction to practice of the invention before plaintiff.
Situation Mgmt. Sys. v. ASP Consulting, LLC
(U.S. 1st Cir., Copyright, Intellectual Property, Labor & Employment Law) In a copyright action involving training materials geared toward teaching techniques for effective communication and negotiation within the workplace, district court’s finding of noninfringement is vacated where: 1) district court erroneously excluded large portions of plaintiff’s works from its substantial similarity analysis based upon its misapplication of the originality requirement; and 2) the court improperly denied copyright protection to large portions of plaintiff’s works under the mistaken belief that they described a noncopyrightable process or system.
E-Pass Technologies, Inc. v. 3Com Corp.
(U.S. Fed. Cir., Attorney’s Fees, Intellectual Property, Patent, Sanctions) In a patent infringement action involving electronic multi-function cards, co-defendant Access Systems Americas, Inc.’s motion for sanctions is granted where plaintiff’s appeal is frivolous, as it fails to present cogent or clear arguments for reversal, and plaintiff has made significant misrepresentations of the record and the law to the court. Sanction of defendant’s reasonable attorneys’ fees is awarded against plaintiff and its counsel, jointly and severally.
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(Cal. App., Civil Procedure, Evidence, Health Law, Injury And Tort Law, Professional Malpractice) In a medical negligence action, trial court’s order granting a new trial and denying plaintiff’s motion for sanctions is affirmed where there is no authority in the statutes for the imposition of monetary sanctions for disclosing for the first time during the trial a theory that was not disclosed by an expert witness in their declaration.
Duffy v. Vogel
(N.Y., Civil Procedure, Professional Malpractice) In Plaintiff’s appeal from judgment for Defendant in a medical malpractice trial in which the jury’s verdict was apparently contradictory, the trial court’s order denying Plaintiff’s request to poll the jury is reversed, where the denial of a request to poll the jury cannot be harmless error.
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April 4, 2009 2:00 pm | 
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