More info…
(U.S. 4th Cir., Copyright, Cyberspace Law, Intellectual Property) In a copyright infringement action based on the archiving of student papers on Defendant’s website, judgment for Defendant on Plaintiff’s claims is affirmed, where the archiving was transformative because its purpose was to prevent plagiarism by comparative use, but judgment for Plaintiff on Defendant’s counterclaims is reversed, where damages under the Computer Fraud and Abuse Act (CFAA) can include the costs of repairing a violation of the CFAA.
TransCore, LP v. Electronic Transaction Consultants Corp.
(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement action involving automated toll collection systems, district court’s grant of summary judgment for defendants is affirmed where: 1) the sales of the toll collection systems installed by defendant were authorized by an earlier settlement agreement involving the plaintiff such that plaintiff’s patent rights were exhausted as to those systems; 2) the court did not err in excluding parol evidence of the parties’ intent at the time they entered into the settlement agreement as the settlement agreement is unambiguous, final, and exclusive; 3) plaintiff’s rights to the ’946 patent were exhausted by third party Mark IV’s authorized sales under an implied license to practice that patent by virtue of legal estoppel.
Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.
(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent infringement action involving drugs related to gene regulation, district court’s judgment against defendant is reversed in part and affirmed in part where: 1) the court lacked substantial evidence for its verdict that the asserted claims of plaintiff’s patent were supported by adequate written description, and thus the asserted claims are invalid; and 2) the correct correctly concluded that the ’516 patent was not unenforceable due to inequitable conduct.
tampa attorney
More info…
(U.S. 5th Cir., Civil Procedure, Construction, Injury And Tort Law) In a negligence action regarding flood control construction projects, the dismissal of Defendant’s third-party complaint is affirmed, where Defendant’s claims were barred by res judicata due to a prior state court action.
tampa dui attorney
More info…
(U.S. 2d Cir., Intellectual Property, Trademark) In an action brought under the Lanham Act for trademark infringement, false designation of origin, and dilution, the district court’s dismissal for failure to state a claim is reversed and remanded where plaintiff’s allegations that Google’s recommendation and sale of its mark to Google’s advertisers, so as to trigger the appearance of their advertisements and links in a manner likely to cause consumer confusion when a Google user launches a search of plaintiff’s trademark, defendant made a use in commerce of the plaintiff’s trademark, properly alleges a claim under the Lanham Act.
Dream Games of Ariz., Inc. v. PC Onsite
(U.S. 9th Cir., Copyright, Gaming Law, Intellectual Property, Travel & Leisure) In a copyright infringement action regarding an electronic bingo game, judgment for Plaintiff is affirmed, where: 1) the District Court properly identified the unprotected elements of the game in instructing the jury, and 2) Plaintiff’s illegal operation of the game did not preclude the recovery of statutory damages.
Coquico, Inc. v. Rodrguez-Miranda
(U.S. 1st Cir., Copyright, Intellectual Property) In a copyright infringement action, district court’s grant of a preliminary injunction against defendant is affirmed where: 1) plaintiff has a valid copyright; and 2) plaintiff has shown a likelihood of success that it will succeed on its claim that defendant copied original elements of its work as it has provided ample evidence that defendant engaged in actual copying of plaintiff’s work, and that the two works were substantially similar.
Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.
(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent infringement action involving drugs related to gene regulation, district court’s judgment against defendant is reversed in part and affirmed in part where: 1) the court lacked substantial evidence for its verdict that the asserted claims of plaintiff’s patent were supported by adequate written description, and thus the asserted claims are invalid; and 2) the correct correctly concluded that the ’516 patent was not unenforceable due to inequitable conduct.
tampa lawyer
More info…
(Cal. App., Civil Procedure, Government Law, Labor & Employment Law) In an action involving disclosure of information in a police officer’s personnel files, trial court’s denial of plaintiff’s petition for writ of mandate under Code of Civil Procedure section 1085 to compel disclosure is affirmed where the police department complied with its obligations under the Public Safety Officers Procedural Bill of Rights Act in withholding the requested materials as it is unreasonable to require the department to disclose internal investigative materials that it is not authorized to use in making personnel determinations.
K.J. v. Arcadia Unified School District
(Cal. App., Civil Procedure, Education Law, Injury And Tort Law) In an action against a school district for negligent supervision of a teacher, trial court’s judgment of dismissal following the sustaining without leave of a demurrer by defendant is reversed where plaintiff’s allegations of sexual abuse were sufficient to invoke the delayed discovery rule of accrual such that the September 2007 tort claim is deemed timely for pleading purposes.
tampa lawyer
External articles | SEO-FSER | 
April 26, 2009 4:05 am | 
Comments (0) 
Subscribe