| Yale Preston v. Marathon Oil Company |
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[¶1] The United States Court of Appeals for the Federal Circuit certified a question to us regarding the validity of an assignment of intellectual property rights given by Yale Preston to Marathon Oil Company without any additional consideration other than continued at-will employment. |
| Acuity v. Ross Glove Company |
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¶1 NEUBAUER, P.J. Ross Glove Company appeals a declaratory judgment granted in favor of its insurer, Acuity, a Mutual Insurance Company. Ross Glove was the subject of trade dress infringement claims and requested that Acuity defend and indemnify it under the terms of its policy. Acuity was granted a declaratory judgment that its policy, specifically its “advertising injury” provisi... More... $0 (04-04-2012 - WI) |
| Shaw Hofstra & Associates v. Ladco Development, Inc. |
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This case concerns the payment for architectural services provided by Shaw Hofstra & Associates (SHA) to Ladco Development, Inc. (Ladco) in conjunction with a large office building project. In its breach of contract claim, SHA contends it was not paid for the services it completed under the project. The district court1 denied Ladco’s motion for summary judgment, and the case proceeded to trial. ... More... $0 (03-12-2012 - MO) |
| Keith Jones v. United Parcel Services, Inc. |
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In this diversity action, Defendant United Parcel Service, Inc. (“UPS”) appeals following a jury verdict awarding Plaintiff Keith Jones (“Jones”) over $2.5 million in actual and punitive damages based on UPS’s retaliatory discharge in violation of Kansas common law. See Gonzalez-Centeno v. N. Cent. Kan. Reg’l Juvenile Det. Facility, 101 P.3d 1170, 1173 (Kan. 2004) (describing common la... More... $0 (03-05-2012 - KS) |
| A.I.M. Controls L.L.C.,et al v. CIR |
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A.I.M. Controls, L.L.C., Resam Holdings Trust, and Clifford William (together, the Petitioners) appeal the Tax Court’s order dismissing their action against the Commissioner of Internal Revenue (“Government”) for lack of jurisdiction. We AFFIRM. |
| BC Technical, Inc. v. Ensil International Corporation |
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The jury found Ensil International Corporation (Ensil) (1) breached a contract with BC Technical, Inc. (BC) by failing to repair damaged circuit boards and (2) converted BC’s property by unreasonably refusing to return the circuit boards BC had sent for repair. Before the jury retired for deliberations, Ensil moved for judgment as a matter of law. Following the trial, Ensil again moved for judgm... More... $0 (02-07-2012 - UT) |
| Jack C. Leeson v. Transamerica Disability Income Plan |
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Plaintiff Jack Leeson (“Leeson”), a former employee of Defendant Transamerica Corporation (“Transamerica”), filed this action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1101, et seq., to challenge the termination of his long-term disability benefits. The district court, applying an abuse of discretion standard of review, upheld the Transamerica Corporatio... More... $0 (01-23-2012 - WA) |
| Minor Miracle Productions, LLC v. Randy Starkey |
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Minor Miracle Productions, LLC, (MMP) is the limited liability company responsible for the film “The Hayfield.” MMP is composed of David Richards, who provided a filming location and funding for the film, and Randy Starkey, who wrote and directed the film. After the film was completed, Starkey refused to turn over possession of the film and various pieces of equipment from the film. MMP brough... More... $0 (01-05-2012 - ID) |
| Olivea Marx v. General Revenue Corporation |
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Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. |
| Dell R. Cullum v. Dalene M. White and Diamond A. Ranch |
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Dell Cullum appeals the judgment awarding Dalene White actual and punitive damages on her libel claim and the permanent injunction entered as a pretrial sanction. |
| Dassault Systems, S.A. v. Keith Childress dba Practical Catia Training |
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Plaintiff-Appellee Dassault Systemes, SA (“Dassault”) filed suit against Defendant-Appellant Keith Childress, d.b.a. Practical Catia Training (“Childress”), seeking damages for copyright and trademark infringement, unfair competition, and Michigan Consumer Protection Act violations arising from Childress’s allegedly unauthorized use of Dassault’s name and software licenses to operate a... More... $0 (12-13-2011 - MI) |
| AvidAir Helicopter Supply v. Rolls-Royce Corporation |
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This appeal comes to us from two consolidated suits brought under the Uniform Trade Secrets Acts of Indiana and Missouri. Both suits involve information about the repair and overhaul of helicopter engines published by Appellee Rolls- Royce Corp. Rolls-Royce sought damages and injunctive relief for alleged trade secret violations. Appellant AvidAir Helicopter Supply Inc. sought a declaration that t... More... $0 (12-13-2011 - MO) |
| Keith Jones v. United Parcel Service, Inc. |
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In this diversity action, Defendant United Parcel Service, Inc. (“UPS”) appeals following a jury verdict awarding Plaintiff Keith Jones (“Jones”) over $2.5 million in actual and punitive damages based on UPS’s retaliatory discharge in violation of Kansas common law. See Gonzalez-Centeno v. N. Cent. Kan. Reg’l Juvenile Det. Facility, 101 P.3d 1170, 1173 (Kan. 2004) (describing common la... More... $0 (10-24-2011 - KS) |
| Apple, Inc. v. Psystar Corporation |
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This case raises important issues regarding the doctrine of “copyright misuse” as it has developed in the wake of the technological revolution of the last 30 years. Plaintiff- Appellee, Apple Inc. (“Apple”), is one of the leading producers of innovative technological hardware and software that has spurred enormous consumer demand for ever evolving technology. The Defendant-Appellant, Psyst... More... $0 (09-28-2011 - CA) |
| Severe Records, et al. v. John Rich |
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Plaintiff Mark Christopher “Chris” Sevier authored a song entitled “Better.” Defendant Shanna Crooks recorded the song and, because they were pleased with the results, they co-authored and recorded a second song, “Watching Me Leave.” Their relationship then collapsed, Crooks signed as a recording artist with unrelated recording and management companies, and various accusations and... More... $0 (09-23-2011 - Te) |
| GoPets LTD. v. Edward Hise |
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The Anticybersquatting Consumer Protection Act (“ACPA”) prohibits “cybersquatters” from registering internet domain names that are identical or confusingly similar to registered service marks and trademarks. See 15 U.S.C. § 1125(d)(1). The prohibition contained in § 1125(d)(1) applies when a domain name is identical or confusingly similar to a mark that is distinctive “at the time of ... More... $0 (09-22-2011 - Ca) |
| GoPets LTD. v. Edward Hise |
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| Mariam Maronyan v. Toyota Motor Sales, U.S.A., Inc. |
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Mariam Maronyan brought suit against Toyota Motor Sales, U.S.A. Inc. when the new car that she leased developed mechanical problems during the warranty period and Toyota failed to repair them to her satisfaction. In addition to several California state law claims, she alleged breach of warranty under the Magnuson-Moss Warranty Act (“MMWA”). The district court granted Toyota’s motion to dismi... More... $0 (09-20-2011 - CA) |
| Sony BMG Music Entertainment v. Joel Tenenbaum |
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Plaintiffs, the recording companies Sony BMG Music Entertainment, Warner Brothers Records Inc., Arista Records LLC, Atlantic Recording Corporation, and UMG Recordings, Inc. (together, "Sony"), brought this action for statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. § 101 et seq. Sony argued that the defendant, Joel Tenenbaum, willfully infringed the copyrights of thirty ... More... $0 (09-16-2011 - MA) |
| Louis Voitton Malletier, S.A. v. Akanoc Solutions, Inc. |
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Louis Vuitton Malletier, S.A., sued Managed Solutions Group, Inc. (“MSG”), Akanoc Solutions, Inc., and Steven Chen (collectively “Defendants”)1 for contributory copyright and trademark infringement, contending that Defendants were liable for their role in hosting websites that directly infringed Louis Vuitton’s trademarks and copyrights. After a trial, a jury found Defendants liable and ... More... $0 (09-12-2011 - CA) |
| Edgenet, Inc. v. Home Depot U.S.A., Inc. |
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Home Depot has more than 2,000 retail stores, each of which stocks thousands of items. Customers can buy more than 250,000 items on Home Depot’s web site, or by special order at a retail outlet. It would be impossible to manage such a complex inventory without a computer database—and setting up a database requires a classification of its contents into categories, such as hand tools and applian... More... $0 (09-02-2011 - WI) |
| Marica Bryson v. Middlefield Volunteer Fire Department, Inc. |
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Plaintiff-Appellant Marcia Bryson appeals the district court’s grant of summary judgment to Defendants-Appellees Middlefield Volunteer Fire Department, Inc. (the “Department”) and Scott Anderson (together, “Defendants”), on her claims of sexual harassment and retaliation brought pursuant to Title VII of the Civil Rights Act of 1964. Specifically, Bryson appeals the district court’s con... More... $0 (09-02-2011 - OH) |
| The SCO Group, Inc. v. Novell, Inc. |
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This contract interpretation case is the second appeal arising out of a dispute between SCO Group, Inc. and Novell, Inc. over copyright ownership of early versions of the UNIX operating system and the scope of Novell’s rights in licenses issued to its former customers prior to its partial sale of UNIX to SCO. In the first appeal, we reversed a summary judgment in favor of Novell because question... More... $0 (08-30-2011 - UT) |
| Perfect 10, Inc. v. Google, Inc. |
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In this appeal, we once again consider a request by Perfect 10, Inc. for a preliminary injunction against Google, Inc. See Perfect 10, Inc. v. Amazon.com, Inc. (Perfect 10 II), 508 F.3d 1146 (9th Cir. 2007). Because Perfect 10 has not demonstrated that it would likely suffer irreparable harm in the absence of a preliminary injunction, we affirm... More... $0 (08-03-2011 - CA) |
| Omar Jaso v. The Coca Cola Company |
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Plaintiff–Appellant Omar Jaso commenced this lawsuit against Defendants–Appellees, alleging, inter alia, that they had infringed a copyright he held in a musical composition by creating a derivative composition that they used in a widespread advertising campaign. Defendants moved for dismissal of Jaso’s amended complaint under Federal Rule of Civil Procedure 12(b)(6) on the basis that Jaso... More... $0 (08-01-2011 - TX) |
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