| Bette L. Banks v. Mario Industries of Virginia, Inc. |
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In these consolidated appeals from civil actions in which a company alleged that certain former employees and agents formed a competing business, we consider whether the trial court erred by denying a motion to strike, submitting a breach of fiduciary duty claim to the jury, submitting a verdict form to the jury, instructing the jury, admitting a pre-resignation memorandum into evidence, ... More... $1528342 (09-25-2007 - VA) |
| Bette L. Banks v. Mario Industries of Virginia, Inc. |
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In these consolidated appeals from civil actions in which a company alleged that certain former employees and agents formed a competing business, we consider whether the trial court erred by denying a motion to strike, submitting a breach of fiduciary duty claim to the jury, submitting a verdict form to the jury, instructing the jury, admitting a pre-resignation memorandum into evidence... More... $0 (09-14-2007 - VA) |
| In Re Seagate Technogly, LLC |
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Seagate Technology, LLC ("Seagate") petitions for a writ of mandamus directing the United States District Court for the Southern District of New York to vacate its orders compelling disclosure of materials and testimony that Seagate claims is covered by the attorney-client privilege and work product protection. We ordered en banc review, and now grant the petition. We overrule Underwater Devi... More... $0 (08-22-2007 - DC) |
| Comcast of Illinois v. Multi-Vision Electronics, Inc. |
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Comcast of Illinois initiated this action against Multivision Electronics1 and its sole officer and shareholder, Ronald J. Abboud, alleging that they had violated the Cable Communications Policy Act and injured Comcast by illegally distributing cable descramblers. The district court2 granted Comcast's motion for summary judgment. After a hearing on damages, it awarded Comcast $2,188,115 in d... More... $2188115 (07-06-2007 - NE) |
| Static Control Components, Inc. v. Lexmark International, Inc. et al |
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Static Control Components sued Lexmark on a number of different theories claiming that defendant attempted to prevent SCC's customer from using SCC computer chips that are used to remanufacture printer ink cartridges for Lexmark printers. Lexmark counterclaimed asserting that SCC's chips infringed patents held by Lexmark and violated the Digital Millennium Copyright Act (DMCA).... More... $0 (06-22-2007 - KY) |
| Jerry Greenberg v. National Geographic Society, et al. |
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This case presents the question of whether § 201(c) of the Copyright Act1 accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues. This case comes before this Court for a second time and requires a determination whether an intervening Supreme Court case, New York Times Co. v. Tasini, 533 U.S. 483 (2001), abrogates an ... More... $0 (06-19-2007 - FL) |
| Sue Scheff, Parents Universal Resource Experts vs. Carey Bock and Ginger Warbis |
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Carey Bock from Mandeville, Louisiana was devastated by Hurricane Katrina. She evacuated her family to a Texas apartment only to find her father was suffering from heart failure. Bock lost most of her money. One of Bock's sons was in Iraq and the other son was in Germany. It seemed life couldn't get much worse - that is, until Bock received word that a judgment in Broward County, Florida... More... $11200000 (01-31-2007 - FL) |
| Brewster Kahle, et al. v. Alberto R. Gonzales |
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Plaintiffs appeal from the district court's dismissal of their complaint. They allege that the change from an "opt-in" to an "opt-out" copyright system altered a traditional contour of copyright and therefore requires First Amendment review under Eldred v. Ashcroft, 537 U.S. 186, 221 (2003). They also allege that the current copyright term violates the Copyright Clause's "limited Times"... More... $0 (01-24-2007 - CA) |
| Postive Software Solutions, Inc. v. New Century Mortgage Corporation, et al. |
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The court reconsidered this case en banc in order to determine whether an arbitration award must be vacated for "evident partiality," 9 U.S.C. § 10(a)(2), where an arbitrator failed to disclose a prior professional association with a member of one of the law firms that engaged him. We conclude that the Federal Arbitration Act ("FAA") does not mandate the extreme remedy of vacatur for nondi... More... $0 (01-19-2007 - TX) |
| Daniel Wallace v. International Business Machines Corporation, Red Hat, Inc. and Novell, Inc. |
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Does the provision of copyrighted software under the GNU General Public License ("GPL") violate the federal antitrust laws? Authors who distribute their works under this license, devised by the Free Software Foundation, Inc., authorize not only copying but also the creation of derivative works - and the license prohibits charging for the derivative work. People may make and distribute de... More... $0 (11-14-2006 - IN) |
| Societe Civile Succession Richard Guino v. Rima Fine Art, Jean-Emmanuel Renoir, Dror Darel and Tracy Penwell |
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Societe Civile Succession Richard Guino sued Rima Fine Art, Jean-Emmanuel Renoir, Dror Darel and Tracy Penwell on a copyright violation theory for wrongfully reproducing a collection of sculptures created by artists Pierre-Auguste Renoir and Richard Guino. Plaintiff alleged that the defendants acted intentionally in violating the copyrights and damages of $1.5 million. The defenses ass... More... $50000 (11-14-2006 - AZ) |
| National Music Publishers’ Association v. Kazaa |
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Counsel for the music publisher plaintiffs in the ongoing litigation against the operators of the Kazaa peer-to-peer network informed the U.S. District Court in Los Angeles today that the music publishers have reached an anticipated settlement of the publishers' class action litigation against the operators of the Kazaa peer-to-peer network. The settlement, reached after months of negot... More... $1 (11-01-2006 - CA) |
| BondPro Corporation v. Siemens Power Generation, Inc. |
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The plaintiff in this diversity suit for theft of a trade secret won a verdict on liability from the jury; but before the jury proceeded to the second stage of a bifurcated trial - that of determining what damages, if any, the plaintiff had suffered - the district judge granted judgment for the defendant as a matter of law. Wisconsin law - but as adopted in Wisconsin, the Uniform Trade S... More... $0 (09-14-2006 - WI) |
| Subsalve USA Corporation v. Watson Manufacturing, Inc. and Lynden C. Cox |
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This appeal presents the conundrum of what to do when a district court order purports both to grant a motion to dismiss and to transfer the action to a different district. Based on clear evidence of the district judge's intent, we hold that the order should be construed as a transfer order and that, therefore, immediate appellate review of the underlying findings is unavailable. I. BACKGR... More... $0 (09-12-2006 - RI) |
| Funky Films, Inc. v. Time Warner Entertainment Company, L.P., et al. |
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Gwen O'Donnell and Funky Films, Inc. (collectively, "appellants"), creators of the screenplay "The Funk Parlor," appeal the district court's summary judgment to Time Warner Entertainment Company and Home Box Office (collectively, "HBO"), creators of the award-winning television mini-series "Six Feet Under," for copyright infringement. Appellants assert that the district court erred in con... More... $0 (08-31-2006 - CA) |
| Image Software, Inc. v. The Reynolds and Reynolds Company, et al. |
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1mage Software, Inc. ("1mage") appeals the district court's decision compelling arbitration, in Ohio, of a dispute arising under a software licensing agreement. Before reaching the merits of this appeal, we must address two potential problems with the district court's jurisdiction. First, we conclude the district court had subject matter jurisdiction based upon the federal question presented by... More... $0 (08-29-2006 - CO) |
| Jonnie D. Miller, et al. v. Glenn Miller Productions, Inc. |
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Steven and Jonnie Miller, adopted children of Helen Miller, wife of the world-renowned bandleader Glenn Miller, and their exclusive licensing agent CMG Worldwide Inc. (collectively "Appellants") appeal from the district court's order granting defendant Glenn Miller Productions, Inc. ("GMP") summary judgment and dismissing their complaint on the basis of laches. See Miller v. Glenn Miller ... More... $0 (07-20-2006 - CA) |
| Confold Pacific, Inc. v. Polaris Industries, Inc. |
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The district judge granted summary judgment for the defendant, Polaris, a manufacturer of snowmobiles and other vehicles, in this diversity suit by ConFold for breach of contract and unjust enrichment. Polaris used to ship its vehicles in disposable containers, but in 1993 it began considering the possibility of using returnable containers instead. ConFold was a new company that wanted t... More... $0 (01-10-2006 - WI) |
| Marvel Enterprises Inc et al v. NCSoft Corporation et al |
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Marvel Enterprises, Inc., owner of Marvel Comic Books, sued NCSoft Corporation of violating Marvel's copyrights and trademark registrations with its City of Heroes Internet game website. Marvel also asserted claims under the Digital Millennium Copyright Act. Marvel claimed that players of MMORPG City of Heroes were creating characters in the likeness of Marvel superheroes and thereby infringin... More... $0 (12-15-2005 - CA) |
| Polo Ralph Lauren v. United States Polo Association and Jordache Limited |
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Polo Ralph Lauren sued United States Polo Association and Jordache Limited on a Lanham Act claim of copyright infringement claiming that that the horse logos that they use in conjunction with their organizations infringed the horse logo used by it. Polo Ralph Lauren sought to stop the use by Jordache and the polo association of the four logos featuring two men playing polo on horses. USPA t... More... $0 (10-21-2005 - NY) |
| Cecil McBee v. Delica Co., Ltd. |
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It has long been settled that the Lanham Act can, in appropriate cases, be applied extraterritorially. See Steele v. Bulova Watch Co., 344 U.S. 280 (1952). This case, dismissed for lack of subject matter jurisdiction, requires us, as a matter of first impression for this circuit, to lay out a framework for determining when such extraterritorial use of the Lanham Act is proper. In... More... $0 (08-05-2005 - ME) |
| Hess Newmark Owens Wolf, Inc. v. Dorris Owens and Owens Group, Inc. |
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In 1998 four veterans of the motion-picture promotion business - Mary Hess, Barry Newmark, Doris Owens, and Stuart Wolf - decided to pool their efforts. They formed Hess Newmark Owens Wolf, Inc., or HNOW, to provide advertising, public relations, and promotional services to studios. Each of the four held 22.5% of the stock (a fifth investor received 10%). Each had operated an independent... More... $0 (07-13-2005 - IL) |
| ISLAND SOFTWARE AND COMPUTER SERVICE, INC. v. MICROSOFT CORPORATION |
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This appeal involves, primarily, the proof needed for finding, at the summary judgment stage, that copyright infringement was "willful." In the absence of evidence conclusively demonstrating actual, rather than constructive, knowledge of infringement, we conclude that summary judgment on the question of willfulness was inappropriate. I. BACKGROUND Defendant-counter-claimant-appellee Mic... More... $0 (06-29-2005 - NY) |
| Metro-Goldwyn-Mayer Studios, Inc., et al. v. Grokster, Ltd., et al. |
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Respondent companies distribute free software that allows computer users to share electronic files through peer-to-peer networks, so called because the computers communicate directly with each other, not through central servers. Although such networks can be used to share any type of digital file, recipients of respondents’ software have mostly used them to share copyrighted music and... More... $0 (06-28-2005 - CA) |
| Yakuboff v. Microtune, Inc., et al. |
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Microtune(R), Inc. (Nasdaq:TUNE) announced today that the United States District Court for the Eastern District of Texas, Sherman Division, has entered orders and final judgments approving the previously announced settlements of the consolidated securities class action litigation and the consolidated shareholder derivative litigation involving Microtune. The securities class action settle... More... $5625000 (04-07-2005 - TX) |
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