Patent Infringement Law
 
FEDERAL TRADE COMMISSION v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.

The pharmaceutical company Boehringer claimed attorney-client privilege over certain documents subpoenaed by the Federal Trade Commission. The attorney-client privilege applies to a communication between attorney and client if at least “one of the significant purposes” of the communication was to obtain or provide legal advice. In re Kellogg Brown & Root, Inc., 756 F.3d 754, 758 (D.C. Cir. 2014)... More...   $0 (06-21-2018 - DC)

STATE OF OHIO - vs - DESHAWN DAJUAN RIPPEY

This cause came on to be considered upon a notice of appeal, the transcript of
the docket and journal entries, the transcript of proceedings and original papers from the
Butler County Court of Common Pleas, and upon a brief filed by appellant's counsel.
{¶ 2} Counsel for appellant, DeShawn DaJuan Rippey, has filed a brief with this court
pursuant to Anders v. California, 386 U.... More...
   $0 (06-20-2018 - OH)

STATE OF LOUISIANA VERSUS CHRISTIAN HERNANDEZ

On January 27, 2014, the Jefferson Parish District Attorney filed a bill of
information charging defendant, Christian Hernandez, with armed robbery with a
firearm, in violation of La. R.S. 14:64 and La. R.S. 14:64.3 (count one) and
attempted second degree murder, in violation of La. R.S. 14:30.1 and La. R.S. 14:27
(count two). Defendant was arraigned on January 30, 2014, and p... More...
   $0 (06-17-2018 - LA)

State of Tennessee v. Brian C. Frelix

This case arises from an October 12, 2013, home invasion in Williamson County, Tennessee. The Defendant and a co-defendant entered a residence where the victims, a husband, wife, and two minor sons were present. The Defendant held the victims at gunpoint while the co-defendant searched the housefor valuables. AWilliamson County grand jury returned a fourteen-count indictment against the Defenda... More...   $0 (06-10-2018 - TN)

STATE OF LOUISIANA V. JOHN DRUMMER, JR.

On September 10, 2015, John Drummer, Jr. (Defendant), who was home
alone with his girlfriend’s children, severely beat two-year-old Marcus Deal, Jr.
(Marcus, Jr.)1. Shortly thereafter the child became unresponsive. Defendant took
the victim to the hospital where he died as a result of massive internal injuries
received during the beating. Dr. Christopher Tape, M.D. (Dr. Tape... More...
   $0 (06-07-2018 - LA)

Ecimos,, LLC and Electrical Controls, Inc. v. Nortek Global HVAC, LLC Western District of Tennessee Federal Courthouse - Memphis, Tennessee

At first glance, this case appears complicated. It languished for years in the district court as the magistrate judge and district judge held countless hearings and conferences and issued dozens of rulings. All told, this case sprawled over more than 250 docket entries. But a closer look reveals that the core issue boils down to a simple life lesson: play by the rules. This fundamental concept com... More...   $0 (06-01-2018 - TN)

Verisign, Inc. v. XYZ, L.L.C. United States Court of Appeals for the Fourth Circuit

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

John Frances McNamara v. The State of Texas Texas Court of Appeals, Second District Courthouse - Fort Worth, Texas

In 1999, Appellant married a woman (Mother) with two young daughters,
H.W. and J.W. (collectively, the girls), and a baby boy, and the couple soon had
a son together. Appellant and Mother divorced several years later. In 2014,
J.W., then almost nineteen years old, reported to the girls’ father (Father) and
stepmother (Stepmother) that Appellant had sexually abused her when sh... More...
   $0 (05-28-2018 - TX)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Buc-ee's, Ltd. v. Amjad Panjwani, et al.

Houston, TX - Jury Finds Choke Canyon Infringed Buc-ee's Trade Mark

Buc-ee's, Ltd. v. Amjad Panjwani, Shepherd Retail, Inc., Harlow Food, Inc., Blanco Restaurant, Inc., Live Oak Retail, Inc., Falfurrias Highway Foods, Inc., Highway 46 Retail, Inc., Mariam, Inc. and S.W. Retail Inc. on trademark infringement theories claiming that the Choke Canyon's alligator mascot infringes on the Buc-ee... More...
   $0 (05-23-2018 - TX)

COMMONWEALTH vs. JONATHAN PICKERING Massachusetts Supreme Judicial Court

While serving a probationary term in connection
with two convictions of open and gross lewdness, the defendant
endeavored to meet a person whom he believed was a thirteen year
old boy so that he could perform sexual acts on him. Following
a probation violation hearing, a judge in the Superior Court
concluded that the defendant had violated his probation by
committing... More...
   $0 (05-22-2018 - MA)

STATE OF OHIO - vs - THERESA D. HAWKINS-STEPHENS

This cause came on to be considered upon a notice of appeal, the transcript of
the docket and journal entries, the transcript of proceedings and original papers from the
Butler County Court of Common Pleas, and upon a brief and amended brief filed by
appellant's counsel.

Counsel for appellant, Theresa D. Hawkins-Stephens, has filed a brief with this
court pursuant to ... More...
   $0 (05-22-2018 - OH)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

STATE OF LOUISIANA VERSUS DEXTER ALLEN

On July 30, 2015, a Jefferson Parish Grand Jury indicted defendant, Dexter
Allen, on two counts of second degree murder (counts one and two), violations of
La. R.S. 14:30.1, and 21 counts of simple burglary (counts five through 23), in
violation of La. R.S. 14:62.1 Defendant pled not guilty at his arraignment on
September 11, 2015. On October 11, 2016, the matter proceeded to... More...
   $0 (05-18-2018 - )

STATE OF LOUISIANA VERSUS GERMAINE GUMMS Fifth Circuit Court of Appeal

On July 21, 2014, the Jefferson Parish District Attorney charged defendant,
Germaine Gumms, by two separate bills of information, with possession of
methamphetamine, a felony, in violation of La. R.S. 40:967(C), in district court
case number 14-3778, and possession of synthetic cannabinoid, a misdemeanor, in
violation of La. R.S. 40:966(C), in district court case number 14-3779... More...
   $0 (05-18-2018 - LA)

STATE OF LOUISIANA VERSUS KEVIN M. PARNELL, JR. FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

On March 27, 2017, the Jefferson Parish District Attorney filed a bill of
information charging defendant and five co-defendants with multiple offenses.
Defendant was charged with armed robbery with a firearm in violation of La. R.S.
14:64.3(A) (count one); aggravated second degree battery with a dangerous
weapon, by intentionally inflicting serious bodily injury in violation o... More...
   $0 (05-18-2018 - LA)

STATE OF LOUISIANA VERSUS TYVON M. TURNER

On January 6, 2016, the Jefferson Parish District Attorney filed a bill of
information charging defendant with armed robbery, in violation of La. R.S. 14:64,
while armed with a firearm as per La. R.S. 14:64.3. Defendant pled not guilty at
his arraignment.
On April 25, 2016, defendant withdrew his not guilty plea and, after being
advised of his rights, pled guilty to arm... More...
   $0 (05-18-2018 - LA)

STATE OF LOUISIANA V. JOSEPH MORGAN Louisiana Circuit Courts of Appeal

On May 29, 2008, the Defendant1 was indicted with the second degree
murder of Gervais Nicholas.2 He pled not guilty at arraignment. After a four-day
trial, a twelve-person jury found the Defendant guilty as charged.3 The trial court
denied the Defendant‟s motion for new trial and granted an appeal. Subsequently,
the Defendant was sentenced to life in prison with the p... More...
   $0 (05-17-2018 - LA)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Mark Burns v. Daniel P. Martuscello, Jr., et al. Northern District of New York Federal Courthouse - Syracuse, NY

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging ... More...
   $0 (05-14-2018 - NY)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
   $0 (05-11-2018 - WV)

STATE OF MISSOURI ex rel. SHAYNE HEALEA v. THE HONORABLE FREDERICK P. TUCKER, Supreme Court of Missouri

Healea was arrested in October 2014 for allegedly backing his truck into a
restaurant’s outside wall, which resulted in four patrons sustaining injuries. He was
charged with four counts of second-degree assault and one count of leaving the scene of a
motor vehicle accident. Healea was taken to the police department, where he requested
to speak with his attorney privately. Th... More...
   $0 (05-03-2018 - MO)

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