Patent Infringement Law
 
STATE OF LOUISIANA V. KYVONTE LATRELL EAGLIN

The defendant, Kyvonte Latrell Eaglin, attended a party at the American
Legion Hall in Jennings on August 8, 2015. An altercation broke out, and a group
moved outside. The defendant went to his vehicle and retrieved a gun. Shots from
one or more firearms were fired, and the victim, Jawon Lennette, was killed.
The defendant was indicted for second degree murder, a violation o... More...
   $0 (03-30-2018 - LA)

Phyllis N. Gregory v. Creekstone Farms Premium Beef, L.L.C. District of Kansas Federal Courthouse - Wichita, Kansas

This appeal involves an award of summary judgment to the defendant
on claims involving premises liability. For these claims, the defendant had
only limited duties for dangers that are considered “open and obvious.”
This limitation lies at the center of this appeal: The victim was killed by
cattle, and the danger from cattle is ordinarily open and obvious. Here,
though, the catt... More...
   $0 (03-29-2018 - KS)

Pharrell Williams v. Frankie Christian Gaye Central District of California Federal Courthouse - Los Angeles, California

After a seven-day trial and two days of deliberation, a jury found that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.’s song “Blurred Lines,” the world’s best-selling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III’s copyright in Marvin Gaye’s 1977 hit song “Got To Give It Up.” Three consolidated appeals followed.

Appellants and Cross-A... More...
   $0 (03-29-2018 - CA)

Olivia DeHavilland v. FX Networks, LLC

Authors write books. Filmmakers make films. Playwrights
craft plays. And television writers, directors, and producers
create television shows and put them on the air -- or, in these
modern times, online. The First Amendment protects these
expressive works and the free speech rights of their creators.
Some of these works are fiction. Some are factual. And some are
a combinat... More...
   $0 (03-26-2018 - CA)

STATE OF LOUISIANA vs. KENDALL HARRISON

NOPD 911 operator Ms. Shondrell Isadore testified that every 911 call for
police assistance is recorded, assigned an item number and generates an incident
recall report. The item number assigned the 911 call in this case was A-034256
12. Ms. Isadore identified State’s Exhibit 2 as the recording of the 911 call, made
by Jeremy Ballard on January 25, 2012, at approximately 7:11 ... More...
   $0 (03-24-2018 - LA)

STATE OF LOUISIANA v. CLEVANCE CORMIER, JR Sex Offender

The victim, C.M., lived with his grandmother, Armelinda Trejo, after his
mother passed away in 2007, and because his father was not a part of his life.
C.M. and his grandmother moved to the Wingfield apartments in May 2010.
Defendant, Clevance “Junior” Cormier, lived in the Wingfield apartments, first in
apartment number three, and then in the apartment across from Ms. Trejo ... More...
   $0 (03-24-2018 - LA)

The Maids International, Inc. . v. Maids on Call, LLC et al. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Omaha, NE - The Maids International, Inc. sued Maids on Call, LLC et al. on a trademark infringement theory.... More...   $0 (03-23-2018 - NE)

Eleanor Licensing, LLC v. Classic Recreations, LLC

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to... More...
   $0 (03-22-2018 - CA)

Great Minds v. Fedex Office and Print Services, Inc. Southern District of New York - New York, New York

Plaintiff‐Appellant Great Minds appeals from the March 21, 2017 dismissal
under Federal Rule of Civil Procedure 12(b)(6) of its copyright infringement action
against FedEx Office and Print Services, Inc. (“FedEx”) in the United States District
Court for the Eastern District of New York (Hurley, J.). We find that Great Minds’
public license does not explicitly address whether ... More...
   $0 (03-21-2018 - NY)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Edward Lewis Tobinick, M.D. v. M.D. Seven Novella, et al. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dr. Edward Tobinick appeals the District Court’s award of attorney’s fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court’s decision to award attorney’s fees and the amount of fees it awarded were made in error. This case presents an issue of first impression for our circuit. That is, whether the “exceptional case” standard for awarding attorney’s fees in Patent Act cases, ... More...   $0 (03-12-2018 - FL)

Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, et al. District of Colorado Federal Courthouse - Denver, Colorado

Kenneth Jerome Dawson appeals the dismissal of his action brought pursuant
to 42 U.S.C. § 1983 in which he asserts a violation of his Fourteenth Amendment
substantive due process rights. Dawson challenges the official policies of the
Jefferson County Jail. Due to the timing of Dawson’s detention, the timing of his
posting of bond, and the court-ordered release condition that Dawson... More...
   $0 (03-10-2018 - CO)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Leesa Jacobson v. United States Department of Homeland Security, et al. Arizona District Federal Courthouse - Tucson, Arizona

Leesa Jacobson and Peter Ragan (collectively, Appellants) filed this suit to challenge their exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. Before any discovery occurred, the district court granted summary judgment to the Defendants-Appellees (Appellees). We vacate and remand for further proceedings.

FACTUAL AND PROCEDUR... More...
   $0 (02-19-2018 - AZ)

Pieter A. Folkens v. Wyland Worldwide, LLC Eastern District of California Federal Courthouse - Sacramento, California

Plaintiff Peter A. Folkens (“Folkens”) alleges that Defendant Robert T. Wyland (“Wyland”) infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland’s depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar element of two dolphins crossing underwater is protectable under copyright law, entitling ... More...   $0 (02-19-2018 - AZ)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
Background
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

San Francisco Apartment Association v. City and County of San Francisco

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput... More...
   $0 (02-13-2018 - NY)

Waymo, L.L.C. v. Uber Technologies, Inc. and Ottomotto, L.L.C.

San Francisco, CA - Uber Agreed To Pay Waymo $245 Million in Urber Stock To Settle

Waymo, LLC sured Uber Technologies, Inc. on patent infringement and theft of trade secret theories claiming that Urber bought Otto, which Waymo claimed had obtained technology relating to self-driving vehicles as a result of Otto's owner downloading Google technology files before leaving to found Otto. More...
   $0 (02-10-2018 - CA)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

United States of America v. Abhishek Shukla and Harish Shabhai Panchal Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Two Indian Citizens and India-based Corporation Plead Guilty to Conspiring to Smuggle Counterfeit Cigarettes

Abhishek Shukla and Harish Shabhai Panchal, both citizens of India, entered guilty pleas, along with the India-based company, Jubilee Tobacco Industries Corp., to conspiring to smuggle counterfeit cigarettes into the United States.

Benjamin G. Greenberg, United... More...
   $0 (01-24-2018 - FL)

JOEL DEVIN ROBINSON V. THE STATE OF TEXAS Texas First District Court of Appeals

At trial, the evidence showed that Robinson and another man committed an
armed robbery at a Whataburger. Surveillance video showed Robinson holding a
backpack while the other man pointed a shotgun at the cashier’s head. Robinson and
the other man fled when an alarm sounded, and Robinson was apprehended shortly
thereafter. The jury found Robinson guilty of aggravated robbery. More...
   $0 (01-20-2018 - TX)

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