Patent Infringement Law
 
DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

Edward Tuffly, a/k/a Bud Tuffly v. U.S. Department of Homeland Security Ninth Circuit Court of Appeals - San Francisco, California

Edward “Bud” Tuffly, the treasurer of the National
Border Patrol Council, the union for Border Patrol agents,
seeks to compel, under the Freedom of Information Act, the
disclosure of the names of 149 non-citizens who were
released from detention pending a final determination
whether they will be removed—names that could be linked to
other personal information that has alrea... More...
   $0 (09-13-2017 - AZ)

Craig Zuber v. Boscov's Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether a former employee waived his right to assert claims under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2617 (“FMLA”), and Pennsylvania common law when he signed a Compromise and Release Agreement (“C&R”) to settle his workers’ compensation claims. The District Court held that the former
3
employee had waived his claim, and granted Boscov’s... More...
   $0 (09-13-2017 - PA)

Navico, Inc. et al v. Garmin International, Inc., et al.

Longview, TX - Jury Finds In Favor of Navico On Patent Infringement Claim Against Garmin International

Navico, Inc. sued Garmin International, Inc. on a patent infringement theory claiming that Garmin infringed U.S. Patent Nos. 9,223,022 and 9,244,168 relating to marine sonar technology. ... More...
   $38755000 (09-12-2017 - TX)

United States of America v. $11,500 In United States Currency Ninth Circuit Court of Appeals - San Francisco, California

This appeal is from a civil forfeiture of $11,500 under
21 U.S.C. § 881(a)(6). The claimant and his wife are heroin
addicts, who have been buying and selling drugs for most of
their lives. When the claimant, through a friend, tried to post
the $11,500 as bail for his wife, the government seized the
cash. At trial, the government had two theories: first, that the
money was p... More...
   $0 (09-06-2017 - OR)

iLife Technologies Inc v. Nintendo of America, Inc.

Dallas, TX - iLife Technologies Inc sued Nintendo of America, Inc. on a patent infringement theory claiming that it infringed U.S. Patent No. 6,864,796 for a "system and mthods for evaluating movement of a body relative to an environment." The patent drawings showed a body-mounted motion detector that could detect falls in the elderly.

Nintendo denied that it infringed iLife's patent.
... More...
   $10100000 (09-02-2017 - TX)

Flanigan's Enterprises, Inc. of Georgia v. City of Sandy Springs, Georgia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

We granted rehearing en banc to review the constitutionality of a municipal
ordinance prohibiting the sale of sexual devices in light of several recent Supreme
Court decisions which, it was argued, call into question the continued vitality of
this Court’s decision in Williams v. Attorney General (Williams IV), 378 F.3d
1232 (11th Cir. 2004). After we agreed to take the case en ba... More...
   $0 (08-23-2017 - GA)

Roger Vanderklok v. United States of America

Roger Vanderklok wanted to fly from Philadelphia to
Miami, where he intended to run a half-marathon. In his
carry-on luggage, he had a heart monitor and watch stored
inside a piece of PVC pipe that was capped on both ends.
During screening at the airport security checkpoint, the pipe
and electronics prompted secondary screening, supervised by
Transportation Security Adminis... More...
   $0 (08-23-2017 - PA)

Conner Chandler v. State of Oklahoma ex rel. Department of Public Safety Oklahoma Court of Civil Appeals - Oklahoma City, Oklahoma

¶1 Conner Chandler (Chandler) appeals a district court order sustaining an order of the Department of Public Safety (DPS) revoking his driver's license for refusal to submit to State's tests for alcohol. Based on the appellate record and applicable law, we reverse the order.

FACTS AND PROCEDURAL BACKGROUND

¶2 On August 7, 2013, a police officer for the City of Glenpool, Oklahoma,... More...
   $0 (08-22-2017 - OK)

United States of America v. Artashes Darbinyan Federal Courthouse - Los Angeles, California

Los Angeles, CA - California Man Sentenced to Prison for Perpetrating Trademark Scam

A California man was sentenced to prison on August 21, 2017 for his role as the mastermind of a $1.66 million mass mailing scam aimed at trademark holders. The former manager of a Wells Fargo branch in Glendale, California, and his associate were also sentenced to prison for their roles in laundering the... More...
   $0 (08-22-2017 - CA)

Mikeo Levi v. Atossa Genetics, Inc.

We consider how and the extent to which our securities laws protect the investing public. Miko Levi, Bandar Almosa, Gregory Harrison, and Nicholas Cook (“Plaintiffs”) appeal the district court’s dismissal of their amended securities fraud class action complaint. Plaintiffs allege that Atossa Genetics, Inc. (“Atossa”) and its Chairman and Chief Executive Officer, Steven Quay, made a series of publi... More...   $0 (08-21-2017 - WA)

Kathleen Hagan v. Patrick J. Quinn

Plaintiffs are former arbitrators
for the Illinois Workers’ Compensation Commission. In 2011,
plaintiffs and another arbitrator brought a due process action
challenging the implementation of House Bill 1698, a workers’
compensation reform statute that had terminated their sixyear
appointments under prior law. The district court granted
summary judgment for defendants, and w... More...
   $0 (08-17-2017 - IL)

United States of America v. Hemza Menade Lefsih

A jury convicted Hemza Menade Lefsih, an Algerian native who entered the United States through the Diversity Immigrant Visa Program, of immigration fraud. During Lefsih’s trial, the district court interjected numerous times, expressing skepticism of the Diversity Immigrant Visa Program and a negative impression of individuals who participate in the program. We find that this judicial intervention ... More...   $0 (08-14-2017 - NC)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas ... More...   $0 (08-08-2017 - TX)

Martin Allen Johnson v. Jeff Premo

In a two-phased jury trial, petitioner was convicted
of aggravated murder and sentenced to death for killing
a fifteen-year-old girl, HF. The state’s theory of the case
was that petitioner had killed HF intentionally in furtherance
of, or in an effort to conceal, the commission of sexual
offenses against her. This court affirmed his convictions and
sentence. State v. Johnso... More...
   $0 (08-03-2017 - OR)

Steven J. Trazaska v. L'Oreal USA, Inc.; L'Oreal, S.A.

Steven J. Trzaska was an in-house patent attorney for
L’Oréal USA, Inc. (“L’Oréal USA”), a cosmetics company.
It fired him, he alleges, for his refusal to violate various
ethical rules that govern the legal profession. He asserts that
this action violated New Jersey employment law, as one
cannot be fired for refusing to violate regulations or public
3
policy at the ins... More...
   $0 (08-01-2017 - NJ)

Global Tel*Link Corporation v. Securus Technologies, Inc.

Global Tel*Link Corporation (“GTL”) moved to dismiss a suit brought by Securus Technologies, Inc. (“Securus”) based on the provisions of the Texas Citizen’s Protection Act (“TCPA”). Securus responded asserting the commercial speech exception applied to its suit or, in the alternative, it had clear and convincing evidence to support the claims asserted. Following a hearing, the trial court denied G... More...   $0 (08-01-2017 - TX)

Matthew D. Murphey v. Jean Shiomoto

In this appeal, we consider whether the trial court erred in granting a petition for
writ of administrative mandate ordering the Department of Motor Vehicles (the
Department) to rescind an order suspending the driver's license of a person arrested for
driving under the influence (Veh. Code, § 23152, subd. (a))1 and awarding attorney fees
and costs to the person. We reverse the tria... More...
   $0 (07-31-2017 - CA)

Filmon.com v. Doubleverify, Inc.

Plaintiff FilmOn.com (FilmOn) is an Internet-based
entertainment media provider. Defendant DoubleVerify, Inc.
(DoubleVerify) provides authentication services to online
advertisers. FilmOn sued DoubleVerify for trade libel, slander,
and other business-related torts, alleging DoubleVerify falsely
classified FilmOn’s websites under the categories “Copyright
Infringement-File S... More...
   $0 (07-26-2017 - CA)

Alwin Carl Lewis v. The Superior Court of Los Angeles County, Medical Board of California, Real Party in Interest

The Controlled Substance Utilization Review and Evaluation System
(CURES) is California‟s prescription drug monitoring program. By statute, every
prescription of a Schedule II, III, or IV controlled substance must be logged in
CURES, along with the patient‟s name, address, telephone number, gender, date of
birth, drug name, quantity, number of refills, and information a... More...
   $0 (07-25-2017 - CA)

Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company Federal Courthouse - Philadelphia, Pennsylvania

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks failed to... More...   $0 (07-24-2017 - PA)

STATE OF LOUISIANA V LASHAWN DAVIS Fifth Circuit Court of Appeal

Because defendant pled guilty, the facts were not fully developed in the
record. However, during the guilty plea colloquy, the State provided the following
factual basis for the guilty plea:
On April 22nd, 2013, Lashawn Davis, Charlie Gumms, Davante Robertson, and Frankie Hookfin decided they would travel to the Lapalco Apartments with multiple firearms for the purpose of making a ... More...
   $0 (07-23-2017 - LA)

STATE OF LOUISIANA V. MISTY EIERMANN Terrytown woman was killed with 17 blows to head, officer says

On January 15, 2015, a Jefferson Parish Grand Jury indicted defendant,
Misty Eiermann, with second degree murder in violation of La. R.S. 14:30.1 (count
one), obstruction of justice in violation of La. R.S. 14:130.1 (count two), illegally
supplying a felon with a firearm in violation of La. R.S. 14:95.1.1 (count three),
possession of morphine in violation of La. R.S. 40:967(C) ... More...
   $0 (07-23-2017 - LA)

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