Patent Infringement Law
 
STATE OF NEW JERSEY v. BRANDON W. VASHEY, STATE OF NEW JERSEY v. DARYEL L. RAWLS, a/k/a DARRYL RAWLS, DARYEL C. RAWLS, DARYL RAWLS, and DERRYL RAWLS, DERIC RAWLS, DETRIC J. RAWLS, and DETRICK J. ROSS

In these three back-to-back appeals, which we now
consolidate for purposes of this opinion, defendants Dectric
Rawls (Dectric), Daryel Rawls (Daryel),1 and Brandon W. Vashey
challenge their convictions and sentences following their guilty
pleas to various narcotics-related offenses arising from their
participation in a large-scale heroin-trafficking operation. We
aff... More...
   $0 (02-05-2016 - NJ)

Erick Lopez v. Adam Huron D/B/A Adam's Mexican Food Products

Erick Lopez appeals a judgment entered against him based on a jury’s findings that he breached implied warranties relating to plastic bags he sold to Adam Huron d/b/a Adam’s Mexican Food Products.1 Lopez presents three issues on appeal asserting the trial court erred by: (1) entering judgment against him because no jury finding was requested or made regarding any statutory exception a claimant is... More...   $0 (02-03-2016 - TX)

State of Louisiana v. Brian Henry Turner

Defendant, Brian Henry Turner, was originally charged by bill of
information with felony theft of assets of an aged or disabled person in an
amount exceeding $1,500 for taking his elderly parents’ debit card and
conducting at least 107 transactions at local casinos and the race track in
amounts exceeding $30,000. Pursuant to a plea bargain, Turner was
allowed to plead guilty t... More...
   $0 (02-03-2016 - LA)

State of Louisiana v. Anthony Dewayne WilliamsLA

The record shows that in May 2013, the defendant was arrested and
charged with aggravated battery. Several witnesses testified at defendant’s
trial and provided the following testimony:
Brett Thompson, a deputy with the Ouachita Parish Sheriff’s Office,
testified that on May 6, 2013, at 11:39 p.m., he was dispatched to the
intersection of Highway 594 and Highway 80, the locat... More...
   $0 (02-03-2016 - LA)

PFIZER, INC., A DELAWARE CORPORATION, WYETH HOLDINGS CORPORATION, A MAINE CORPORATION v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

A patent has a term of twenty years from the patent application’s effective filing date. 35 U.S.C. § 154(a)(2). Thus, an issued patent’s twenty-year term is measured from the filing date of the parent patent application. An issued patent’s enforceable life thus depends on the length of the PTO’s examination of a patent application. To account for any undue delays in patent examination caused b... More...   $0 (01-31-2016 - VA)

AKZO NOBEL COATINGS, INC. v. DOW CHEMICAL COMPANY

Akzo owns by assignment the ’956 patent, directed to an extrusion process that generates low viscosity aqueous polymer dispersions. ’956 patent, at [57]. In order to achieve uniform distribution of the polymer in the aqueous medium, the specification notes that “the mixture cannot be heated above the boiling point of the carrier liquid, or else the liquid boils and it becomes impossible to dispe... More...   $0 (01-31-2016 - DC)

State Of Nebraska v. Collins

Collins was originally charged with first degree sexual assault of a child and third degree sexual assault of a child. Pursuant to a plea agreement, Collins pled no contest to first degree sexual assault, pursuant to § 28-319(1)(c). On June 26, 2013, he was sentenced to 10 to 15 years’ imprisonment, with credit for 396 days’ time served. The child in question was Collins’ 12-year-old stepdaughter.... More...   $0 (01-29-2016 - NE)

STATE OF LOUISIANA Vs. DALE LAMBERT

On August 22, 2013, Dale Lambert was indicted for the second degree
murder of Bernard Santiago, a violation of La. R.S. 14:30.1. After entering a plea
of not guilty, Mr. Lambert filed motions to suppress the evidence, statements and
identification, all of which were denied on May 8, 2014. A jury trial took place
from March 2, 2014 through March 4, 2014 and, by a verdict of t... More...
   $0 (01-24-2016 - LA)

STATE OF LOUISIANA Vs. ROBERT TOUSSAINT

Defendant was charged by bill of information on December 14, 2013, with
unauthorized use of a motor vehicle, in violation of La. R.S. 14:68.4. Defendant
appeared for arraignment on February 10, 2014, and entered into a plea of not
guilty. Thereafter, Defendant filed a motion for preliminary hearing and a motion
to suppress. On July 21, 2014, the trial court denied the motion... More...
   $0 (01-24-2016 - LA)

AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS

In this case we must decide whether Texas partnership law requires a plaintiff seeking to
enforce a partner’s liability for a partnership debt to sue the partner within the limitations period on
the underlying claim against the partnership. Here, a judgment creditor attempted to collect from a
partnership after litigating a contract claim for over a decade and a half, only to find the ... More...
   $0 (01-24-2016 - TX)

State Of Nebraska v. Valverde

Following a jury trial, Valverde was convicted of two counts of third degree sexual assault of a child, second offense; four counts of child abuse; and three counts of first degree sexual assault of a child, second offense, relating to acts committed against H.L. and B.V. at locations in Sarpy County between June 1, 2008 and December 10, 2010. On direct appeal, Valverde assigned error to the proce... More...   $0 (01-23-2016 - NE)

Container Store v. United States

The subject merchandise is the Container Store’s top tracks and hanging
standards, two components of its patented elfa® system. Consumers typically
purchase and assemble elfa® systems to provide storage for their homes and offices.
They can assemble the elfa® system’s components in a variety of configurations to create a customized, modular storage unit. There are two articles at... More...
   $0 (01-21-2016 - NY)

United States of America v. Artashes Darbinyan

Los Angeles, CA - Glendale Men Charged with Bank Fraud Conspiracy Related to Trademark Scam

Two Glendale residents have been charged in a superseding indictment in connection with a bank fraud scheme involving the proceeds of a mass mailing scam targeting holders of U.S. trademarks.

Artashes Darbinyan, 36, and Orbel Hakobyan, 41, were charged in a superseding indictmen... More...
   $0 (01-20-2016 - CA)

Nebraska v. Parker

The Omaha Tribe settled in the Missouri River valley more than 500 years ago. Over the course of several centuries, the Tribe established villages in northeastern Nebraska, farmed the land, and hunted deer and bison across the plains. But the Tribe increasingly found itself threatened by westward expansion, warfare with other tribes, and disease. Following the United States’ acquisition of it... More...   $0 (01-20-2016 - DC)

State of Louisiana v. Elizabeth Taylor Smith

The juvenile involved in this case, N.L., was born on April 25, 2009,
premature at 24 weeks gestation, and was in the hospital for three months
after her birth. She was released from the hospital to her biological parents,
but N.L. and her siblings were removed from the home and placed with
N.L.’s paternal grandmother in September of 2010. On February 17, 2011,
N.L. was remov... More...
   $0 (01-18-2016 - LA)

State of Louisiana v. Perneicia Felicia Simpson

On April 17, 2013, the defendant, 18-year-old Perneicia Simpson,
took her infant daughter, J.B.-1, to the emergency room at St. Francis
Medical Center in Monroe. At that time, the infant was 17 days old and had
a twin brother. The defendant and the twins’ father, Shuddarrius L. 1
Ballard, reported that the infant was crying continuously, as if she were in
pain. The emergency... More...
   $0 (01-18-2016 - LA)

State of Louisiana v. Marcus Smith

After shopping in the Walmart on Airline Drive in Bossier City,
Louisiana, on the afternoon of September 23, 2013, Carolyn Caskey put the
purchased items into the back seat of her 2008 Impala. As she prepared to
drive off, Marcus Joel Smith got into the passenger seat of her vehicle.
According to Caskey, Smith pointed a firearm at her and demanded money.
Caskey told Smith th... More...
   $0 (01-18-2016 - LA)

State of Louisiana v. Michael Dale Downs

Michael Dale Downs was originally charged with aggravated rape,
forcible rape, two counts of molestation of a juvenile and two counts of
indecent behavior with juveniles. In exchange for the dismissal of the
remaining charges and a sentence cap of 38 years, Downs agreed to plead
guilty to one count of molestation of a juvenile under La. R.S.
14:81.2(D)(1). Downs was sentenced... More...
   $0 (01-18-2016 - LA)

State of Louisiana v. Kevin Porter

On July 19, 2012, the state filed a secret indictment charging
Defendant with one count of aggravated rape in violation of La.
R.S. 14:42(A)(4), stating that, during the year 2010, Defendant committed
aggravated rape in that he had sexual intercourse with R.S., whose date of 1
birth is March 16, 1998, without her lawful consent because she was under
the age of 13 at the time. ... More...
   $0 (01-18-2016 - LA)

US v. John Bird, Jr.

The evidence presented at Bird’s trial showed the following. On Christmas Day, 2008, the victim, Merony George “Garce” Shell, was walking in the woods at the end of Bunches Creek Road, a mountainous area within the boundaries of the Cherokee reservation. He heard someone behind him, turned and saw Bird, a former co-worker of Shell’s, standing near a gray truck and holding a rifle at his side. S... More...   $0 (01-17-2016 - NC)

Simmons v. Stanberry

16 Plaintiff Tyrone Simmons appeals from a judgment of the United States District Court for
17 the Eastern District of New York (Irizarry, J.) dismissing his suit on grounds of untimeliness.
18 Simmons, who is a writer and performer of hip-hop music, brought this suit against hip-hop
19 producer William C. Stanberry, Jr., the well-known rapper Curtis Jackson (who performs under
20 ... More...
   $0 (01-17-2016 - NY)

United States of America v. Miguel Angel Gomez Rebolledo

Fresno, CA - Final Defendant Pleads Guilty in Connection with Extensive Counterfeit Media Conspiracy in Central Valley

Miguel Angel Gomez Rebolledo, 35, of San Jose, pleaded guilty before U.S. District Judge Lawrence J. O’Neill to conspiracy to commit criminal copyright infringement and related crimes.

Gomez Rebolledo was the last defendant to plead guilty in connection with an ... More...
   $0 (01-15-2016 - CA)

LFP IP, LLC v. Hustler Cincinnati, Inc.

This appeal marks the latest chapter in a long-running business dispute between two siblings: Jimmy and Larry Flynt. At issue is whether the district court erred in modifying a 2011 permanent injunction that prohibited Jimmy (and his associated entities) from using trademarks owned by Larry (and his associated entities), including a trademark featuring their shared last name: Flynt. Because t... More...   $0 (01-14-2016 - OH)

Larry Holmberg v. United States of America

This case arises out of Plaintiff Larry Holmberg’s allegation that Defendant, the United States, has violated 28 U.S.C. § 1498 through the use or manufacture of the invention described in United States Patent Nos. 6,988,332 (“the 331 patent”) and 7,100,321 (“the 321 patent”). Specifically, the alleged violation arises from Defendant’s use of an allegedly infringing product produced by Third-Party... More...   $0 (01-12-2016 - DC)

Commonwealth of Pennsylvania v. Mark A. Haynes, David M. Whitcomb and Daniel H. Graff

York, PA - The Commonwealth of Pennsylvania charged Mark A. Haynes, David M. Whitcomb and Daniel H. Graff official oppression in violation of 18 P.S. 903, conspiracy in violation of 18 P.S. 5301 and harassment in violation of 18 P.S. 2709 claiming that they defendants county prison guards staged fights between inmates as part of a "Fight Club" that pitted inmates against one another. The State cla... More...   $0 (01-08-2016 - PA)

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AK Morlan
Kent Morlan, Esq.
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