opinion and polls US v. Zukerman By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Second Circuit) - Affirmed an investment firm founder's sentence for tax evasion. After pleading guilty, the firm founder was sentenced to prison and also ordered to pay restitution and a $10 million fine. On appeal, he challenged the fine, which was far higher than the amount recommended in his plea agreement. However, the Second Circuit saw no reason to overturn his sentence in any respect. Full Article Criminal Law & Procedure Sentencing White Collar Crime
opinion and polls U.S. v. Sampson By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States Second Circuit) - Reinstated federal embezzlement charges against a foreclosure referee who was also formerly a New York state senator. The defendant argued that the charges against him for allegedly embezzling escrowed funds from sales of foreclosed properties should be dismissed because the five-year statute of limitations on the offense had run. On appeal, the Second Circuit agreed with prosecutors that the district court should not have granted the defendant's motion to dismiss the charges as time-barred. Full Article Criminal Law & Procedure White Collar Crime Elections
opinion and polls US v. Acevedo-Hernandez By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed. Full Article Criminal Law & Procedure Judges & Judiciary White Collar Crime
opinion and polls US v. Burfoot By feeds.findlaw.com Published On :: 2018-08-08T08:00:00+00:00 (United States Fourth Circuit) - Affirmed the conviction of a Norfolk, Virginia, city council member for wire fraud, extortion under color of official right, conspiracy to commit such offenses, and two counts of perjury. The charges stemmed from the council member's solicitation of bribes from local real estate developers. He raised various substantive and procedural challenges to his conviction, but the Fourth Circuit found no merit in them and affirmed. Full Article White Collar Crime Criminal Law & Procedure
opinion and polls Heidary v. Superior Court (the People) By feeds.findlaw.com Published On :: 2018-08-14T08:00:00+00:00 (California Court of Appeal) - Held that the superior court did not err in denying a motion to set aside an indictment. The defendant in this case alleging that medical clinics fraudulently billed insurance companies argued that the indictment failed to provide constitutionally adequate notice of the charges against him and also improperly aggregated multiple acts into single counts. Rejecting his arguments, the Fourth Appellate District held that there was no basis for issuing a writ of prohibition directing the indictment to be set aside. Full Article White Collar Crime Criminal Law & Procedure
opinion and polls US v. Valdes-Ayala By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States First Circuit) - Affirmed the fraud-related convictions of a man who falsely promised to provide professional legal assistance to individuals who were behind on their court-ordered child support payments. On appeal, the defendant made several claims of trial and sentencing error. The First Circuit affirmed his convictions and the order of restitution but remanded for resentencing using the proper version of the Guidelines Manual. Full Article Criminal Law & Procedure Sentencing White Collar Crime
opinion and polls US v. Dickerson By feeds.findlaw.com Published On :: 2018-11-16T08:00:00+00:00 (United States Fifth Circuit) - Affirmed the conviction and sentence of a law firm office manager for participating in a scheme to defraud insurance companies by submitting client claims for fraudulent chiropractic treatments. The conviction was for conspiracy and mail fraud. Full Article Criminal Law & Procedure Sentencing White Collar Crime
opinion and polls People v. Franco By feeds.findlaw.com Published On :: 2018-12-10T08:00:00+00:00 (Supreme Court of California) - Interpreted Proposition 47, a recent initiative measure that makes certain types of forgery misdemeanors if the value of the forged instrument does not exceed $950. Held that the amount written on a forged check establishes its value for this purpose. Resolved a split in the courts of appeal regarding how to determine the value of a forged check. Full Article White Collar Crime Criminal Law & Procedure
opinion and polls US v. Balsiger By feeds.findlaw.com Published On :: 2018-12-10T08:00:00+00:00 (United States Seventh Circuit) - Affirmed a businessperson's conviction and sentence on wire fraud and conspiracy charges stemming from a scheme to defraud manufacturers that issue coupons for consumer products. He had headed one of the nation's largest coupon processing companies. Full Article Criminal Law & Procedure Sentencing White Collar Crime
opinion and polls US v. Kuczora By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the prison sentence of a defendant who pleaded guilty to wire fraud for stealing from unwary investors who sought his help in securing millions of dollars in financing. Full Article Criminal Law & Procedure Sentencing White Collar Crime
opinion and polls US v. Maclin By feeds.findlaw.com Published On :: 2019-02-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed a conviction for Medicaid theft, in a case where a billing manager embezzled payments that belonged to medical practice. Full Article Health Law White Collar Crime Criminal Law & Procedure
opinion and polls US v. Boliaux By feeds.findlaw.com Published On :: 2019-02-12T08:00:00+00:00 (United States Seventh Circuit) - Affirmed a used-car dealer's conviction for wire fraud and bank fraud in connection with his business dealings with secured lenders. Rejected his arguments regarding the sufficiency of the evidence. Full Article White Collar Crime Criminal Law & Procedure
opinion and polls US v. Garcia De Nieto By feeds.findlaw.com Published On :: 2019-04-30T08:00:00+00:00 (United States Fifth Circuit) - Affirmed a woman's convictions arising out of an identity theft scheme that she conducted from her home in Mexico. Full Article White Collar Crime Criminal Law & Procedure
opinion and polls US v. Anieze-Smith By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Ninth Circuit) - Affirmed a restitution order imposed against an owner of a medical supply company who was convicted of Medicare fraud. Held that she could be ordered to pay restitution even for losses resulting in part from conduct occurring outside the statute of limitations. Full Article Health Law White Collar Crime Criminal Law & Procedure
opinion and polls People v. Astorga-Lider By feeds.findlaw.com Published On :: 2019-05-22T08:00:00+00:00 (California Court of Appeal) - Affirmed an order declaring a deed of trust void, in a case where a woman pleaded guilty to grand theft for encumbering a married couple's real property with a fraudulent deed of trust. Full Article White Collar Crime Property Law & Real Estate Criminal Law & Procedure
opinion and polls US v. Seng Yong By feeds.findlaw.com Published On :: 2019-06-07T08:00:00+00:00 (United States Ninth Circuit) - On an issue of first impression, addressed the standard for determining the voluntariness of guilty pleas obtained through offers of leniency for third parties. Held that a man's guilty plea was voluntary even if it was made in exchange for leniency for his son, in this prosecution involving the operation of an unlawful sports betting operation. Full Article White Collar Crime Criminal Law & Procedure
opinion and polls People v. Pierce By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (California Court of Appeal) - Affirmed. Defendant, a chiropractor, was convicted of charges stemming from a scheme to defraud workers’ compensation insurance carriers. On appeal, Defendant claimed several errors at trial including a sentencing error. The appeals court found no abuse of discretion or prejudicial error. Full Article White Collar Crime Insurance Law Workers' Compensation
opinion and polls ZUP, LLC v. Nash Manufacturing, Inc. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action. Full Article Intellectual Property Patent
opinion and polls Trustees of Boston University v. Everlight Electronics Co., Ltd. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law. Full Article Intellectual Property Patent
opinion and polls Excelled Sheepskin and Leather Coat Corp. v. Oregon Brewing Co. By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches. Full Article Trademark Intellectual Property
opinion and polls GoPro, Inc. v. Contour IP Holding, LLC By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding. Full Article Intellectual Property Patent
opinion and polls Gordon v. Drape Creative, Inc. By feeds.findlaw.com Published On :: 2018-07-30T08:00:00+00:00 (United States Ninth Circuit) - Held that greeting-card companies were not entitled to summary judgment against a trademark infringement suit. The companies insisted that they did not violate the Lanham Act by producing greeting cards that contained phrases similar to one trademarked by a comedy writer who had posted a popular YouTube video known for its catchphrase Honey Badger Don't Care. However, the Ninth Circuit found genuine issues of material fact, and thus reversed and remanded for further proceedings on the comedy writer's claims. Full Article Trademark Intellectual Property
opinion and polls Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings. Full Article Intellectual Property Patent
opinion and polls JTEKT Corp. v. GKN Automotive Ltd. By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (United States Federal Circuit) - Dismissed an appeal from an inter partes review decision on grounds that the patent challenger lacked Article III standing. The challenger asserted that the patentee's claims for a motor vehicle drivetrain were invalid. On appeal, the Federal Circuit held that the challenger lacked standing because it had not established an actual injury; in particular, it had no product on the market or any concrete plans for future activity that would likely cause the patentee to complain of infringement. Full Article Intellectual Property Patent
opinion and polls BSG Tech LLC v. BuySeasons, Inc By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Federal Circuit) - Affirmed. Plaintiff sued defendant for infringement of several patents related to systems and methods for indexing information stored in wide access databases. The district court agreed with the defendant and held all asserted claims invalid as ineligible under 35 U.S.C. section 101. Full Article Intellectual Property Patent
opinion and polls Core Wireless Licensing v. Apple, Inc. By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part, reversed in part, and vacated in part. Plaintiff brought a patent infringement action. A jury found that the defendant infringed on both asserted claims and that neither claim was invalid. The Federal Circuit Court of Appeals affirmed some of plaintiff’s infringement claims, but stated that plaintiff’s theory of infringement of other claims was inadequate to support the judgment of infringement and therefore reversed on that claim. Full Article Intellectual Property Patent
opinion and polls In re Maatita By feeds.findlaw.com Published On :: 2018-08-20T08:00:00+00:00 (United States Federal Circuit) - Held that a patent application covering the design of an athletic shoe bottom should not have been rejected. The applicant argued that the patent claim met the enablement and definiteness requirements even though it used a single two-dimensional plan-view drawing to disclose the shoe bottom design. Agreeing that a designer of ordinary skill in the art would be able to make comparisons for infringement purposes, the Federal Circuit reversed the Patent Trial and Appeal Board's rejection of the patent claim. Full Article Intellectual Property Patent
opinion and polls ABS Entertainment, Inc. v. CBS Corp. By feeds.findlaw.com Published On :: 2018-08-20T08:00:00+00:00 (United States Ninth Circuit) - Reinstated claims for violation of California law copyrights possessed in certain musical performance sound recordings. The plaintiff copyright holders argued that their decision to remaster their pre-1972 analog sound recordings onto digital formats did not bring the remastered sound recordings exclusively under the ambit of federal law. Agreeing with the plaintiffs that their state law copyright claims were not preempted, the Ninth Circuit reversed the entry of summary judgment for the defendant radio broadcasters. Full Article Entertainment Law Intellectual Property Copyright
opinion and polls Scholz v. Goudreau By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (United States First Circuit) - Denied both parties' appeals in a trademark lawsuit between two members of the rock band Boston. A member of the multi-platinum band sued the band's former guitarist for trademark infringement and breach of contract in a dispute over the wording of public statements about the guitarist's former role in the band. At trial, the jury rejected all of the plaintiff's claims and all of the defendant's counterclaims. Both sides appealed, and the First Circuit affirmed. Full Article Entertainment Law Trademark Intellectual Property
opinion and polls Zheng CAI v. Diamond Hong, Inc. By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Federal Circuit) - Affirmed the decision of the U.S. Patent and Trademark Office’s decision cancelling registration of plaintiff’s trademark for a green tea product due to the likelihood of confusion with defendant’s registered mark. Full Article Trademark Intellectual Property
opinion and polls Ericsson Inc. v. Intellectual Ventures I, LLC By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Federal Circuit) - Vacated and remanded a decision of the U.S. Patent and Trademark Office Appeals Board (PTO Board) that certain claims relating to a wireless communications system are not patentable. In vacating and remanding, the Federal Circuit reasoned that the PTO Board did not consider portions of plaintiff’s reply. Full Article Intellectual Property Patent
opinion and polls Cobbler Nevada, LLC v. Gonzales By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the dismissal of a copyright infringement action brought against an individual who allegedly downloaded and distributed (i.e., pirated) a movie through peer-to-peer BitTorrent networks. The individual argued that he was not liable for infringement even if the infringing Internet Protocol (IP) address was his, because multiple individuals could connect via his IP address. Agreeing with him and noting that he operated an adult foster care home, the Ninth Circuit held that the complaint failed to state a claim of either direct or contributory infringement. Full Article Entertainment Law Intellectual Property Copyright
opinion and polls Tanksley v. Daniels By feeds.findlaw.com Published On :: 2018-08-28T08:00:00+00:00 (United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint. Full Article Entertainment Law Intellectual Property Copyright
opinion and polls Intellectual Ventures I LLC v. T-Mobile USA, Inc. By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (United States Federal Circuit) - Reinstated a patent infringement claim upon finding that the district court's grant of summary judgment resulted from an erroneous claim construction. The patentee accused several telecommunications companies of infringing its patent for an application-aware resource allocator. On appeal, the Federal Circuit agreed with the patentee that the district court construed the patent incorrectly. The panel vacated in relevant part and remanded. Full Article Intellectual Property Patent
opinion and polls Worlds Inc. v. Bungie, Inc. By feeds.findlaw.com Published On :: 2018-09-07T08:00:00+00:00 (United States Federal Circuit) - Vacated Patent Trial and Appeal Board decisions invalidating three patents relating to videogame software. The patentee contended that the petitions for inter partes review were time-barred because an alleged real party in interest had been served with a complaint alleging infringement over one year prior to the IPRs' filing dates. Finding possible merit in this argument, the Federal Circuit vacated and remanded for further proceedings. Full Article Intellectual Property Patent
opinion and polls Orexo AB v. Actavis Elizabeth LLC By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Reversed a judgment that a patent for a pharmaceutical product was invalid on the ground of obviousness. The Federal Circuit concluded that obviousness was not proved by clear and convincing evidence. Full Article Intellectual Property Patent
opinion and polls IXI IP, LLC v. Samsung Electronics Co., Ltd. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that certain patent claims relating to a wireless networking device were invalid as obvious. The Federal Circuit affirmed the Patent Trial and Appeal Board in an inter partes review proceeding. Full Article Intellectual Property Patent
opinion and polls University of California v. Broad Institute, Inc. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others. Full Article Patent Intellectual Property Drugs & Biotech
opinion and polls Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid. Full Article Intellectual Property Patent
opinion and polls In re: Detroit Athletic Co. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed the refusal to register the trademark DETROIT ATHLETIC CO. for sports apparel retail services because it was likely to be confused with DETROIT ATHLETIC CLUB for clothing goods. The Federal Circuit affirmed the Trademark Trial and Appeal Board's ruling. Full Article Trademark Intellectual Property
opinion and polls ParkerVision, Inc. v. Qualcomm Inc. By feeds.findlaw.com Published On :: 2018-09-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed that some, but not all, claims in a telecommunications patent were unpatentable as obvious. Finding no error, the Federal Circuit affirmed the determinations made in an review. Full Article Intellectual Property Patent
opinion and polls Nobel Biocare Services AG v. Instradent USA, Inc. By feeds.findlaw.com Published On :: 2018-09-13T08:00:00+00:00 (United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding. Full Article Intellectual Property Patent
opinion and polls Plixer International, Inc. v. Scrutinizer GMBH By feeds.findlaw.com Published On :: 2018-09-13T08:00:00+00:00 (United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional. Full Article Intellectual Property Trademark Civil Procedure
opinion and polls Skidmore v. Led Zeppelin By feeds.findlaw.com Published On :: 2018-09-28T08:00:00+00:00 (United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement. Full Article Entertainment Law Intellectual Property Copyright
opinion and polls Brand Services, LLC v. Irex Corp. By feeds.findlaw.com Published On :: 2018-10-17T08:00:00+00:00 (United States Fifth Circuit) - Revived an industrial scaffolding company's claim that a former employee stole trade secrets and confidential information when he went to work for a competitor. Reversed the entry of summary judgment for the competitor on the company's Louisiana Uniform Trade Secrets Act claim and common law conversion claim, in relevant part. Full Article Trade Secrets Intellectual Property
opinion and polls Wilson v. Dynatone Publishing Co. By feeds.findlaw.com Published On :: 2018-11-14T08:00:00+00:00 (United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records. Full Article Entertainment Law Intellectual Property Copyright
opinion and polls Hyatt v. Office of Management and Budget By feeds.findlaw.com Published On :: 2018-11-15T08:00:00+00:00 (United States Ninth Circuit) - Held that an individual could obtain judicial review of the federal government's denial of his petition under the Paperwork Reduction Act, which authorizes individuals to petition for a determination of whether they must provide information requested by a government agency. Reversed and remanded for further proceedings in the district court, in a case involving information collected by the Patent and Trademark Office. Full Article Intellectual Property Administrative Law
opinion and polls Gordon v. Drape Creative, Inc. By feeds.findlaw.com Published On :: 2018-11-20T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion, held that greeting-card companies were not entitled to summary judgment against a trademark infringement suit. The companies insisted they did not violate the Lanham Act by selling greeting cards that contained phrases similar to one trademarked by a comedy writer. However, the Ninth Circuit found genuine issues of material fact, and thus reversed and remanded for further proceedings on the comedy writer's claims. Full Article Trademark Intellectual Property
opinion and polls Seventh Avenue, Inc. v. Shaf International, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case. Full Article Intellectual Property Sanctions Trademark
opinion and polls Capitol Records, LLC v. ReDigi Inc. By feeds.findlaw.com Published On :: 2018-12-12T08:00:00+00:00 (United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies. Full Article Entertainment Law Intellectual Property Copyright