ive

JTEKT Corp. v. GKN Automotive Ltd.

(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.




ive

Oliver v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations.




ive

University of California v. Broad Institute, Inc.

(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.




ive

European leagues given May 25 deadline to determine fate of season




ive

Liverpool-linked Werner would rather play abroad than join Bayern Munich




ive

FC Koln squad tests negative for COVID-19 following 3 positive cases




ive

Report: Liverpool hesitating over Werner move due to pandemic




ive

Trustees of Boston University v. Everlight Electronics Co., Ltd.

(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.




ive

Gordon v. Drape Creative, Inc.

(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.




ive

JTEKT Corp. v. GKN Automotive Ltd.

(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.




ive

University of California v. Broad Institute, Inc.

(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.




ive

Gordon v. Drape Creative, Inc.

(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.




ive

Watch: Harris rumbles home to give Bombers early lead after turnover




ive

Kyrgios offers to deliver food to those in need




ive

Riverside County Sheriff's Dep't v. Stiglitz

(California Court of Appeal) - Trial court's grant of a county sheriff's department's petition for a writ of administrative mandate seeking to vacate a hearing officer's decision concerning a terminated correctional officer's request for a Pitchess motion is reversed where: 1) an administrative hearing officer may rule on a Pitchess motion where Pitchess discovery is relevant; and 2) if Pitchess discovery is relevant to an officer's defense in a section 3304(b) hearing, the officer who is subject to discipline must have the opportunity to demonstrate the relevance of the personnel records of other officers and to obtain the records if they are relevant.




ive

Berman v. Regents of the University of California

(California Court of Appeal) - Judgment denying plaintiff-student's petition for writ of mandate to overturn a two-quarter suspension from the University of California San Diego for hitting another student in the head is affirmed, where the University's Student Conduct Code authorized either the student conduct officer responsible for his case or the Council of Deans of Student Affairs to impose suspension as a sanction when the student conduct review board did not recommend suspension.




ive

Quintanar v. Co. of Riverside

(California Court of Appeal) - Following an incident in which plaintiff-deputy allegedly used excessive force, plaintiff was demoted. Judgment of the trial court finding that the hearing officer, who upheld the demotion for use of excessive force, had not exercised independent judgment is reversed, where: 1) under the Memorandum of Understanding, the hearing officer was required to exercise independent judgment not only with respect to whether there were grounds for discipline, but also with respect to the nature of the discipline; and 2) the hearing officer's failure to use independent judgment would not have changed the outcome and was therefore not prejudicial.



  • Dispute Resolution & Arbitration
  • Ethics & Disciplinary Code
  • Labor & Employment Law

ive

ClearValue, Inc. v. Pearl River Polymers, Inc.

(United States Federal Circuit) - In a suit involving claims of indirect patent infringement and misappropriation of a trade secret: 1) the district court's denial of the defendant's motions for judgment as a matter of law of invalidity and noninfringement is reversed, where the jury lacked substantial evidence to find that another patent did not anticipate the claim; and 2) the district court's grant of judgment as a matter of law to the defendant on the plaintiff's trade secret claim is affirmed, where another patent publicly disclosed the alleged secret before the plaintiff communicated it to the defendant, and thus the jury's verdict of trade secret misappropriation was not supported by substantial evidence.




ive

University of Utah v. Max-Planck-Gesellschaft

(United States Federal Circuit) - In suit to correct inventorship of the "Tuschl Patents," the district court's denial of defendants' motion to dismiss is affirmed, where: 1) the district court did not err in ruling that this is not a dispute between States falling within the exclusive original jurisdiction of the Supreme Court; 2) plaintiff was free to choose between filing this suit in the Supreme Court and filing in federal district court; and 3) the University of Massachusetts is not an indispensable party.




ive

Dunster Live, LLC v. LoneStar Logos Management Co.

(United States Fifth Circuit) - Held that a defendant was not entitled to prevailing party attorney fees under the federal Defend Trade Secrets Act, enacted in 2016, because the plaintiff's voluntary dismissal of the case without prejudice meant no one had prevailed here. Affirmed the denial of fees.




ive

Universal Instruments Corp. v. Micro Systems Engineering, Inc.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.




ive

Max Fricker is a diver with a future

Eleven-year-old Max Fricker is following in the footsteps of his big brother Sam, and making a name for himself as a diver with a real future.




ive

Driver hops to Wendy’s rescue

Weighing no more than a bag of sugar, Wendy the orphaned wallaby is a true survivor — all thanks to her tiny tail and an eagle-eyed motorist­.




ive

Clark v. River Metals Recycling, LLC

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendants in a workplace injury case where the worker sued the manufacturer of a car crusher and the company it leased it to rather than his employer claiming defective design because his evidence did not comply with Federal Rule of Evidence 702.




ive

Klocke v. University of TX at Arlington

(United States Fifth Circuit) - Reversed and remanded. The Texas Citizens Participation Act does not apply to diversity cases in federal court.




ive

Sexual Minorities Uganda v. Lively

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.




ive

Ontiveros v. Constable

(California Court of Appeal) - In a case in which a minority shareholder sued a majority shareholder, reversed and remanded with directions to reinstitute a special proceeding under Corporations Code section 2000.




ive

Universal Cable Productions v. Atlantic Specialty Insurance

(United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned.




ive

Collins v. University of Notre Dame du Lac

(United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing.




ive

City and County of San Francisco v. Regents of the University of California

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.




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P. v. The North River Insurance Company

(California Court of Appeal) - Affirming the denial of a bail surety's motion to vacate the forfeiture of a bail bond in a case where a defendant charged with drug trafficking offenses fled the country and was barred from reentry on account of the pending charges because the trial court may not grant a motion to vacate the forfeiture on a ground not asserted and on evidence not presented until after the appearance period has expired.



  • Property Law & Real Estate
  • Civil Procedure
  • Ethics & Professional Responsibility

ive

Olive v. General Nutrition Centers, Inc.

(California Court of Appeal) - On rehearing, held that a professional model and actor was not entitled to recover his attorney fees after being awarded damages against an advertiser that used his likeness in an advertising campaign after its right to do so expired. Affirmed the trial court.




ive

Ontiveros v. Constable

(California Court of Appeal) - In a case in which a minority shareholder sued a majority shareholder, reversed and remanded with directions to reinstitute a special proceeding under Corporations Code section 2000.




ive

SolarCity Corp. v. Salt River Agricultural Improvement and Power Dist.

(United States Ninth Circuit) - In an antitrust lawsuit alleging a power district had attempted to entrench its monopoly by setting prices that disfavored solar-power providers, defendant's appeal of the district court order denying its motion to dismiss the suit based on the state-action immunity doctrine, is dismissed for lack of jurisdiction where the collateral order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity.




ive

Webb v. City of Riverside

(California Court of Appeal) - Affirming the dismissal of a verified petition for writ of mandate complaining about a city's transfer of additional revenue from electric utility reserve fund accounts into the general fund without approval from the electorate because the action was subject to the 120 day statute of limitations of the Public Utilities Code and was not a tax increase.




ive

Coalition for Competitive Electricity v. Zibelman

(United States Second Circuit) - Held that a group of electrical power generators and related trade groups could not proceed with their lawsuit challenging the constitutionality of the New York Public Service Commission's Zero Emissions Credit program, which subsidizes qualifying nuclear power plants by creating state‐issued clean-energy credits. Affirmed a dismissal of the lawsuit for failure to state a claim.




ive

Rivera v. Int'l Trade Commission

(United States Federal Circuit) - In an appeal from a divided decision by the International Trade Commission, finding no violation of Section 337 of the Tariff Act of 1930, 19 U.S.C. section 1337, based on the Commission's holding of invalidity of certain asserted claims of appellant's patent that describes single-brew coffee machines, the Commission's decision is affirmed where substantial evidence supports the Commission's holding that all asserted claims are invalid for lack of written description.




ive

CREATIVE COMPUTING v. GETLOADED.COM

(United States Ninth Circuit) - In a suit involving trade dress and copyright infringement claims, judgment for plaintiff is affirmed where defendant violated the federal Computer Fraud and Abuse Act while operating its website.




ive

Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc.

(United States Eleventh Circuit) - In dispute arising out of distributorship agreement and competing adhesive products for floor coverings, judgment for defendants is affirmed over claims that the district court erred in granting: 1) partial summary judgment for defendants on plaintiff's claims of trademark infringement and unfair competition; 2) summary judgment in favor of defendants on plaintiff's claims of breach of confidential relationship, breach of fiduciary duty, fraudulent concealment, fraud, and negligent misrepresentation; and 3) granting defendants' renewed motion for judgment as a matter of law on plaintiff's trademark and unfair competition claims, due to a lack of evidence establishing plaintiff's damages.




ive

Trustees of Boston University v. Everlight Electronics Co., Ltd.

(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.




ive

JTEKT Corp. v. GKN Automotive Ltd.

(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.




ive

University of California v. Broad Institute, Inc.

(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.




ive

Sangaray v. West River Associates

(Court of Appeals of New York) - In a trip and fall action, the trial court’s grant of summary judgment to defendant is reversed where there was dispute as to whether defendant or an adjacent business’s portion of a sidewalk was the proximate cause of plaintiff’s injuries.



  • Property Law & Real Estate
  • Injury & Tort Law

ive

Selective Ins. Co. of Am. v. County of Rensselaer

(Court of Appeals of New York) - In an insurance action, in which defendant refused to pay plaintiff more than a single deductable payment following the defense of a class action and resulting settlement involving the county, the trial court’s grant of summary judgment to plaintiff is affirmed where county’s improper strip searches of arrestees over a four-year period constituted multiple occurrences under the insurance policy and defendant is responsible for paying deductibles to plaintiff with respect to each class member.




ive

Yaniveth R. v. LTD Realty Co.

(Court of Appeals of New York) - In a personal injury action, arising after plaintiff, a minor child, was exposed to lead at her grandmother's apartment where she was cared for during the day, the Supreme Court's dismissal of the complaint is affirmed where plaintiff child' did not 'reside' at her grandmother's apartment for the purposes of section 27-2013[h][1] of the Administrative Code of the City of NY, which requires landlords to remove lead-based paint in any dwelling in which a child six year of age and under resides.




ive

Class v. Towson University

(United States Fourth Circuit) - In an action challenging defendant Towson University's refusal to allow plaintiff to return to playing football after he suffered a near-death heat-stroke induced coma requiring a liver transplant and additional surgeries, the district court's judgment for plaintiff under Title II of the Americans with Disabilities Act is reversed where plaintiff was not otherwise qualified to participate in defendant's football program under defendant's reasonably applied Return-to-Play Policy.




ive

US v. Rivera-Ortiz

(United States First Circuit) - In a civil forfeiture case arising in the aftermath of a 1993 criminal prosecution in which claimant entered a guilty plea to a single count charging money laundering violations, seeking compensation for the government's alleged seizure of claimant's ownership interest in a professional basketball team franchise, the district court's judgment in favor of the government is affirmed where: 1) nothing in the court records suggests that the government seized the franchise when it obtained the restraining order to preserve the franchise as a potentially forfeitable asset; and 2) though that order effectively prevented the claimant from participating in the affairs of the franchise, it did not divest him of his proprietary interest.




ive

Mackey v. Board of Trustees of the California State University

(California Court of Appeal) - Revived claims brought by several African-American college basketball players that their head coach had engaged in race-based discrimination and retaliation. The players claimed that the coach reduced their playing time, afforded them fewer opportunities, punished them more severely and otherwise favored their teammates of other races. Reversed summary judgment in relevant part on their claims under title VI of the Civil Rights Act of 1964 and California law.




ive

Alpha Painting & Construction v. Delaware River Port Auth.

(United States Third Circuit) - In a case arising from a bitter bidding dispute for a contract to strip and repaint the Commodore Barry Bridge, in which the contracting agency rejected the lowest bidder-plaintiff because it determined that plaintiff was not a 'responsible' contractor, the district court's judgment in favor of plaintiff is: 1) affirmed in part where the district court did not err in ruling that defendant acted arbitrarily and capriciously; but 2) vacated in part where the district court abused its discretion in directing defendant to award the contract to plaintiff.




ive

Progressive Industries, Inc. v. US

(United States Federal Circuit) - Affirming the decision of the Court of Federal Claims denying a motion for reconsideration of amended judgment or, in the alternative, relief from final judgment in a dispute relating to bidding on the procurement of medical gasses by the Department of Veterans Affairs.