(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the jury verdict for plaintiff is affirmed in part, reversed in part, and vacated in part where: 1) defendant’s liability for trade secret misappropriation regarding a photodiode array structure is affirmed; 2) four patent infringement claims are reversed and four are affirmed; and 3) monetary damage awards are vacated and remanded for further consideration.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Seventh Circuit) - Affirmed. A lawsuit arising from a terrible motorcycle accident that alleged defects in the tires and helmets involved failed because the plaintiffs didn't present admissible expert testimony to support their claims.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.

(California Court of Appeal) - In an action in which plaintiff alleges that defendants aided and abetted a breach of fiduciary duty, the trial court's judgment for plaintiff and an order denying defendants' motion for judgment notwithstanding the verdict is 1) affirmed in part, where: (a) a defendant can be liable for aiding and abetting breach of fiduciary duty without owing the plaintiff a fiduciary duty; (b) the statute of limitations for aiding and abetting breach of fiduciary duty is three or four years depending whether the breach is fraudulent or non-fraudulent; (c) the restitutionary remedy of disgorgement is available for aiding and abetting breach of fiduciary duty; and (d) the measure of restitution for aiding and abetting breach of fiduciary duty is the net profit attributable to the wrong; but 2) reversed in part and remanded, where defendants are entitled to a new trial on the amount of defendants' unjust enrichment. (Opinion on Rehearing)

(United States Ninth Circuit) - In an insurance coverage dispute, revived an industrial plant's claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling.

(United States Seventh Circuit) - Held that an insurance company was not liable for bad faith for failing to settle a medical malpractice claim for the policy limit. Affirmed a JMOL against the claims of an outpatient surgical center.

(United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement.

(United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage.

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.

(California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund.

(United States Ninth Circuit) - Reversed. District court’s denial of plaintiff’s motion for class certification met the predominance requirement of FRCP 23(b)(3). Plaintiff’s proposed damages model was consistent with his theory of liability, where cost-of-repair damages could be used in claims arising from a defective hydraulic clutch system.

(United States Ninth Circuit) - Affirming the district court's judgment in favor of the defense and its denial of plaintiff motions to reopen discovery and for relief from judgment in an action challenging a jail's policy prohibiting the delivery of unsolicited commercial mail to inmates because the ban related to legitimate penological objectives and arguments supporting the plaintiff's appeals had been abandoned.

(United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims.

(United States Second Circuit) - Held that the U.S. government was justified in refusing to release certain photographs of detainees taken by U.S. Army personnel at military detention facilities in Afghanistan and Iraq. The American Civil Liberties Union and several other organizations demanded that the photographs be released under the Freedom of Information Act. The government countered that the photographs were shielded from disclosure by a 2009 law, the Protected National Security Documents Act. Agreeing with the government, the Second Circuit reversed the district court's order granting summary judgment for the plaintiffs and remanded with directions to enter judgment for the government.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.

(United States Ninth Circuit) - In an en banc opinion, addressed the constitutionality of a San Francisco ordinance that requires health warnings to be included in advertisements for certain sugar-sweetened beverages. Industry groups challenged the ordinance, contending that it violates freedom of commercial speech. Finding this argument persuasive, the Ninth Circuit held that the district court should have granted a preliminary injunction against the ordinance.

(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(United States Seventh Circuit) - Held that an organization may not proceed with its defamation action alleging reputational harm from an article published in an American Bar Association law journal. The author's statements were non-actionable expressions of opinion. Affirmed a dismissal.

(United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act.

(United States Federal Circuit) - In the Government's challenge to the Court of International Trade's (CIT) third remand determination that certain aluminum trim kits do not fall within the scope of the antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China, the CIT determination is reversed where the Department of Commerce correctly found in its initial decision that plaintiff's trim kits are aluminum extrusions which are shapes and forms made of an aluminum alloy that is covered by the scope of the Orders.

(United States Federal Circuit) - Reversing the dismissal of a claim relating to the US imposition of antidumping duties on ThyssenKrupp because relief was available and as a result vacating a Court of International Trade ruling in a case relating to the import of steel products.

(United States Federal Circuit) - Reversing and remanding a decision by the US Court of International Trade affirming a remand determination of the US Department of Commerce regarding the import of extruded aluminum door handles for kitchen appliances packaged for importation with plastic end caps and screws as being within the scope of relevant antidumping and countervailing duties orders where, on appeal, the Court of International Trade concluded that Commerce's scope ruling was unreasonable and unsupported by substantial evidence that resulted in a Commerce determination, under protest, that the subject products were not included within the scope of the relevant orders.

(United States Second Circuit) - Dismissal of plaintiff's suit under Federal Rule of Civil Procedure 12(b)(6) is reversed where plaintiff's stated claims under the Lanham Act, alleging false advertising and unfair competition, were sufficient for purposes of Rule 12(b)(6).

(United States Ninth Circuit) - In a trade dress action, the district court's grant of summary judgment to defendant is reversed where there is a genuine fact issue as to whether plaintiff's manner for presenting results in its urine test report was functional under the Lanham Act.

(United States Ninth Circuit) - Affirming in part and reversing in part a preliminary injunction prohibiting Sketchers from selling shoes that allegedly infringe and dilute Adidas's Stan Smith trade dress and three stripe mark, affirming that the district court did not abuse its discretion in issuing the preliminary injunction and reversing the portion issuing an injunction as to the Stan Smith trade dress, but reversing the portion relating to the three stripe mark because Adidas failed to establish the irreparable harm element of this particular claim.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(Court of Appeals of New York) - In an injury case, alleging that plaintiff suffered severe mental and physical disabilities from in utero exposure to unleaded gasoline vapor caused by a defective fuel hose, the trial court’s exclusion of plaintiff’s expert witnesses from testifying at trial is affirmed where the experts did not rely on generally accepted principles and methodologies to reach their conclusions.

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.

(California Court of Appeal) - In a case involving helmets worn by professional football players the manufacturers of the helmets were being sued by multiple parties, so the manufacturer sued their insurers for indemnity. The insurers wanted to continue in extended discovery and demanded logs of documents withheld during prior discovery, but the court held that a stay of discover is appropriate, while the manufacturer must also provide privilege logs, reversing the trial court's decision as to the stay and affirming its order as to the privilege logs.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.

(Supreme Court of California) - In a government contracts dispute alleging the tort of intentional interference with prospective economic advantage, the Court of Appeals judgment overturning the trial court's judgment sustaining defendants demurrer, is reversed where plaintiffs' allegations -- that they had submitted the second lowest bids on several contracts awarded to defendant, and that their bids would have been accepted but for defendant's wrongful conduct during the bidding process -- are insufficient because: 1) public works contracts are a unique species of commercial dealings; 2) in the contracts at issue here, the public entities retained broad discretion to reject all bids; 3) the bids were sealed, and there were no postsubmission negotiations; 4) in awarding the contracts, the public entities could give no preference to any bidder based on past dealings, and were required to accept the lowest responsible bid; and 5) in these highly regulated circumstances, plaintiffs had 'at most a hope for an economic relationship and a desire for future benefit.' Blank v. Kirwan (1985) 39 Cal.3d 311, 331.

(United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.

(United States Third Circuit) - Reinstated a False Claims Act lawsuit alleging fraud in connection with the sale of pharmaceutical drugs to nursing homes. The defendant company, which owns and operates institutional pharmacies, argued for dismissal of the qui tam action on the ground that the allegation was already known to the public, and the district court agreed. Reversing and remanding, the Third Circuit held that the relator's allegation had not previously been publicly disclosed.

(United States Second Circuit) - Held that a general contractor could not proceed with its breach-of-contract and other claims against an insurance company that had issued surety bonds in connection with several federal construction projects. Affirmed dismissal of the general contractor's claims.

(United States Federal Circuit) - Reversing a district court determination that Google's use of Oracle's Java Standard Edition platform programming interface in its Android operating system was fair use and decisions denying Oracle's motion for judgment as a matter of law and remanding for a determination of damages.

(United States First Circuit) - Reversing an order granting a motion for attorney fees under the Copyright Act in a case involving a songwriting contest Sony co-sponsored that had been dismissed with prejudice because it was subject to a mandatory arbitration agreement signed when the plaintiff entered the contest because the removal to arbitration did not quality the defendants as having been the prevailing party.

(United States Ninth Circuit) - Affirmed the dismissal of a complaint challenging Oregon's Clean Fuels Program, which regulates the production and sale of transportation fuels based on greenhouse gas emissions. Industry trade groups filed this suit alleging that the Oregon program violates the Commerce Clause and is preempted by the Clean Air Act. Finding the allegations not plausible, the Ninth Circuit affirmed dismissal of the trade groups' complaint.

(United States First Circuit) - In a lawsuit over the trademarking and continued sale of a chicken sandwich, alleging violations of the Lanham Act and Copyright Act, the district court's order dismissing the federal claims and declination of jurisdiction over the supplemental Puerto Rico law claims is affirmed where: 1) there was no violation of the Copyright Act because neither the name "Pechu Sandwich" nor the recipe are eligible for copyright protection; and 2) the complaint fails to sufficiently plead that defendant committed fraud in the procurement of a federal trademark for the sandwich.

(United States Fourth Circuit) - In an attorney's fees action, the district court's dismissal of plaintiff's action is reversed where: 1) an award of attorneys' fees are permissible under F.R.C.P. 41(d) ; but 2) the Fair Labor Standards Act does not permit an award of attorneys' fees for defendants and plaintiff's conduct was not undertaken in bad faith, vexatiously, wantonly, or for oppressive reasons.

(United States Second Circuit) - Dismissal of a class-action suit alleging a willful violation of the Fair and Accurate Credit Transactions Act (FACTA) is affirmed because subsequent legislation clarified that receipts with credit card expiration dates do not raise a material risk of identity theft and no specific harm was alleged.

(United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.