tech Covertech Fabricating Inc v. TVM Building Products Inc. By feeds.findlaw.com Published On :: 2017-04-18T08:00:00+00:00 (United States Third Circuit) - In a trademark dispute in which no written contract designates ownership, involving the paradigm through which common law ownership of an unregistered trademark is determined when the initial sale of goods bearing the mark is between a manufacturer and its exclusive distributor, the district court's judgment is: 1) affirmed on alternative grounds as to ownership, where the court failed to recognize and apply the rebuttable presumption of manufacturer ownership that pertains where priority of ownership is not otherwise established; 2) affirmed as to fraud and acquiescence; and 3) vacated and remanded on damages under the Lanham Act, where the court incorrectly relied on gross sales unadjusted to reflect sales of infringing products to calculate damages. Full Article Intellectual Property Trademark
tech How Apple reinvented the cursor for iPad – TechCrunch By social.techcrunch.com Published On :: 2020-05-09T05:47:01+00:00 Full Article
tech Rebuilding our tech stack for a new Facebook.com - Facebook Engineering By engineering.fb.com Published On :: 2020-05-09T05:47:01+00:00 Full Article
tech The Technium: 68 Bits of Unsolicited Advice By kk.org Published On :: 2020-05-09T05:47:01+00:00 Full Article
tech Blackbird Tech LLC v. ELB Electronics Inc. By feeds.findlaw.com Published On :: 2018-07-16T08:00:00+00:00 (United States Federal Circuit) - Vacated a patent noninfringement judgment based on an erroneous construction of the patent's language. The sole issue on appeal concerned a patent pertaining to energy efficient lighting apparatuses and what precisely was meant by the words attachment surface. Because the district court had adopted an erroneous construction of those words, the Federal Circuit vacated the judgment of noninfringement and remanded for further proceedings. Full Article Intellectual Property Patent
tech 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
tech In Re Rembrandt Techs. LP Patent Litig. By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part and vacated in part. Rembrandt filed numerous patent infringement actions against dozens of cable companies. After years of litigation, the district entered final judgment against Rembrandt for all claims. Cable company defendants filed a motion for attorney fees. The district court issued an order declaring the case exceptional and granting more than $51 million in fees. Rembrandt appealed the award. The Federal Circuit affirmed the exceptional case determination, but vacated and remanded the fees award for further analysis of the connection between the fees and the plaintiff’s misconduct. Full Article Patent Attorney's Fees Remedies
tech Click-to-Call Tech. v. Ingenio, Inc. By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Remanded with instructions to dismiss, in a case where the Federal Circuit concluded that the Patent Trial and Appeal Board erred in determining that certain claims were not time-barred under 35 USC section 314. Full Article Patent Administrative Law
tech 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
tech Media Rights Technologies, Inc. v. Microsoft Corp. By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor. Full Article Civil Procedure Intellectual Property Copyright
tech The Estate of Stanley Kauffmann v. Rochester Institute of Technology By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings. Full Article Intellectual Property
tech Ryan v. Astra Tech, Inc. By feeds.findlaw.com Published On :: 2014-11-18T08:00:00+00:00 (United States First Circuit) - Orders revoking Attorney Ryan's pro hac vice admission and imposing monetary sanctions are affirmed, where Ryan falsified evidence and lied to the court about attempting to interfere with the deposition of his client. Full Article Ethics & Disciplinary Code
tech Forrester Environmental v. Wheelabrator Technologies By feeds.findlaw.com Published On :: 2013-05-16T08:00:00+00:00 (United States Federal Circuit) - Summary judgment for defendant on plaintiff's state law business tort claims is vacated and remanded, where the district court lacked subject matter jurisdiction over plaintiffs' claims because: 1) defendant's allegedly inaccurate statements regarding its patent rights concerned conduct taking place entirely in Taiwan; 2) the use of a patented process outside the United States is not an act of patent infringement; and thus, 3) there is no prospect of a future U.S. infringement suit arising out of the Taiwan company's use of the parties' products in Taiwan, and accordingly no prospect of inconsistent judgments between state and federal courts. Full Article Commercial Law Injury & Tort Law Intellectual Property Patent Trade Secrets
tech Corporate Technologies, Inc. v. Harnett By feeds.findlaw.com Published On :: 2013-09-23T08:00:00+00:00 (United States First Circuit) - The district court's preliminary injunction that restrained defendant, a former employee of plaintiff, from doing business with certain customers to whom he had sold products and services while in plaintiff's employ, is affirmed, where: 1) the identity of the party making initial contact is just one factor among many that the trial court should consider in drawing the line between solicitation and acceptance; 2) the evidence of record is adequate to underpin the lower court's determinations that defendant violated the non-solicitation covenant and that plaintiff is therefore likely to succeed on the merits; and 3) the district court narrowly tailored the preliminary injunction with respect to non-disclosure, enjoining only the use of information contained in defendant's notes. Full Article Contracts Injury & Tort Law Intellectual Property Trade Secrets Labor & Employment Law
tech Uber Technologies, Inc. v. Google LLC By feeds.findlaw.com Published On :: 2018-09-28T08:00:00+00:00 (California Court of Appeal) - Held that Google, which had initiated arbitration proceedings against two of its former employees, was entitled to obtain discovery from nonparty Uber. Google sought documents relating to Uber's purchase from the two former employees of a self-driving vehicle company called Ottomotto, which Google claimed the two employees created in breach of their contracts and fiduciary duties. Reversing the trial court, the California First Appellate District held that Uber could not withhold the requested documents on grounds of attorney-client privilege or the work-product doctrine. Full Article Labor & Employment Law Trade Secrets Dispute Resolution & Arbitration
tech Behm v. Clear View Technologies By feeds.findlaw.com Published On :: 2015-10-08T08:00:00+00:00 (California Court of Appeal) - In an action against officers and directors of a company in which plaintiff invested, alleging false representations, following a default judgment for plaintiff, the trial court's grant of defendant's motion to vacate the default judgment on grounds that it did not have sufficient notice of punitive damages under Code of Civil Procedure section 435.115(f) and that it was entitled to mandatory relief under section 473(b), is affirmed where: 1) due process requires that when a plaintiff moves for discovery terminating sanctions and seeks punitive damages, a statement under section 425.111(f) must be served a reasonable time before obtaining those sanctions; and 2) notice must be sufficient to afford a defendant the opportunity to fairly appraise the full amount of damages sought by the time he or she needs to respond and oppose the motion. Full Article Civil Procedure Corp. Governance Corporation & Enterprise Law
tech Goncharov v. Uber Technologies, Inc. By feeds.findlaw.com Published On :: 2018-01-29T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's decision to sustain a demurrer by Uber, who argued that the court lacked jurisdiction to hear a putative class action brought by licensed taxicab drivers because the Public Utilities Code did not apply where the California Public Utilities Commission was in the process of developing rules relating to the company's activites and the second amended complaint failed to state a claim as to all causes of action. Full Article Public Utilities Civil Procedure Class Actions
tech City and County of San Francisco v. Uber Technologies Inc. By feeds.findlaw.com Published On :: 2019-06-11T08:00:00+00:00 (California Court of Appeal) - Held that ride-sharing company Uber must comply with administrative subpoenas issued by San Francisco's City Attorney seeking data submitted to the California Public Utility Commission. Affirmed the decision below, rejecting Uber's confidentiality arguments. Full Article Government Law Transportation Public Utilities
tech BAE Systems Technology Solution and Services, Inc. v. Republic of Korea's Defense Acquisition Program Administration By feeds.findlaw.com Published On :: 2018-03-06T08:00:00+00:00 (United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes. Full Article Civil Procedure International Trade International Law Contracts
tech Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. Ltd. By feeds.findlaw.com Published On :: 2018-06-01T08:00:00+00:00 (California Court of Appeal) - Reversing an arbitration proceeding default award for hundreds of millions of dollars against a Chinese company that did not appear after service by mail in a Los Angeles action brought by an American investment partnership complaining of a breach of contract because the Hague Service Convention does not permit Chinese citizens to be served by mail, nor does it permit parties to set their own terms of service by contract. Full Article International Law International Trade Civil Procedure Dispute Resolution & Arbitration Contracts
tech Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc. By feeds.findlaw.com Published On :: 2007-08-22T08:00:00+00:00 (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. Full Article Antitrust & Trade Regulation Injury & Tort Law Intellectual Property Trade Dress Trademark
tech Erbe Elektromedizin GmbH v. Canady Tech. LLC By feeds.findlaw.com Published On :: 2010-12-09T08:00:00+00:00 (United States Federal Circuit) - In a patent infringement suit involving three competitor companies that create argon gas-enhanced electrosurgical products for electrosurgery, judgment of the district court is affirmed where: 1) because the district court's construction of "low flow rate" is correct, and because there is no evidence that the accused probes infringe the asserted claims in the '745 patent, the district court's judgment of non-infringement is affirmed; 2) district court correctly granted summary judgment against plaintiff as to its trademark and trade dress claims based on the court's determination that the color blue is functional and has not acquired the requisite secondary meaning; 3) the district court properly granted summary judgment on defendant's antitrust counterclaims in favor of the plaintiffs as the "Sham litigation" exception to the Noerr-Pennington doctrine is not warranted in this case because the record demonstrates that plaintiff had probable cause to bring this patent enforcement litigation, and defendant failed to meet its burden of seeking discovery on its antitrust claims and failed to establish some genuine issue of material fact as to the other predatory acts is argues the district court ignored Full Article Antitrust & Trade Regulation Civil Procedure Intellectual Property Patent Trade Dress Trademark
tech Direct Technologies, LLC v. Electronic Arts, Inc. By feeds.findlaw.com Published On :: 2016-09-06T08:00:00+00:00 (United States Ninth Circuit) - In a copyright infringement and trade secret case arising out of a contract for plaintiff to produce a USB flash drive shaped like a 'PlumbBob' a gem-shaped icon from defendant's computer game, The Sims, the District Court's grant of summary judgment in favor of defendant is: 1) affirmed in part as to the trade secrets claim, although on different grounds. where plaintiff's contribution to the PlumbBob USB drive, a design for the flash drive’s removal from the PlumbBob object, did not derive independent economic value from not being generally known to the public; and 2) reversed in part as to the copyright infringement claim where the district court erred in ruling as a matter of law that the flash drive was not sufficiently original when compared to the Plumb Bob icon to qualify for copyright protection as a derivative work. Full Article Trade Dress Copyright Cyberspace Law
tech Blackbird Tech LLC v. ELB Electronics Inc. By feeds.findlaw.com Published On :: 2018-07-16T08:00:00+00:00 (United States Federal Circuit) - Vacated a patent noninfringement judgment based on an erroneous construction of the patent's language. The sole issue on appeal concerned a patent pertaining to energy efficient lighting apparatuses and what precisely was meant by the words attachment surface. Because the district court had adopted an erroneous construction of those words, the Federal Circuit vacated the judgment of noninfringement and remanded for further proceedings. Full Article Intellectual Property Patent
tech 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
tech In Re Rembrandt Techs. LP Patent Litig. By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part and vacated in part. Rembrandt filed numerous patent infringement actions against dozens of cable companies. After years of litigation, the district entered final judgment against Rembrandt for all claims. Cable company defendants filed a motion for attorney fees. The district court issued an order declaring the case exceptional and granting more than $51 million in fees. Rembrandt appealed the award. The Federal Circuit affirmed the exceptional case determination, but vacated and remanded the fees award for further analysis of the connection between the fees and the plaintiff’s misconduct. Full Article Patent Attorney's Fees Remedies
tech Click-to-Call Tech. v. Ingenio, Inc. By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Remanded with instructions to dismiss, in a case where the Federal Circuit concluded that the Patent Trial and Appeal Board erred in determining that certain claims were not time-barred under 35 USC section 314. Full Article Patent Administrative Law
tech Northrop Grumman Technical Service, Inc. v. DynCorp International LLC By feeds.findlaw.com Published On :: 2017-07-28T08:00:00+00:00 (United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court. Full Article Civil Procedure Government Contracts Contracts
tech US ex rel. Palmer v. C&D Technologies Inc. By feeds.findlaw.com Published On :: 2018-07-17T08:00:00+00:00 (United States Third Circuit) - Affirmed, in large part, an attorney fee award in a False Claims Act action that had been resolved by settlement. After the defendant agreed to settle the case, the plaintiff (qui tam relator) was entitled to recover his reasonable attorney fees as a prevailing party. He appealed arguing that the district court's fee award was too low. The Third Circuit rejected his arguments and affirmed the award except in one narrow respect: on remand the trial court must decide how much to award him in fees for the time spent litigating his fee petition. Full Article Attorney's Fees Government Contracts
tech US v. L-3 Communications EOTech, Inc. By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (United States Second Circuit) - Held that a former qui tam relator was not entitled to share in the government's recovery against a company under the False Claims Act in light of his prior voluntary dismissal of his qui tam action. Full Article Government Contracts
tech Texas Tech Physicians Associates v. US Department of Health and Human Services By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order. Full Article Health Law Government Benefits
tech Media Rights Technologies, Inc. v. Microsoft Corp. By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor. Full Article Civil Procedure Intellectual Property Copyright
tech Tissue Technology LLC v. TAK Investments LLC By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute that arose out of the sale of a manufacturing plant, held that the district judge was correct to withhold any remedy that would transfer the value of certain promissory notes from the secured lenders to the seller. Affirmed a judgment after a bench trial. Full Article M&A Contracts
tech Zenhiser Releases Tension Techno Sample Pack By feedproxy.google.com Published On :: A Gold Mine Of Analogue & Digital Techno Sounds Awaits You Full Article
tech A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release Fear The Noise By feedproxy.google.com Published On :: Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground. Full Article
tech Retractable Technologies, Inc. v. Becton Dickinson and Co. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims. Full Article False Advertising Drugs & Biotech Antitrust & Trade Regulation
tech Culliane v. Uber Technologies, Inc. By feeds.findlaw.com Published On :: 2018-06-25T08:00:00+00:00 (United States First Circuit) - Reversed and remanded in a case involving the enforcement of arbitration clauses in online contracts. Plaintiffs filed suit against defendant alleging violations of Massachusetts consumer-protection statute. Defendant operates a ride-sharing service requiring customers to register using the Uber App. In the app is a page that has a button that will take you to Terms and Conditions, which a user is not required to accept and which contains an agreement to arbitrate any dispute. The district court granted defendant's motion to compel arbitration and dismissed the complaint. In reversing and remanding the First Circuit held that the terms of the agreement were not reasonably communicated to plaintiffs. Full Article Civil Procedure Cyberspace Law Dispute Resolution & Arbitration
tech Clyde P Drops Tech House Workout 'Side GF' By feedproxy.google.com Published On :: Parisian Producer Clyde P Makes His Return To Static Music Full Article
tech China Agritech, Inc. v. Resh By feeds.findlaw.com Published On :: 2018-06-11T08:00:00+00:00 (United States Supreme Court) - Holding that a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual claim, commence a class action anew beyond the time allowed by the applicable statute of limitations and reversing and remanding the Ninth Circuit's reversal of a District Court dismissal of an untimely class complaint. Full Article Class Actions Civil Procedure
tech Gemini Tech. Inc. v. Smith & Wesson Corp. By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1). Full Article Civil Procedure Contracts
tech Forby v. One Technologies, L.P By feeds.findlaw.com Published On :: 2018-11-28T08:00:00+00:00 (United States Fifth Circuit) - Reversed an order compelling arbitration of a consumer's claims. The consumer contended that the defendant technology company had waived its right to arbitration by substantially invoking the judicial process, in this putative class action. Full Article Dispute Resolution & Arbitration Consumer Protection Law
tech A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release Fear The Noise By feedproxy.google.com Published On :: Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground. Full Article
tech Digital Revolution: Sonarworks CEO Wins Top Prize In EMMA Sound Competition Using Sonarworks Core Technology By feedproxy.google.com Published On :: Sonarworks Software Proves To Be The secret Sauce In International Car Audio Competition Full Article
tech Zenhiser Releases "Mirrors - Techno" Sample Pack By feedproxy.google.com Published On :: The Tools To Create Something Special In The Melodic Techno Realm Full Article
tech A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release Fear The Noise By feedproxy.google.com Published On :: Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground. Full Article
tech Purcell v. N.Y. Inst. of Tech By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Second Circuit) - Partially affirmed, partially vacated and remanded. Affirming the dismissal of Americans with Disabilities Act claims arising from events in 2010-2011 that were untimely, but vacating the dismissal of 2013-2014 claims and Title IX claims. Full Article Civil Rights Civil Procedure
tech The Estate of Stanley Kauffmann v. Rochester Institute of Technology By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings. Full Article Intellectual Property
tech Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc. By feeds.findlaw.com Published On :: 2018-03-27T08:00:00+00:00 (United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses. Full Article Civil Procedure Commercial Law Antitrust & Trade Regulation
tech Retractable Technologies, Inc. v. Becton Dickinson and Co. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims. Full Article False Advertising Drugs & Biotech Antitrust & Trade Regulation
tech Conversations about Innovations in Teaching, Research and Technology By indisputably.org Published On :: Mon, 04 May 2020 14:06:52 +0000 From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot. iDG, NegotiateUP and NTR are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology → Full Article General empirical research for teachers and students technology