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Author Archives: Deborah Elkins

Consultant’s Business Tort Counterclaims Dismissed (access required)

Applying the parties’ choice of Mich­igan law in this contract dispute be­tween Virginia and Michigan corporate consultants, an Alexandria U.S. District Court says defendant Michigan com­pany fails to allege specific contracts breached or illegal or fraudulent acts to support its ...

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Collateral Estoppel No Bar to Standing Defense (access required)

In plaintiff company’s challenge to a U.S. Patent and Trademark Office decision rejecting the patentability of inventions claims in plaintiff ’s ‘161 ap­plication, the PTO’s defense of lack of standing is not barred by the doctrine of collateral estoppel, says ...

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No FLSA Claim for Employee Misclassification (access required)

In a government contract employee’s suit alleging the contractor, who provid­ed bid procurement and contract man­agement services for NATO in Kosovo, violated the Fair Labor Standards Act, the Alexandria U.S. District Court dis­misses plaintiff’s claim alleging em­ployee misclassification in violation ...

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Fees for Lawyers, Expert Ordered as Sanctions (access required)

In this dispute between competing marketing companies over a former employee’s alleged sharing of plain­tiff ’s trade secrets and confidential in­formation with defendants, and falsely denying that he had done so, the Al­exandria U.S. District Court sanctions the former employee ...

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No ‘Absent’ Party from Contract Mentions (access required)

In this action arising out of disputes concerning nine equipment contracts and a revolving agricultural/commer­cial credit account, the complaint’s ref­erences to “assignors of the contracts” cannot be read to mean plaintiffs have failed to join an assignor as a party ...

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No Patent for Computer Claim’s ‘Abstract Idea’ (access required)

Plaintiffs’ claims that defendant’s ‘432 patent, relating to a method for centralized identification and authen­tication of users and their transactions to increase security in e-commerce, are invalid because they are directed to an abstract idea and thus are ineligible for ...

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