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Tag Archives: Judge Rebecca Beach Smith

Patent Defendant Can Allege ‘Inequitable Conduct’ (access required)

In this patent infringement case involving a drug to treat erectile dysfunction, a Norfolk U.S. District Court says defendant may amend its answer and counterclaim to allege that the ‘012 patent is invalid because plaintiff engaged in inequitable conduct during ...

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Pollution Exclusion Bars Coverage for Drywall Claim (access required)

A builder that repaired damage from Chinese drywall installed by a subcontractor can’t collect a $4.9 million judgment from the sub’s CGL and umbrella insurance policies; a Norfolk U.S. District Court says the policies’ “pollution exclusion” is not ambiguous and ...

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Court Orders Access to Voter Applications (access required)

A Norfolk U.S. District Court grants summary judgment to a voting rights advocacy group that alleges the Norfolk General Registrar has violated the National Voter Registration Act’s “Public Disclosure Provision” by denying access to records of applications for voter registration. ...

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Drywall Repairs Are ‘Occurrence’ Under CGL Policy (access required)

In a builder’s suit to enforce a $4.9 million arbitration award against insurance carriers for a drywall subcontractor who used defective Chinese drywall that damaged 74 homes, a Norfolk U.S. District Court says replacement of the defective drywall is not ...

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Teacher’s Age Discrimination Claims Dismissed (access required)

A school teacher who alleges she was not promoted to assistant principal because of age discrimination has her claims under the Age Discrimination in Employment Act and the Virginia Human Rights Act dismissed by the Norfolk U.S. District Court. Suffolk ...

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Carrier Has No Duty to Defend Harassment Suit (access required)

A Newport News U.S. District Court adopts a recommendation from a magistrate judge and holds that plaintiff insurance company has no duty to defend an architect who alleged sexually harassed a coworker who was an interior designer at the design ...

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Claim Construction in Silicon Carbide Patent Case (access required)

In this litigation over patents related to the growth of silicon carbide, a semiconductor material composed of silicon and carbide, a Norfolk U.S. District Court conducts a Markman hearing on a variety of disputed terms. The general growth method at ...

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