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Tag Archives: Judge T.S. Ellis III

No Trademark for ‘PROBIOTIC’ Fertilizer Term (access required)

An Alexandria U.S. District Court upholds the Patent and Trademark Office’s denial of registration for the term “PROBIOTIC” on the grounds that the term is generic in connection with fertilizer and, alternatively, the term at best is descriptive and has ...

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Claim Construction in Text Message Patent (access required)

The Alexandria U.S. District Court reports its Markman claim construction in this patent infringement case in which N5 Technologies LLC, the owner of the subject ‘297 patent, is suing defendant Capital One Bank for direct infringement and for inducing infringement ...

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Court Can Hear Contract, ERISA Claims (access required)

An Alexandria U.S. District Court can consider plaintiff’s state law contract claim challenging employer’s demand for reimbursement for her relocation expenses, along with her ERISA interference claim based on her termination after her alleged disability from a skin condition; also, ...

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No Shareholder Derivative Suit for ‘Red Flags’ to D&O (access required)

An Alexandria U.S. District Court dismisses plaintiff shareholders’ suit alleging defendant directors and officers of Capital One ignored multiple “red flags” that alerted them to problems at third-party call centers that marketed and sold add-on products such as payment protection ...

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Company & Lawyers Ordered to Pay Sanctions (access required)

In this government contract dispute, an Alexandria U.S. District Court upholds a recommendation to sanction plaintiff company and its in-house and outside lawyers for the company’s “business decision” not to comply with court orders to produce an important witness for ...

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