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Tag Archives: Judge T.S. Ellis III

No FCA Claims Against Individual Contractor Execs (access required)

Plaintiff, a former deputy program manager and chief of security in Kabul, Afghanistan for defendant government contractor, cannot sue individual employees of defendant corporation for retaliation under the False Claims Act; the FCA, both before and after the 2009 amendment, ...

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Defendant Waived Rights, Then Said No More ‘Talk’ (access required)

Although defendant concedes he knowingly and voluntarily waived his Miranda rights, translated by a Vietnamese-speaking agent, he unequivocally invoked his right to remain silent 20 minutes later when he said he would “talk no more” and said he was ready ...

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No Finding of Confusion Over Mark (access required)

In plaintiff Virginia company’s suit alleging defendants, a Taiwanese corporation and two Washington state corporations, infringed plaintiff’s registered mark “VIVE” for its software, by marketing an “HTC Vive” headset, an Alexandria U.S. District Court grants summary judgment for defendant, as ...

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Expert Excluded on Mark ‘Confusion’ Claim (access required)

In plaintiff Virginia company’s suit alleging defendants, a Taiwanese corporation and two Washington state corporations, infringed on plaintiff’s registered mark “VIVE” for its software, by marketing an “HTC Vive” headset, an Alexandria U.S. District Court excludes plaintiff’s proffered expert’s opinions, ...

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Internet Sales Allow Virginia Federal Suit (access required)

In plaintiffs’ suit alleging a Texas company unlawfully used plaintiff’s engraving designs, trademarks and products lines for miniaturized bourbon barrels that allow individuals to age and flavor their own liquor, defendant’s purposeful conduct – setting up an interactive website accessible ...

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No Suppression for Deportation Comment (access required)

Although a Vietnamese-speaking agent who gave defendant his Miranda rights mistakenly believed defendant was not a U.S. citizen and threatened him with deportation during questions about participating in stalking his co-defendant’s ex-girlfriend, defendant’s statement about Facebook postings of nude photos ...

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Court Won’t Exclude Digital Child Porn Evidence (access required)

In this child pornography conspiracy case, the Alexandria U.S. District Court denies defendant’s motion in limine to exclude digital evidence based on defendants’ claim the evidence cannot be properly authenticated under Fed. R. Evid. 901. Conspiracy websites According to the indictment, ...

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No Jurisdiction from Online App Sales (access required)

In this trademark infringement suit, a Russian defendant company’s distribution of allegedly infringing smartphone and tablet applications for photo and video filters through third-party, online stores is not a sufficient basis for the Alexandria U.S. District Court to exercise personal ...

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