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Business Law

‘Customer suit’ exception dooms patent action

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

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Plaintiff precluded from introducing damages evidence at trial

Where a party claiming it was improperly excluded from a joint venture provided only lost revenue information in discovery, and not its lost profits, it was precluded from introducing damages evidence at trial. However, it could recover nominal damages on ...

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Tax on internet provider’s gross revenue disapproved

Where the city of Norfolk levies its Business, Professional, and Occupational License tax on an internet provider’s gross income, this violates the federal Internet Tax Freedom Act unless Norfolk’s tax has been grandfathered under the ITFA. The court does not ...

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Demurrers to investors’ claims sustained

Where plaintiff investors in a failed maternity clothing company sued the company and its two founders, the individual defendants’ demurrers to plaintiffs’ claims are sustained. Plaintiffs are granted leave to amend their complaint. Background Evans and Wilson were co-founders of ...

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Expert lacked basis to opine on lost future sales

A physicist with experience relating to radiation protection products could not testify about lost future sales resulting from the defendants’ alleged patent infringement because his opinion was not based on specialized methodology, facts or data gathered from the relevant market. ...

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Ex-general counsel wins $3.7 million judgment against company, owner

Where a company promised to pay its general counsel a $100,000 signing bonus and a $1.2 million annual salary but failed to pay him for three years, a default judgment was entered against the company. And because its owner made ...

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