Free Newsletter
Summary judgment denied in patent dispute
Where a company sued for patent infringement moved for summary judgment on its anticipation, obviousness and patent-ineligible defenses, but there were disputed issues of material fact on these issues, its motion was denied. Background Daedalus Blue LLC sued MicroStrategy Incorporated, alleging that a product it offers (the MicroStrategy Platform) infringes on two patents held by […]
Architecture firm alleges defendants copied plans
Where an architecture firm alleged that defendants duplicated the firm’s copyright-protected plans without a license, and submitted them to a city agency, the defendants were sued for copyright infringement. Background Michael Pellis Architecture PLC and Michael A. Pellis bring this action against M.L. Bell Construction LLC and Michael F. Bell, alleging copyright infringement, violation of [&hel[...]
Railroad sues maintenance operator after derailment
Where experts disagreed about the cause of track fractures that led to a train derailment, the maintenance operator’s motion for summary judgment on the express warranty claim was denied. Background This case concerns a train derailment that occurred in 2019 in Bartow, Georgia. RailWorks Maintenance of Way LLC is a “qualified track maintenance operator” who […]
Defendant may raise anticipation defenses at trial
A company sued for patent infringement may raise its anticipation defenses at trial where secondary materials about a product, including product manuals and other documentation, may be relied upon as evidence of how the prior art product worked for anticipation purposes. Background Daedalus Blue LCC alleges that products offered by defendant MicroStrategy Incorporated infringe on […]
Company owner dodges breach of contract suit
Where the CEO of the corporate defendant only acted for the benefit of the corporation, there were insufficient allegations to pierce the corporate veil and hold him personally responsible for the company’s alleged breach of contract. Background According to the allegations in the complaint, in 2018, Shandong Reltex Leihua Co. Ltd entered into a warehousing […]
Engineering consultant dismissed from suit
Where a company pleaded no facts plausibly showing that an engineering consultant either directly copied plaintiff’s drawings or that its drawings were substantially similar to plaintiff’s, the copyright infringement claim against the engineering consultant was dismissed. Background Metropolitan Engineering Inc. alleges that four defendants — WDG Architecture PLLC; Girard Engineering Inc.; R[...]
Judgment entered against company for horse’s death
Where an equine transport company was sued for its alleged negligence in the death of a show horse, and the horse’s owner alleged that the company made material misrepresentations about its “superior insurance coverage for equine transport,” the company was liable for its constructive fraud. Background A show horse named Elton, who was owned by […]
Court refuses to strike damages expert’s report
Where the damages expert in an infringement action properly included non-infringing support and maintenance revenue in his royalty base, the defendant’s motion to strike his report was denied. Background Daedalus Blue LCC alleges that products offered by defendant MicroStrategy Incorporated infringe on its ’172 and ’076 patents. Defendant filed a motion to exclude the expert […]
Jury to decide who is on hook for $207K loss
Where two companies were both victimized by a fraudster, resulting in a $207,000 loss suffered by one of the companies, a jury will decide which one failed to act reasonably in preventing the fraud and who, if either, was most at fault for enabling the fraud. Background The LCF Group Inc. purchases future receivables of […]
Enforceable arbitration clause in construction contract
Where the parties’ construction contract unambiguously provided that the American Arbitration Association’s rules applied in the event of a dispute, the trial court erred by deciding which of appellants’ claims were subject to arbitration. The AAA rules provide that the arbitrator determines arbitrability. Arbitration rules “Because the contract contains an enforceable arbitration clause t[...]
Alleged infringer didn’t timely disclose expert opinions
Where a company sued for patent infringement submitted a declaration in support of its motion for summary judgment that included multiple paragraphs constituting expert testimony that was neither timely disclosed nor harmless or substantially justified in its nondisclosure, those paragraphs were stricken. Background Daedalus Blue LCC alleges that products offered by defendant MicroStrategy Incorpo[...]
Software company fails to dismiss securities suit
Where shareholders in a cybersecurity software company pleaded facts showing the company’s September 2021 forecasts did not include meaningful cautionary language about potential risks, and it was plausible the forecasts were made with “actual knowledge” of their falsity, the claims under § 10(b) of the Exchange Act and Rule 10b-5 survived the motion to dismiss. […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
