Virginia Lawyers Weekly VA Lawyers Weekly

Where a West Virginia business closed two of its art studio locations because of the governor’s Covid-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Barbara Milano Keenan

Where a patent holder failed to allege facts sufficient to support a plausible claim that the defendant knowingly induced others to infringe the plaintiff’s patents, or that defendant acted with the specific intent to do so, an indirect infringement claim ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where there were disputed issues of material fact on whether patents were indefinite, whether prior art rendered a patent obvious and whether a similar machine was on sale and publicly known at the time a patent was obtained, summary judgment ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

In this business torts case, the trial court’s rulings on damages, attorney fees and interest are affirmed in part and reversed in part, which makes a third remand necessary. Overview This appeal arises from the trial court’s partial judgment against ...

Tagged with: Business Law Justice D. Arthur Kelsey Supreme Court of Virginia

Where the plaintiffs were bound by a prior settlement with the defendants related to royalty claims for a defined period of time, and the plaintiffs are now pursuing trespass claims for a different time period, the district court did not ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Henry F. Floyd

Where a member of a limited partnership that managed assets of a family trust alleged the person controlling the partnership acted improperly, but the claim was not brought derivatively on behalf of the partnership, the “novel” pleading strategy was rejected. ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District

Where a network security company alleged that several products from a competitor infringed 13 of the plaintiff’s patents, but the defendant had petitioned for inter partes review, or IPR, the suit was stayed pending resolution of the IPR proceedings. Background ...

Tagged with: Intellectual Property Judge Roderick C. Young U.S. District Court - Eastern District

Where an asset purchase agreement required the purchaser to use “commercially reasonable efforts” to market and sell a pharmaceutical drug, the court clarified how the business interest privilege affected this obligation. Background This matter comes before the court following extensive ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Where medical centers sought coverage for COVID-related business losses under the biocontamination and decontamination costs provisions in their policy, their claims are dismissed. The provisions require changes to the nature of the insured property that necessitates either repair or replacement ...

Tagged with: Insurance Judge Thomas T. Cullen U.S. District Court - Western District

Where a Virginia business alleged that the defendants breached insurance contracts by denying every claim for COVID-19 related loss of income and/or extra expenses, the other affected business could be identified and damages could be calculated through a common methodology, ...

Tagged with: Insurance Judge Raymond A. Jackson U.S. District Court - Eastern District