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Business Law

Oct 17, 2023

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 […]

Oct 17, 2023

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[...]

Oct 3, 2023

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 […]

Oct 3, 2023

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 […]

Sep 25, 2023

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 […]

Sep 25, 2023

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[...]

Sep 25, 2023

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 […]

Sep 19, 2023

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 […]

Sep 19, 2023

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 […]

Sep 19, 2023

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[...]

Sep 11, 2023

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[...]

Sep 7, 2023

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. […]

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