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Business Law

EDVA: Privilege doesn’t attach to valuation documents (access required)

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

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EDVA: Hair-clip patent claims lack sufficient details (access required)

The patent-holder and licensee for a patented hair clip were granted leave to amend their patent-infringement claims against a former licensee who continues to sell products that the patent covers. Background Plaintiff Chan Soo Kim is listed as the inventor ...

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WDVA: Limited jurisdictional discovery needed in patent suit (access required)

Outstanding stream-of-commerce issues prevented the court from immediately ruling on the defendant’s claim that the court lacked personal jurisdiction. Background Plaintiff MYA Saray LLC manufactures and distributes tobacco products, including hookahs and accessories. The company also owns a number of ...

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EDVA: Targeted-ad methods too abstract for patents (access required)

Three patents for “high-tech snooping” processes used for online marketing were not enforceable. The internet context didn’t establish sufficient inventiveness over conventional, abstract concepts. Background This case involves technology that helps businesses pry into peoples’ personal preferences and privacy. Advertisers ...

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4th Cir.: Court could hear U.S. contractor suit against Korea (access required)

This appeal arose from a contract dispute between Appellee BAE Systems Technology Solutions & Services Inc., a U.S. defense contractor, and Appellant Republic of Korea and its Defense Acquisition Program Administration. BAE sought a declaratory judgment that it had not ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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WDVA: Builder’s negligence, not inspectors’, caused loss (access required)

A VDOT contractor that had to tear down and rebuild a bridge due to defective construction could not attribute its losses to either of its two inspection companies. The contractor moved forward with the bridge construction even after both inspectors ...

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Va. Cir.: Oyer for corporate documents denied (access required)

A defendant may not crave oyer for documents other than deeds or letters of probate and administration, outside the narrow exceptions of (1) agreement of the parties, or (2) supplements to documents related to deeds or probate that are already ...

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4th Cir.: Medical reimbursement scheme was material omission (access required)

Investors’ complaint against a medical device company sufficiently alleged violations of § 10(b) of the Securities Exchange Act, claiming that the company’s officers knowingly misrepresented material facts constituting a fraud on the market. Background Appellee TranS1 received approval in 2004 ...

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