Virginia Lawyers Weekly VA Lawyers Weekly

In plaintiff’s suit alleging infringement of plaintiff’s patented method of creating electronic maps of utility line in Virginia, a Norfolk U.S. District Court Magistrate Judge orders plaintiff to pay defendant $42,464 in attorney’s fees and costs incurred by defendant to ...

Tagged with: Intellectual Property Judge Mark Davis U.S. District Court - Eastern District

Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant manufacturers voted to engage in a group boycott of plaintiff’s “active injury mitigation technology” in an effort to reduce their exposure in products liability suits, and a split 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Antitrust Judge G. Steven Agee

After dismissing plaintiff’s suit alleging defendant H&M infringed its patent for material used in H&M’s “Beauty” underwire brassieres, the Norfolk U.S. District Court denies H&M’s request for attorney’s fees; defendant has failed to show inequitable conduct by a preponderance of ...

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

A businessman loses his suit alleging defendant builder infringed his copyright for home plans drafted by an architect and copyrighted by the businessman, but the Alexandria U.S. District Court denies defendant’s request for attorney’s fees as the plaintiff had a ...

Tagged with: Intellectual Property Judge Gerald Bruce Lee U.S. District Court - Eastern District

Plaintiff bank’s suit for breach of warranties in a Loan Participation Agreement with defendant bank is barred by the North Carolina three-year statute of limitations, as the breach occurred at the time the loan documents were executed, not when the ...

Tagged with: Contract Judge Jackson L. Kiser U.S. District Court - Western District

Because a Shareholders Agreement between plaintiff German companies and defendant Virginia company requires arbitration of “all disputes, claims or controversies” and further specifies arbitration under rules of the Vilnius Court of Commercial Arbitration, which call for the arbitrator to decide ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

A writer suing defendant “Horrorhound” magazine, marketed to fans of horror culture, may amend his complaint a second time to add three additional counts to intellectual property claims arising from his allegations of defendant’s treatment of plaintiff’s “Video Invasion” series ...

Tagged with: Intellectual Property Judge James R. Spencer U.S. District Court - Eastern District

In this copyright infringement action, an Alexandria U.S. District Court denies plaintiff’s motion to strike most of defendant’s affirmative defenses, including fair use and unclean hands, based on a claim that plaintiff is responsible for initially seeding some of its ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Plaintiffs stated fraud claims against the seller of a business comprising a Checkers franchise and an Auntie Anne’s franchise for allegedly presenting fraudulent invoices and estimates of daily sales for the restaurants, including evidence that sales were repeatedly rung up ...

Tagged with: Contract Judge Liam O'Grady U.S. District Court - Eastern District

An architectural firm has stated contract and fiduciary duty claims against a member who resigned and allegedly failed to abide by a Memorandum of Understanding that required payment of project proceeds to offset firm debt; the Charlottesville Circuit Court overrules ...

Tagged with: Charlottesville Circuit Court Contract Judge Richard E. Moore Virginia Circuit Courts