Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Business Civil Procedure Evidence Judge Robert E. Payne U.S. District Court - Eastern District

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 ...

Tagged with: Business Law Intellectual Property Judge John A. Gibney Jr. Patent Disputes U.S. District Court - Eastern District

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 ...

Tagged with: Civil Procedure Intellectual Property Judge Glen E. Conrad Patent Disputes U.S. District Court - Western District

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 ...

Tagged with: Commercial Intellectual Property Judge John A. Gibney Jr. Patent Disputes Telecommunications U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Civil Procedure Contract Corporate International Law Judge Diana Gribbon Motz

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 ...

Tagged with: Business Law Corporate Employment Judge T.S. Ellis III Securities Tort U.S. District Court - Eastern District

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 ...

Tagged with: Construction Contract Judge Norman K. Moon Negligence U.S. District Court - Western District

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 ...

Tagged with: Business Law Civil Procedure Corporate Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

The district court lacked jurisdiction to consider the validity of an FCC rule regarding unsolicited faxes, and it erred in concluding that the rule applied only to faxes with a facially commercial aim. Background Appellee PDR Network is a company ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Albert Diaz

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Health Care Judge Robert B. King Securities