Virginia Lawyers Weekly VA Lawyers Weekly

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

Where Florida-based defendants who were sued for trademark infringement by a mortgage services company have not been involved with loans in Virginia, Virginia residents have not registered with or submitted any loan applications through their website and they have not ...

Tagged with: Intellectual Property Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where an insurance agent sued Allstate for giving his book of business to another agent, but the agency agreement provided that all insurance policies were owned by Allstate, the conversion claim failed as a matter of law. Background Keith Hallacher ...

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

Where two companies that manufacture and sell wood protection products moved to dismiss a third competitor’s suit claiming they engaged in false advertising, their motion was denied because the complaint pleaded that a false representation was made in interstate commerce, ...

Tagged with: Commercial Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the purchasers did not close on the sale of two commercial buildings, the trial court correctly determined the purchasers breached the sales contract after rejecting their argument that the parties voluntarily terminated the deal. Further, the trial court correctly ...

Tagged with: Contract Supreme Court of Virginia

Where businesses sought insurance coverage for losses related to the partial suspension of their operations, as well as the costs of remediating the threat of COVID-19, the carrier prevailed because a communicable disease caused by a virus does not fall ...

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

Where plaintiff sued defendants under Virginia law for trademark infringement, federal law informs the court’s evaluation of whether laches is a valid defense to plaintiff’s suit. Defendants have not proven their laches defense in their plea in bar. Plaintiff lacked ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Trademark Virginia Circuit Courts