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Business Law

Lack of customer confusion dooms claims (access required)

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

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Plaintiff’s conduct constitutes waiver of cap on price increases (access required)

Although the purchaser of gasses used in the manufacture of steel pipes argued the defendant breached the product agreement by increasing prices by more than 2% per year, it waived enforcement of the price-escalation provision by buying (without complaint) gasses ...

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Judge refuses to recuse himself in high-profile infringement suit (access required)

Although Cisco Systems, which was sued for patent infringement, argued the trial judge should recuse himself after he discovered his spouse owned shares of Cisco and one of its competitors, the motion was denied because a reasonable person would not ...

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Cisco’s patent infringement results in award over $1.8B (access required)

A company that demonstrated that Cisco Systems infringed four of its patents covering complex computer networking security functions was awarded over $755 million in damages. Because Cisco’s infringement was willful, this amount was multiplied 2½ times, resulting in a total ...

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Naming all LLC members not needed for diversity jurisdiction (access required)

A law firm suing its former client for unpaid legal services sufficiently alleged diversity jurisdiction by alleging the LLC defendant’s members are natural persons domiciled in Tennessee. Identifying the names of the members was not necessary. Background Gentry Locke Rakes ...

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Challenge to pharma marketing plan survives dismissal bid (access required)

Efforts by pharmaceutical defendants to quickly dispose of a suit alleging they didn’t use commercially reasonable efforts to market and sell a prescription drug failed because the complaint plausibly alleged they were liable under a successor liability theory and breached ...

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