Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Where the patent was not issued under a decision in the Patent Trial and Appeal Board or federal court reversing an adverse determination of patentability, the United States Patent and Trademark Office did not err in concluding the plaintiff was ...

Tagged with: Intellectual Property Judge Leonie Brinkema U.S. District Court - Eastern District

Where discord among the three sole shareholders of a restaurant business resulted in a suit to dissolve the corporation and an action to buy plaintiff’s shares in lieu of dissolution, the court accepts the fair value determination of a defense ...

Tagged with: 25th Circuit Court Corporate Judge Paul A. Dryer Virginia Circuit Courts

A board of county supervisors lacked authority to dissolve an emergency medical service’s corporate status and distribute its assets. The service was a private nonstock corporation, rather than being established under the statute granting the county board the power to ...

Tagged with: Corporations Justice Cleo E. Powell Supreme Court of Virginia

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 ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

Where plaintiff asked defendant, a heating and cooling company, to come to her residence and some weeks later entered into a home repair contract, this was not a “home solicitation sale” under the Virginia Home Solicitation Sales Act. Overview Theuer ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District