Virginia Lawyers Weekly VA Lawyers Weekly

In this case arising from the receipt of unauthorized distribution of DIRECTV satellite programming to thousands of viewers at Massanutten Resort, orchestrated by defendants Randy Coley and East Coast Cablevision, in which the Harrisonburg U.S. District Court found defendants liable ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Defendant government contractor’s report to the Department of Defense Office of the Inspector General disclosing “unacceptable” time-billing practices, but denying overbilling, was not a “public disclosure” that would bar relator’s suit under the False Claims Act; the Alexandria U.S. District ...

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

A Virginia resident who is suing a West Virginia bank and its president for alleged breach of contract and fraud in failing to honor a contract in which plaintiff allegedly paid $40,000 for transfer of a royalty interest, has his ...

Tagged with: Contract Judge James C. Cacheris U.S. District Court - Eastern District

In plaintiff software developer’s suit alleging defendant title company has infringed plaintiff’s patented real estate settlement fraud prevention software system, a Norfolk U.S. District Court denies a motion to stay this suit pending a decision by the Patent Trial and ...

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

A Roanoke U.S. District Court awards defendant summary judgment on plaintiff’s claim under the federal false patent marking statute, 35 U.S.C. § 292, because plaintiffs, as potential competitors,”  have produced insufficient evidence of a “competitive injury,” which is required to ...

Tagged with: Intellectual Property Judge James C. Turk U.S. District Court - Western District

A Big Stone Gap U.S. District Magistrate Judge denies summary judgment to plaintiff coal sales company in its suit to recover advance payments for coal purchases, paid to defendant coal company. In 2011, Integrity and C&B contracted for the purchase ...

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

After awarding summary judgment to defendant in plaintiff’s suit for federal trade dress infringement and unfair competition under the Lanham Act, a Roanoke U.S. District Court accepts a magistrate judge’s recommendation and awards defendant cost of $14,551.79, but denies an ...

Tagged with: Intellectual Property Judge Robert S. Ballou Judge Samuel G. Wilson U.S. District Court - Western District

Plaintiffs who opened a Mirko pasta restaurant in Roanoke may sue the franchisor for alleged misrepresentations about the profitability of Mirko franchises and for negligence per se in the alleged violation of an FTC Franchise Rule, but the Roanoke U.S. ...

Tagged with: Contract Judge James C. Turk U.S. District Court - Western District

In plaintiff home designer/builder’s suit against a couple who allegedly built a home that infringed on plaintiff’s copyright to a “Bainbridge” home design, a Norfolk U.S. District Court denies an award of attorney’s fees for copyright infringement, but awards $13,760 ...

Tagged with: Contract Judge Robert G. Doumar U.S. District Court - Eastern District

Federal pleading standards under Twombly and Iqbal apply to complaints in patent infringement cases, and will be applied by the Richmond U.S. District Court to measure the sufficiency of complaints for direct infringement, whether literal infringement or infringement by the ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Robert E. Payne