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Intellectual Property

Jan 18, 2010

Intellectual Property – PTO Reg Challenge

A plaintiff company undergoing an ex parte reexamination appeal, at the behest of Cisco Systems Inc., of plaintiff’s patent issued in 2005, cannot challenge a regulation of the U.S. Patent and Trademark Office that regulates the appeal process in these circumstances, as an Alexandria U.S. District Court says that plaintiff’s request is not ripe for […]

Jan 11, 2010

Intellectual Property – Consumer Web Site – Auto Dealer Feedback – Immunity

A car dealership cannot sue a consumer Web site on which shoppers posted negative experiences for defamation and tortious interference with business expectancy; the 4th Circuit affirms the district court holding that defendant Consumeraffairs.com Inc. has immunity from suit under the Communications Decency Act because defendant was merely an interactive computer service. Defendant Consumeraffairs.[...]

Jan 5, 2010

‘Twiqbal’ torpedos Web site defamation claim

We have reported on how the new ‘Twiqbal’ standard has raised the bar for pleading a federal complaint. The latest word on appellate review of the heightened pleading standard finds the 4th Circuit agreeing with Alexandria U.S. District Judge Gerald Bruce Lee’s dismissal of an auto dealership’s defamation claim against a Web site that posted […]

Dec 21, 2009

Intellectual Property – Pile Driving Equipment – Markman Hearing

In this suit alleging infringement of a patent that involves a vibratory pile driving device that allows for increased driving speed over hammer devices, a Norfolk U.S. District Court issues its construction of four claim terms and phrases after a Markman claim construction hearing. “Eccentric weight portion” means “that portion of the counterweight that extends […]

Oct 9, 2009

Patent firm avoids sanctions

U.S. District Judge Leonie Brinkema decided today not to sanction SPH America LLC, a Reston-based company that attempts to enforce patents on mobile phone technology, even though she said the suit it filed against the national law firm of Foley & Lardner LLP was groundless. SPH accused the law firm of disclosing confidential information that […]

Oct 9, 2009

Patent firm avoids sanctions

U.S. District Judge Leonie Brinkema decided today not to sanction SPH America LLC, a Reston-based company that attempts to enforce patents on mobile phone technology, even though she said the suit it filed against the national law firm of Foley & Lardner LLP was groundless. SPH accused the law firm of disclosing confidential information that […]

Oct 8, 2009

Hospital urges dismissal of consultant’s lawsuit

U.S. District Judge Glen Conrad seemed reluctant this week to pull the plug on a lawsuit alleging Rockingham Memorial Hospital is reneging on a deal to share revenue from a consultant’s secret idea to boost Medicare reimbursement. At a hearing in Harrisonburg, RMH lawyer Daniel Fitch argued the consultant’s proposal was nothing more than the […]

Oct 5, 2009

Judge wants answers in patent case

U.S. District Judge Leonie Brinkema is not letting a frequent filer patent company leave the courthouse quietly in its lawsuit against the national law firm Foley & Lardner. Brinkema has set a hearing for Friday, Oct. 9, for SPH America to show cause why its lawsuit should not be dismissed with prejudice with costs awarded […]

Aug 31, 2009

Dust settles in Web site duel

Dueling lawyer Web sites were left standing when the dust settled in Alexandria federal district court last week. Two Northern Virginia lawyers with the same surname developed the Web sites to market their separate specialties. H. Jay Spiegel, a Mt. Vernon IP lawyer, is at “SPIEGELAW.COM,” while Alexandria employment lawyer Steven M. Spiegel uses “SPIEGELLAW.COM.” […]

Aug 31, 2009

Dust settles in Web site duel

Dueling lawyer Web sites were left standing when the dust settled in Alexandria federal district court last week. Two Northern Virginia lawyers with the same surname developed the Web sites to market their separate specialties. H. Jay Spiegel, a Mt. Vernon IP lawyer, is at “SPIEGELAW.COM,” while Alexandria employment lawyer Steven M. Spiegel uses “SPIEGELLAW.COM.” […]

May 27, 2009

‘I Won’t Back Down,’ club owner said

A Suffolk club owner’s luck ran out in Norfolk federal court last Friday.   The club owner had told music-licensing giant ASCAP that he would take his chances on operating without an ASCAP license, according to a lawsuit filed by the publishers. The plaintiffs included “Gone Gator Music,” “Floated Music,” “Milksongs” and “Hideout Records.”    […]

May 27, 2009

‘I Won’t Back Down,’ club owner said

A Suffolk club owner’s luck ran out in Norfolk federal court last Friday.   The club owner had told music-licensing giant ASCAP that he would take his chances on operating without an ASCAP license, according to a lawsuit filed by the publishers. The plaintiffs included “Gone Gator Music,” “Floated Music,” “Milksongs” and “Hideout Records.”    […]

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