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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 […]
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.[...]
‘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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.” […]
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.” […]
‘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.” […]
‘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.” […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
