ma Sirona Dental v. Institut Starumann AG By feeds.findlaw.com Published On :: 2018-06-19T08:00:00+00:00 (United States Federal Circuit) - Appeal from Patent Trial and Appeal Board which held certain patent submittals unpatentable and denied plaintiff the opportunity to amend. Patent submittals relates to a method of drilling assistance for dental work and, the Board ruled, were based on previous patents. Court of Appeals affirmed in part, vacated in part, and remanded in part. Court of Appeals agreed that certain patent submittals were unpatentable, but vacated the denial of the motion to amend Full Article Civil Procedure Intellectual Property Patent
ma Endo Pharmaceuticals Solutions v. Custopharm Inc. By feeds.findlaw.com Published On :: 2018-07-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed. Full Article Patent Intellectual Property Drugs & Biotech
ma Jazz Pharmaceuticals Inc. v. Amneal Pharmaceuticals LLC By feeds.findlaw.com Published On :: 2018-07-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious. Full Article Patent Intellectual Property Drugs & Biotech
ma Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding. Full Article Drugs & Biotech Patent Indian Law Intellectual Property
ma ZUP, LLC v. Nash Manufacturing, Inc. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action. Full Article Intellectual Property Patent
ma Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings. Full Article Intellectual Property Patent
ma In re Maatita By feeds.findlaw.com Published On :: 2018-08-20T08:00:00+00:00 (United States Federal Circuit) - Held that a patent application covering the design of an athletic shoe bottom should not have been rejected. The applicant argued that the patent claim met the enablement and definiteness requirements even though it used a single two-dimensional plan-view drawing to disclose the shoe bottom design. Agreeing that a designer of ordinary skill in the art would be able to make comparisons for infringement purposes, the Federal Circuit reversed the Patent Trial and Appeal Board's rejection of the patent claim. Full Article Intellectual Property Patent
ma Soarus LLC v. Bolson Materials International Corp. By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers. Full Article Contracts Trade Secrets Patent
ma Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. By feeds.findlaw.com Published On :: 2019-01-22T08:00:00+00:00 (United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion. Full Article Intellectual Property Drugs & Biotech Patent
ma Matlin v. Spin Master Corp. By feeds.findlaw.com Published On :: 2019-04-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of a commercial dispute for lack of personal jurisdiction over the defendant companies, which lacked sufficient contacts with Illinois. The case involved an alleged failure to pay royalties to the owners of certain patent rights. Full Article Civil Procedure Patent
ma Return Mail, Inc. v. Postal Service By feeds.findlaw.com Published On :: 2019-06-10T08:00:00+00:00 (United States Supreme Court) - Held that the U.S. Postal Service was barred here from challenging a private company's patent for a method for processing mail. Because federal agencies do not fall within the statutory definition of a person, they are ineligible to petition the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act of 2011. Justice Sotomayor delivered the opinion of the 6-3 Court. Full Article Intellectual Property Patent
ma In re Glickman By feeds.findlaw.com Published On :: 2016-08-23T08:00:00+00:00 (Court of Appeals of New York) - In an election law action, concerning whether Steven Glickman, a candidate for the state senate, is eligible to run for that office, the Appellate Division's judgment that he was eligible is reversed where Glickman's 2014 registration to vote in Washington, D.C. precludes him as a matter of law from establishing the five years of continuous residency in New York required by the state constitution. Full Article Elections
ma Stonehill Capital Management v. Bank of the West By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable. Full Article Commercial Law Contracts
ma Thomas v. Bryant By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The majority of a merits panel affirmed a district court judgment declaring a Mississippi redistricting plan as violative of the Voting Rights Act. Full Article Government Law Constitutional Law
ma Marks v. Hudson By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Fifth Circuit) - Reversed and remanded for dismissal. State child protective services agency employees were entitled to qualified immunity in a suit alleging constitutional violation in the removal of three children from their mother's custody under a temporary removal order. Full Article Civil Procedure Constitutional Law
ma Hardeman v. Wathen By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A correctional facility was not entitled to qualified immunity in a putative class action suit by pretrial detainees that were denied running water and claimed Fourteenth Amendment violations. Full Article Civil Procedure Constitutional Law
ma Wal-Mart Stores, Inc. v. TX Alcohol By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban. Full Article Constitutional Law Government Law Civil Procedure
ma Baughman v. Hickman By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. In the case of a man who alleged a constitutional violation related to his injuries while in custody, the dismissal of all federal claims for failure to state a claim affirmed, as was the decision not to exercise supplemental jurisdiction over a Texas law claim. Full Article Constitutional Law Civil Procedure Injury & Tort Law
ma Whole Woman's Health Alliance v. Curtis T. Hill, Jr. By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Plaintiff, an abortion care provider, sought a license from the State of Indiana to operate a clinic. Plaintiff made two unsuccessful license applications over a two-year period before resorting to the federal courts. The district court granted Plaintiff preliminary relief based on the likelihood that it would be successful at trial. Indiana appealed seeking a stay on the relief. Appellate ordered that Indiana should treat Plaintiff as though it were provisionally licensed while the litigation proceeds. Full Article Civil Procedure Constitutional Law
ma Humane Society of the US v. Perdue By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact. Full Article Constitutional Law Government Law Civil Procedure
ma Finkelman v. NFL By feeds.findlaw.com Published On :: 2016-01-14T08:00:00+00:00 (United States Third Circuit) - In an class action challenging the NFL's ticketing practices during Super Bowl XLVIII (2014) under a provision of New Jersey's Consumer Fraud Act, N.J. Stat. Ann. section 56:8-35.1, the district court's dismissal for failure to state a claim is affirmed in part and vacated in part where the named plaintiffs failed to allege the elements of constitutional standing required under Article III. Full Article Civil Procedure Class Actions Sports Law Consumer Protection Law Constitutional Law
ma National Football League Management Council v. National Football League Players Association By feeds.findlaw.com Published On :: 2016-04-25T08:00:00+00:00 (United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness. Full Article Labor & Employment Law Sports Law Dispute Resolution & Arbitration
ma Maloney v. T3Media, Inc. By feeds.findlaw.com Published On :: 2017-04-05T08:00:00+00:00 (United States Ninth Circuit) - In an brought by former student-athlete plaintiffs, alleging that defendant exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association's Photo Library for non-commercial use, the district court's order granting defendant's special motion to strike and dismissing plaintiffs' claims without leave to amend is affirmed where: 1) the federal Copyright Act preempts the plaintiffs' publicity-right claims and the derivative UCL claim; and 2) in light of that holding, plaintiffs' cannot demonstrate a reasonable probability of prevailing on their challenged claims. Full Article Civil Rights Intellectual Property Commercial Law Sports Law Copyright Education Law Antitrust & Trade Regulation
ma Jackson v. Mayweather By feeds.findlaw.com Published On :: 2017-04-19T08:00:00+00:00 (California Court of Appeal) - In a suit brought following the break up of plaintiff's relationship with a former boxing champion, alleging invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction of emotional distress, based on defendant's social media postings about the termination of plaintiff's pregnancy and its relationship to the couple's separation and his comments during a radio interview concerning the extent to which plaintiff had undergone cosmetic surgery procedures, the trial court's denial of defendant's special motion to strike those causes of action pursuant to Code of Civil Procedure section 425.16 is reversed as to with respect to plaintiff's claims for defamation and false light portrayal, as well as her cause of action for public disclosure of private facts based on defendant's comments about plaintiff's cosmetic surgery. In all other respects, the judgment is affirmed. Full Article Civil Procedure Sports Law Injury & Tort Law
ma Mann v. Palmerton Area School District By feeds.findlaw.com Published On :: 2017-09-21T08:00:00+00:00 (California Court of Appeal) - Affirming the district court's grant of summary judgment in the case of a student football player who took some hard hits and ended up diagnosed with traumatic brain injury because the coach was entitled to qualified immunity and there wasn't enough evidence to warrant a jury trail against the town. Full Article Civil Procedure Sports Law
ma Olson v. Manhattan Beach Unified School District By feeds.findlaw.com Published On :: 2017-11-29T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's dismissal of a second amended complaint in a lawsuit alleging defamation and deceit related to parents' complaints about a baseball team coach because the grievance, filed pursuant to a collective bargaining agreement, failed to satisfy the claim filing requirements of the Government Claims Act. Full Article Civil Procedure Sports Law Injury & Tort Law
ma Finkelman v. National Football League By feeds.findlaw.com Published On :: 2017-12-15T08:00:00+00:00 (United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification. Full Article Sports Law Entertainment Law Civil Procedure Commercial Law
ma Willhide-Michiulis v. Mammoth Mountain Ski Area LLC By feeds.findlaw.com Published On :: 2018-07-18T08:00:00+00:00 (California Court of Appeal) - Affirmed that a ski area was not liable for injuries that a snowboarder suffered when she collided with a snowcat and snow-grooming tiller. The snowboarder, who was seriously hurt, argued that the ski resort was grossly negligent and thus liable for her injuries despite the liability waiver she had signed as part of her season-pass agreement. However, the Third Appellate District concluded that the operation of snow-grooming equipment on a snow run is an inherent risk of snowboarding and that there was no gross negligence, affirming summary judgment against her claims. Full Article Sports Law Injury & Tort Law
ma Anselmo v. Grossmont-Cuyamaca Community College District By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (California Court of Appeal) - Reversed the dismissal of a suit filed by a student athlete volleyball player against a community college after she was injured during a tournament game when she dove into the sand and her knee struck a rock. The community college argued that it was protected by an immunity covering field trips and excursions, as set forth in section 55220 of title 5 of the California Code of Regulations. Rejecting this argument, the Fourth Appellate District held that this provision did not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. The panel therefore reversed an order granting a demurrer and remanded. Full Article Education Law Sports Law Injury & Tort Law
ma Martine v. Heavenly Valley L.P. By feeds.findlaw.com Published On :: 2018-09-26T08:00:00+00:00 (California Court of Appeal) - Held that a skier could not proceed to trial on her negligence claims alleging that, after hurting her knee, she was helped down the mountain by a ski patrol when the rescue sled in which she was riding went out of control and hit a tree. Affirmed summary judgment for the ski resort. Full Article Sports Law Injury & Tort Law
ma Mayall v. USA Water Polo, Inc. By feeds.findlaw.com Published On :: 2018-11-28T08:00:00+00:00 (United States Ninth Circuit) - Held that a child who suffered head injuries while playing in a youth water polo league stated a claim that USA Water Polo acted negligently and unlawfully by failing to implement concussion-management and return-to-play protocols. Reversed the dismissal of a proposed class action brought by her parent on her behalf. Full Article Sports Law Injury & Tort Law
ma Mackey v. Board of Trustees of the California State University By feeds.findlaw.com Published On :: 2019-01-23T08:00:00+00:00 (California Court of Appeal) - Revived claims brought by several African-American college basketball players that their head coach had engaged in race-based discrimination and retaliation. The players claimed that the coach reduced their playing time, afforded them fewer opportunities, punished them more severely and otherwise favored their teammates of other races. Reversed summary judgment in relevant part on their claims under title VI of the Civil Rights Act of 1964 and California law. Full Article Sports Law Civil Rights Education Law
ma BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator. Full Article Sports Law Environmental Law Oil and Gas Law
ma Agility Public Warehousing Co. KSCP v. Mattis By feeds.findlaw.com Published On :: 2017-04-04T08:00:00+00:00 (United States Federal Circuit) - In an appeal from a decision of the Armed Services Board of Contract Appeals finding that the government did not breach the terms of a supply contract with plaintiff, the Board's decision is: 1) affirmed in part where the government did not breach the express terms of the contract or a later agreement to consider exceptions; but 2) vacated in part where the Board erred when it concluded that it 'need not decide' plaintiff's implied duty and constructive change claims. Full Article Government Contracts Administrative Law
ma Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore By feeds.findlaw.com Published On :: 2017-04-25T08:00:00+00:00 (United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law. Full Article Government Contracts Construction Contracts
ma Cinema West, LLC v. Baker By feeds.findlaw.com Published On :: 2017-06-30T08:00:00+00:00 (California Court of Appeal) - Affirming the superior court's determination that a movie theater being constructed using a loan from the city government and receiving city grant funds was subject to California's prevailing wage laws as they apply to 'public works.' Full Article Labor & Employment Law Government Contracts Commercial Law Construction
ma Chugach Management Services Zurich American Insurance Co. v. Jetnil By feeds.findlaw.com Published On :: 2017-07-21T08:00:00+00:00 (United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas. Full Article Labor & Employment Law Government Contracts Injury & Tort Law Workers' Compensation International Law
ma Northrop Grumman Technical Service, Inc. v. DynCorp International LLC By feeds.findlaw.com Published On :: 2017-07-28T08:00:00+00:00 (United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court. Full Article Civil Procedure Government Contracts Contracts
ma Agility Logistics Services Company KSC v. Mattis By feeds.findlaw.com Published On :: 2018-04-16T08:00:00+00:00 (United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review. Full Article Military Law International Law Civil Procedure Contracts Government Contracts
ma San Diego Unified Port District v. California Coastal Commission (Sunroad Marina Partners, LP) By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (California Court of Appeal) - Held that the California Coastal Commission did not act contrary to law in refusing to certify the San Diego Unified Port District's proposed master plan amendment authorizing a hotel development project, in a reversal of the trial court. Full Article Property Law & Real Estate Construction
ma Synergy Project Management, Inc. v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-14T08:00:00+00:00 (California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court. Full Article Construction
ma Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ma South of Market Community Action Network v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief. Full Article Environmental Law Construction
ma McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below. Full Article Insurance Law Construction
ma Texas Tech Physicians Associates v. US Department of Health and Human Services By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order. Full Article Health Law Government Benefits
ma Omlansky v. Save Mart Supermarkets By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff brought a qui tam action alleging that Defendant violated the False Claims Act in its billings to Medi-Cal. The trial court sustained a demurrer and entered a judgment of dismissal of the complaint. The appeals court held that Defendant did not violate any requirement under law as to its billings to Medi-Cal. Full Article Health Law Consumer Protection Law Government Benefits
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