Case Summaries
Intellectual Property
[08/19] Cooper Techs. Co. v. Dudas
A determination by the Patent and Trademark Office (PTO) of which applications constitute "original applications" for which inter partes reexamination is available under the American Inventors Protection Act (AIPA) is affirmed where: 1) the PTO's determination was entitled to Chevron deference; and 2) in the absence of clear Congressional intent as to the meaning of "original application," the PTO's interpretation of the term was a reasonable construction.
[08/19] DSW, Inc. v. Shoe Pavilion, Inc.
In a suit alleging infringement of two patents for storing and displaying footwear for customer self-service, summary judgment of non-infringement of one patent and no liability for damages for past infringement of both patents is vacated and remanded where: 1) the finding of non-infringement was based on incorrect construction of claims; and 2) patent infringement is a strict liability offense, and an infringer's reasonable steps and good faith efforts to cease infringing activity are insufficient to avoid damages.
[08/19] In Re Cygnus Telecomm. Tech., LLC, Patent Litig.
In a patent dispute over computerized callback systems designed to lower the cost of overseas telephone calls, summary judgment of invalidity and dismissal of trade secret appropriation claims are affirmed where: 1) plaintiff was not collaterally estopped from appealing the invalidity finding despite not having named all defendants in its appeal; 2) plaintiffs produced no evidence disputing a statement by the inventor regarding the date on which he had reduced the invention to practice; 3) sales of a device that embodied the patent claims subjected the patent to invalidation despite that device's not being ready for sale on a commercial scale; and 4) the statute of limitations barred plaintiff's claim for misappropriation of trade secrets.
More...
Corporation & Enterprise Law
[08/19] Joyce v. Morgan Stanley & Co., Inc.
In a suit by shareholders of a telecommunications company alleging that defendant, while advising the company during its acquisition by another company, failed to advise plaintiffs on minimizing their exposure to financial losses, grant of a motion to dismiss is affirmed in part and vacated and remanded in part where: 1) plaintiffs were bringing a direct action on their own behalf, not a derivative one on behalf of the corporation, and to that extent had standing; but 2) plaintiffs' constructive fraud claim required them to allege that defendant owed them a fiduciary duty, but no such duty never arose.
[08/15] CA Inc. v. AFSCME Employees Pension Plan
Two certified questions, arising from an action before the SEC to determine whether respondent-shareholders' proposed bylaw requiring reimbursement of proxy expenses should be included in petitioner-corporation's annual proxy materials, are answered affirmatively where: 1) respondents' proposal was a proper subject for action by shareholders; and 2) the proposal, if adopted, would cause petitioner to violate state law because it would in some cases curtail the directors' ability to fully exercise their fiduciary duties. (Republished Opinion)
[08/12] In the Matter of Yorkshire LLC
Bankruptcy court's order sanctioning debtors for filing two bankruptcy petitions in bad faith is affirmed where the bankruptcy court did not err in concluding that the bankruptcy cases had been filed with a bad motive and with no meaningful thought being given to the actual purposes of Chapter 11 bankruptcy.
More...
Immigration Law
[08/19] Sowe v. Mukasey
Petition for review brought by a native of Sierra Leone of a denial of his applications for asylum, withholding of removal, and protection under the CAT is denied in part, but granted in part and remanded where: 1) the BIA erred in failing to determine whether, assuming the truth of petitioner's testimony that he witnessed his parents' murder, the severing of his brother's hand, and his sister's kidnaping, he provided compelling reasons for his being unwilling or unable to return to Sierra Leone; and 2) a remand was required to determine his eligibility for asylum pursuant to 8 C.F.R. section 1208.13(b)(1)(iii)(A).
[08/19] Cui v. Mukasey
Petition for review of a ruling pretermitting Chinese native's application for withholding of removal and relief under the Convention Against Torture (CAT) is granted where the IJ abused his discretion in refusing to grant petitioner's motion for a continuance so that she could resubmit fingerprints for a background security check.
[08/19] Limani v. Mukasey
Petition for review of a denial of an application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied where: 1) petitioners failed to establish past persecution or clear probability of future persecution in Algeria; 2) substantial evidence supported a conclusion that the family's fear of future persecution was speculative; and 3) petitioners did not establish either that they were tortured in the past or that it was more likely than not that their family would be tortured if removed to Algeria.
More...
|
