Jeffer Mangels Butler & Mitchell LLP

California Prevailing Wage Law Expanded to Cover Private Projects

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial…more
| Construction Law, Labor & Employment Law

Plaintiff Granted Dismissal Based on Covenant Not to Sue Even With Motion to Dismiss for Lack of Patentable Subject Matter Pending

The plaintiff, Shipping and Transit, LLC ("Plaintiff"), filed a patent infringement action against Defendant Neptune Cigars, Inc. ("Defendant"), for infringement of U.S. Patent Nos. 6,415,207 ("the '207 Patent") and 6,763,299…more
| Civil Procedure, Civil Remedies, Intellectual Property

Hotels – Brand Expansion or Brand Explosion?

Consumer oriented companies commonly use “brand extension” to launch a new product by using an existing brand name on a new or related product, often in a different category. These companies use brand extension to leverage their…more
| Business Organizations, Commercial Law & Contracts, Franchise Law

District Court Excludes Damage Expert's Opinion Based On Faulty Royalty Calculation

In this patent infringement action between Finjan and Sophos, the district court had previously granted a motion to exclude Finjan's damage expert. The district court explained that the expert's, Layne-Farrar, "method of…more
| Civil Procedure, Intellectual Property

District Court Denies Request to Preclude Defendant from Sharing Confidential Information of Plaintiff with PTAB as part of Inter Partes Review

In this patent infringement action between Ultratec and CaptionCall, CaptionCall filed a motion for relief from the stipulated protective order in order to use confidential commercial information from Ultratec (the plaintiffs)…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

District Court Stays Litigation Pending Inter Partes Review ("IPR") over Defendant's Objection That Summary Judgment Motion Should be Determined First

After the Patent Trial and Appellate Board ("PTAB") instituted inter partes review ("IPR") of all asserted claims in three of the Patents-in-Suit and with the PTAB's decision on FMC's petition for IPR of the fourth challenged…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

District Court Precludes Damage Expert from Using a Settlement Agreement to Derive a Reasonable Royalty Calculation Where Expert Employed a Likelihood of Liability Estimate Based Solely on a Study That Patent Holders Prevail Approximately 40 Percent

MAX Encryption Technologies ("MAZ") filed a patent infringement action against Blackberry for patent entitled "Method of Transparent Encryption and Decryption for an Electronic Document Management System," U.S. Patent No…more
| Civil Remedies, Intellectual Property, Science, Computers, & Technology

Tax Alert for Foreign Investors Looking at U.S. Investments

Pre-immigration and Non-U.S. Resident Planning - It does not matter whether foreign individuals are investing in U.S. property and hoping to become residents in the U.S., or are planning to invest in U.S property without…more
| Business Organizations, International Law & Trade, Taxation

District Court Orders Production of Source Code in Searchable Format

The plaintiff, [24]7 Customer, Inc. ("[24]/7"), filed a lawsuit against Defendant LivePerson, Inc. ("LivePerson") alleging that LivePerson infringed several patents pertaining to a customer engagement software platform. After…more
| Intellectual Property, Science, Computers, & Technology

Sprint v. Comcast: District Court Denies Request for Attorney's Fees Pending Appeal to the Federal Circuit

Plaintiff Sprint Communications Company brought suit against Defendants Comcast Cable Communications, LLC and Comcast IP Phone, LLC alleging infringement of six of its patents related to telecommunications and data networking…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Grecia v. McDonald's: District Court Grants Motion to Dismiss Where McDonald's Could Not "Use" System for Patent Infringement Claim Because Credit Card Companies Controlled the Entire System

The plaintiff, Grecia, alleged that McDonald's infringed certain claims of U.S. Patent No. 8,533,860 ("the '860 patent") and of U.S. Patent No. 8,402,555 ("the '555 patent") through its use of the "tokenization systems" of…more
| Civil Remedies, Intellectual Property

The EB-5 Securities Law Roundtable has released its recommendations to clarify and conform EB-5 integrity legislation to existing securities laws. - Investment Law Blog

The EB-5 Securities Law Roundtable, a group of securities lawyers from several different law firms around the United States, has been working jointly to provide comments to legislation that we expect will be proposed by Congress…more
| Business Organizations, Immigration Law, Securities Law

Murata v. Daifuku: District Court Denies Preliminary Injunction Motion for a Second Time After Remand from Federal Circuit Based on Pending IPR and Previously Issued Stay

In September 2013, Murata filed a patent infringement action alleging that Daifuku infringed three of its patents (the "Original Patents"). A year later, in September 2014, Murata moved to amend its Complaint to add two patents…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

EON v. Apple: District Court Permits Plaintiff to Present Technology Tutorial Through Expert Consultant Not Previously Designated

Apple filed an objection to EON's plan to present a technology tutorial through its expert consultant. Apple asserted that the consultant was not disclosed as an expert on whom EON intended to rely upon during claim…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Boston University v. Everlight: District Court Grants Immediate Appeal Over Whether Lump-Sum Royalty Award Can Be Converted to Ongoing Royalty Payments Post Verdict

After a jury awarded the Trustees of Boston University ("BU") a $9.3 million dollar one-time lump-sum payment from Epistar and a $4 million dollar one-time lump-sum payment from Everlight, the district court denied the…more
| Civil Procedure, Civil Remedies, Intellectual Property
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