Judgment on the Pleadings

News & Analysis as of

IP Newsflash - March 2015

DISTRICT COURT CASES - Case Deemed Exception Where Patentee’s Infringement Read Contradicted a Prior Claim Construction Order of Related Patents in a Prior Litigation - After construing a critical disputed claim...more

Is It Too Late to Just Throw Superfund to the Curb?

Last week, Judge Paul Borman of the Eastern District of Michigan, allowed a motion by the United States for judgment on the pleadings, dismissing a third-party complaint brought against the United States by Michigan...more

There Is No “I”(P) in “Team”

Judge Donato Rule 12(c) motion granted; five patents found invalid for claiming an abstract concept: “the unremarkable concept of people working together on a project.” Open Text S.A. v. Box, Inc. et al. Case No....more

Design Patent Case Digest: Anderson v. Kimberly-Clark Corporation

Decision Dates: September 25, 2013 and July 10, 2014 - Court: W.D. Washington and Federal Circuit - Patent: D401,328 - Holding: Defendant’s Motion for Judgment on the Pleadings GRANTED; Complaint...more

You Still Can’t Violate the FDCPA by Complying With It…

In Gomez v. Oxford Law, 3:14-cv-00477, 2015 U.S. Dist. LEXIS 345, * 3 (M.D. Pa. Jan. 5, 2014), Ninouska Gomez filed suit under the Fair Debt Collection Practices Act (the “FDCPA”) after receiving a message from Oxford Law,...more

The Ends Justify The Means: Ha v. Northwestern University and Responding to Sexual Harassment Under Title IX

The recent decision in Ha v. Northwestern University, reiterates the leeway educational institutions have under Title IX when crafting a response to claims of sexual harassment. The plaintiff in Ha alleged that in February...more

Design Patent Case Digest: Young v. Stone

Decision Date: August 28, 2014 - Court: N.D. Illinois - Patent: D442,661 - Holding: Defendant’s motion for judgment on the pleadings of non-infringement - GRANTED Opinion: Plaintiff...more

Cigna Health and Life Ins. Co. v. Audax Health Sol’ns, Inc., C.A. No. 9405-VCP (Del. Ch. Nov. 26, 2014)

In this action seeking a declaratory judgment regarding the validity of certain provisions in a merger agreement and related contracts, the Court of Chancery granted in part plaintiff’s motion for judgment on the pleadings,...more

Fast Five: Rhode Island Appellate Practice - August 2014

Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more

Miller v. Palladium Industries, Inc., C.A. No. 7475-VCN (Del. Ch. Dec. 31, 2012) (Noble, V.C.)

In this letter opinion, the Court of Chancery granted the defendant-corporation’s motion for judgment on the pleadings, and dismissed the plaintiff’s action brought under 8 Del. C. § 145(e) for advancement of legal fees and...more

Patton Boggs Reinsurance Newsletter - December 2012: Iowa Federal Court Dismisses Claims Against Bermuda Reinsurance Affiliates

In this long term insurance benefits dispute, claims were brought by the policyholder against Bermuda-based reinsurance companies affiliated with the insurer. The Bermuda companies (and others) filed a motion for judgment on...more

12 Results
|
View per page
Page: of 1