News & Analysis as of

Damages

Steal Trade Secrets, Get Cut: BladeRoom Jury Bleeds Emerson Electric to the Tune of $30 Million

by Fisher Phillips on

A California federal jury recently decided that Emerson Electric Company owes prefabricated module manufacturer BladeRoom Group Limited $30 million in damages for stealing trade secrets to build a massive new data...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Will The Supreme Court Take A Charitable View Of Cy Pres Settlements?

by Carlton Fields on

On April 30, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to review the fairness of the ever-increasing use of cy pres remedies in class action settlements. ...more

What Are The Elements Of A Negligence Claim After A Motor Vehicle Accident?

by The Brown Firm on

When a Car Accident occurs as a result of someone else's negligent driving, the injured party may have the legal right to file a Personal Injury Lawsuit against the at-fault driver. To win a negligence lawsuit case, the...more

Recent Appellate Decision Favors Plaintiffs in Valuation of Past Medical Damages

by Selman Breitman LLP on

The Implications of Pebley v. Santa Clara Organics, LLC - The Court of Appeal's recent holding in Pebley v. Santa Clara Organics, LLC allows insured plaintiffs to potentially recover the full amount billed for medical...more

A Rare Win for a Medical Testing Patent in Exergen Corporation V. Kaz USA, Inc.

Inventors of methods of medical testing have had a rough time since the Supreme Court decided Mayo Collaborative Services v. Prometheus Labs. Inc. In the Mayo case, the Court considered whether a method of determining whether...more

Top 5 reasons to consider patent litigation in Canada now

by Smart & Biggar on

Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the United States’ market is almost 10 times the size of...more

‘A Primer on Marketing Hydrocarbons’ Presentation

by Jackson Walker on

Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas...more

Comparative Negligence No Longer Bars Plaintiff From Award of Summary Judgment in New York

by K&L Gates LLP on

On April 3, 2018, a sharply divided Court of Appeals ruled that plaintiffs in comparative negligence cases do not need to show they are free of negligence to succeed on a summary judgment motion when determining a defendant’s...more

Read the Fine Print When Using Product Literature for Marking

In the last issue, we discussed patent marking basics and issues related to licensee marking. A recent district court summary judgment decision provides another reminder regarding licensee marking and whether marking product...more

Supreme Court to Address Use of Cy Pres Relief in Class Action Settlements Next Term

The Supreme Court recently granted review in a case that involves whether, or in what circumstances, cy pres relief may be used in class action settlements. ...more

Texas Advanced Optoelectronic (“TAO”) v. Renesas Electronics America (“Intersil”)

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Bryson, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: A plaintiff has no 7th Amendment right to a jury trial for a claim...more

7th Circuit Dismisses Claims of Unfair and Deceptive Business Practices

by Weiner Brodsky Kider PC on

In a recent case, the Seventh Circuit examined what constitutes unfair and deceptive business practices under the Illinois Consumer Fraud and Deceptive Business Practices Act and the Missouri Merchandising Practices Act. The...more

Wal-Mart’s $32.5 Million BACKYARD Brawl

Legal departments sometimes get a bad reputation for saying “no” too often. A “no” from legal is particularly hard to stomach when you think the potential legal risk is farfetched. In this dispute, Wal-Mart must have decided...more

Rx IP Update - April 2018

by Smart & Biggar on

Standing Committee on Health proposes National Pharmacare program, modifications to prescription and generic drug pricing - While common among member countries of the Organisation for Economic Co-operation and Development...more

Supreme Court to Review Use of Charitable Donation to Settle Privacy Claims Against Google

A challenge to the use of a cy pres charitable donations to settle privacy claims against Google will be heard by the Supreme Court. In Frank v. Gaos, petitioners seek reversal of lower court decisions rejecting their...more

Jury Orders U.S. Bancorp to Pay $3 Million to Solutran for Infringing Patents for Paper Check Processing Technology

by Knobbe Martens on

Patent Judgments & Awards - In another win in a string of victories for Solutran, Inc. in its long-running patent dispute with U.S. Bancorp, a jury in the U.S. District Court in Minnesota found that Solutran was entitled...more

Aircraft Lender Not Responsible for Customer’s Structuring Strategy

by Vedder Price on

Most business aircraft purchasers, especially high net worth individuals, rely on advice from their various resources when acquiring such expensive assets. Those resources typically include brokers, OEMs, lawyers,...more

Supreme Court to Decide Permissibility of Cy Pres Awards in Class Action Settlements

by Ballard Spahr LLP on

The U.S. Supreme Court has agreed to decide whether parties to a class action may agree to a settlement that confers cy pres awards upon various nonprofit institutions and organizations, but provides no monetary relief for...more

Metaswitch Networks Ordered to Pay Over $8 Million and Ongoing Royalties to Genband for Voice Over IP Technology

by Knobbe Martens on

Patent Judgments & Awards - On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP...more

Global Transportation Finance Newsletter - April 2018

by Vedder Price on

Aircraft Lender Not Responsible for Customer’s Structuring Strategy - Most business aircraft purchasers, especially high net worth individuals, rely on advice from their various resources when acquiring such expensive...more

Renewed Interest in French Class Actions?

by Jones Day on

The Situation: Class actions (action de groupe) were implemented in France in 2014. Three-and-a-half years after its entry into force, the French class action has not met the expected results. The Result: Only a few class...more

Court of Appeals Rules: What the “Value of His Interest in the Partnership” Means under New York Partnership Law

The New York Court of Appeals, in Congel v. Malfitano, recently ruled that the “Poughkeepsie Galleria Company” (the “Partnership”) was not an at-will partnership and that therefore Defendant Marc Malfitano’s (the “Defendant”)...more

Neither Express Agreement, nor Implied Agreement, Clearly Deprived a Putative Inventor of Standing to Challenge Inventorship of a...

In Gregory C. James v. J2 Cloud Services LLC, [2017-1506] (April 20, 2018), the Federal Circuit reversed the dismissal of James’ claim for correction of inventorship for lack of jurisdiction....more

In Case Alleging Nationwide Pharmacy Fraud, Kmart Scores Narrow Settlement

As described in an April 17, 2018 article originally posted on the Sheppard Mullin Richter and Hampton, LLP False Claims Act Defense Blog, Kmart Corporation and the U.S. Department of Justice entered into a False Claims Act...more

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Cybersecurity

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