Dr. Dongxiao Yue and Netbula, L.L.C. v. Chordiant Software, Inc. |
Dr. Dongxiao Yue and Netbula, L.L.C. sued Chordiant Software, Inc. on a copyright infringement theory. Twelve witnesses testified in the two-week jury trial, including Dr. Yue, the plaintiff, Steven Springsteel, President and CEO of Chordiant, former and current employees of Chordiant, a representative of a Chordiant customer, and two defense experts, Philip Faillace, Computer Scientist and Presid $1400000 (05-29-2010 - CA) |
Cosmetic Ideas, Inc. v. IAC/Interactive Corp.; Home Shopping Network, Inc.; HNS, L.P.; HSN General Partner, L.L.C. |
Plaintiff-Appellant Cosmetic Ideas, Inc. (“Cosmetic”) appeals the decision of the United States District Court for the Central District of California (“district court”) dismissing its claims against Defendants-Appellees IAC/InteractiveCorp, Home Shopping Network, Inc., HSN LP, and HSN General Partner LLC (collectively, “HSN”) for lack of subject-matter jurisdiction. The district court $0 (05-26-2010 - CA) |
Colleen M. Salinger v. Fredrick Colting a/k/a John David California, Windupbird Publishing, Ltd. |
Defendants-Appellants Fredrik Colting, Windupbird Publishing Ltd., Nicotext A.B., and ABP, Inc. appeal from an order of the United States District Court for the Southern District of New York (Deborah A. Batts, Judge) granting Plaintiff-Appellee J.D. Salinger’s1 motion for a preliminary injunction. The District Court’s judgment is VACATED and REMANDED. |
James G. Herman, et al. v. Pella Products, Inc., et al. |
Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman’s construction company, James G. Herman & Associates, and Pella Products, Inc. (“Pella $0 (04-17-2010 - IL) |
John F. Tamburo v. Steven Dworkin |
John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He $0 (04-08-2010 - IL) |
Hyundai Motor America v. National Union Fire Insurance Company of Pittsburgh |
After Plaintiff Hyundai Motor America (“Hyundai”) placed certain features on its website, a third party sued Hyundai for patent infringement. Hyundai sought a defense from its liability insurers, Defendants National Union Fire Insurance Company of Pittsburgh and American Home Assurance Company. |
JustMed, Inc. v. Michael Byce |
At the heart of this case is a dispute over whether a small technology start-up company owns the source code developed for its product. Its informal employment practices raise questions as to whether defendant-appellant Michael Byce was an employee when he developed the source code. After a bench trial, the district court entered judgment and ordered a permanent injunction against Byce, in favor o $0 (04-08-2010 - cA) |
SCO Group v. Novell, Inc. |
SCO Group sued Novell, Inc. on a copyright infringement theory claiming that SCO purchased the rights to the Unix operating system from Santa Cruz Operations which Plaintiff claimed it purchased from Novell in 1995. SCO sought damages of $215 million from Novell. It claimed that IBM and Novell had worked together against SCO. |
Russian Media Group, LLC v. Cable America Inc. and Shai Harmelech and USA Satellite & Cable, Inc. |
For nearly ten years, plaintiff Russian Media Group, LLC has battled in court with defendant Shai Harmelech and his companies, charging that Harmelech pirated Russian-language satellite televi2 sion programming to enable him to compete unfairly against RMG’s legitimate business. The district court found RMG’s complaints justified and enjoined Harmelech and the other defendants from distributin $0 (03-10-2010 - ) |
ResQNet.com, Inc. v. Lansa, Inc. |
The United States District Court for the Southern District of New York ruled that U.S. Patent No. 6,295,075 (the ’075 patent), owned by ResQNet.com, Inc., is valid and is infringed by Lansa, Inc. The district court also ruled that ResQNet’s U.S. Patent No. 5,831,608 (the ’608 patent) is not infringed. The court awarded damages of $506,305 for past infringement based on a hypothetical royalty $0 (03-02-2010 - ) |
Maverick Recording Company v. Whitney Harper |
Ruling on cross-motions for summary judgment, the district court found that appellant Whitney Harper infringed copyrights held by a consortium of record companies in 37 sound recordings. It also found that whether Harper was an “innocent infringer” under 17 U.S.C. § 504(c)(2) was a question for the jury. On Plaintiffs’ motion, the court entered a final judgment against Harper in the amount $0 (02-26-2010 - TX) |
Barbara Ernster v. Luxco, Inc. |
Barbara Ernster sued Luxco, Inc., alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code Ann. Ch. 216. After denying Luxco summary judgment on the threshold issue of whether Ernster was an employee or an independent contractor, the district court1 ordered a jury trial of that issue. $0 (02-24-2010 - IA) |
Wayne Talley, v. United States Department of Agriculture, |
Any “person” who willfully or negligently fails to comply with the Fair Credit Reporting Act is liable for damages. 15 U.S.C. §§ 1681n(a), 1681o(a). One of the Act’s requirements is that lenders report borrowers’ payment history accurately to credit agencies. 15 U.S.C. §1681s–2. The Department of Agriculture violated that requirement by reporting that Wayne Talley is behind on a loan $0 (02-12-2010 - ) |
Massachusetts Museum of Contemporary Art Foundation Inc. v. Christopher Buchel |
Geoff Edgers, Dismantled, The Boston Globe, Oct. 21, 2007, at 1N. Artist Christoph Büchel conceived of an ambitious, football-field-sized art installation entitled "Training Ground for Democracy," which was to be exhibited at the Massachusetts Museum of Contemporary Art ("MASS MoCA," or "the Museum"). Unfortunately, the parties never memorialized the terms of their relationship or their understan $0 (01-28-2010 - MA) |
Multimatic, Inc. v. Faurecia Interior Systems USA, Inc. |
Faurecia Interior Systems USA appeals (1) the district court’s summary judgment decision that it breached a confidentiality agreement with Multimatic and (2) the jury’s $10 million damage award. Multimatic cross-appeals the district court’s exclusion of its damages expert, who claimed Multimatic suffered an additional $28.7 million in damages. Because the district court properly granted summ $0 (12-22-2009 - MI) |
Apple, Inc. v. Psystar Corporation |
ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT |
Daniel P. Schrock v. Learning Curse International, inc., RC2 Brands, Inc. and HIT Entertainment |
HIT Entertainment (“HIT”) owns the copyright to the popular “Thomas & Friends” train characters, and it licensed Learning Curve International (“Learning Curve”) to make toy figures of its characters. Learning Curve in turn hired Daniel Schrock, a professional photographer, to take pictures of the toys for promotional materials. Learning Curve used Schrock’s services on a regular basi $0 (11-05-2009 - IL) |
Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc. and Kremers Urban, LLC |
The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax $0 (10-29-2009 - ) |
Bridgeport Music, Inc. and Southfield Music, Inc. v. UMG Recordings, Inc. and University Music Investments, Inc. |
This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,” seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se $0 (11-06-2009 - TN) |
Super Duper Inc., dba Super Duper Publications v. Pennsylvania National Mutual Casualty Insurance Company, The Travelers Indemnity Company of America, and Travelers Property Casualty Company of America |
The United States District Court for the District of South Carolina presents certified questions concerning commercial general liability (CGL) insurance policies. We are asked, as an issue of first impression in South Carolina, whether the respective policies’ inclusion of an advertising injury may encompass trademark infringement. Generally, based on the policy terms before us, we answer in t $0 (09-14-2009 - SC) |
Loril Bryden v. Lackside Ventures, LLC |
¶1 Lori Bryden (Bryden) filed suit in the Eleventh Judicial District, Flathead County, after her termination from the Homestead Café Bar and Casino (Homestead Café). The Homestead Café serves as the principal business of Lakeside Ventures, L.L.C., (Lakeside). |
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. |
The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (“’730 patent”), No. 6,503,705 (“’705 patent”), and No. 7,129,041 (“’041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (“Invalidity Opinion”). Ro $0 (10-05-2009 - CA) |
Cincom Systems, Inc. v. Novelis Corp. |
Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. (“Cincom”), on its claim of copyright infringement. See 17 U.S.C. § 501. Novelis argues that the district court erred by concluding that a series of mergers Novelis underwent as part of an internal corporate restructuring resulted in a prohibited transfer of the software $0 (09-25-2009 - OH) |
Wounder Warrior Project, Inc. v. Wounded Warriors Family Support |
Wounded Warrior Project, Inc. ("WWP") sued Wounded Warriors Family Support on a copyright violation theory claiming that defendant wrongfully infringed its copyright on Lanham Act and Nebraska's Consumer Protection Act violation theories claiming that defendant's use of a similar name was intended to confuse the public. $1725000 (09-26-2009 - NE) |
Art Attacks, Ink, LLC v. MGA Entertainment, Inc.; Isaac Larian |
Art Attacks Ink, LLC (“Art Attacks”) brought suit against MGA Entertainment Inc. (“MGA”), alleging copyright, trademark, and trade dress infringement. A jury found for MGA on the trademark claim, but could not reach a verdict on the remaining claims. MGA then moved for judgment as a matter of law under Federal Rule of Civil Procedure 50(b). The district court granted the motion and Art Att $0 (09-18-2009 - CA) |
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