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Archive for the ‘Jurisdiction’ Category

USM Judgment Vacated: Tucker Act Forces Move of Trade Secrets Case to Court of Federal Claims

United States Marine Inc. v. United States
By Jonathan Sapp – Edited by Elise Young

The Federal Circuit affirmed the Fifth Circuit’s ruling, transferring a defense contractor’s trade secrets claim to the Court of Federal Claims. In affirming the Fifth Circuit ruling, the court determined that the plaintiff’s case was predicated on a breach of contract claim and relied on the Tucker Act, which gave the Court of Federal Claims exclusive jurisdiction.


Posted On Jul - 29 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Simon Heimowitz

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive


Posted On Jul - 24 - 2013 Comments Off READ FULL POST

Twitter Releases Users’ Identities to French Authorities After Tough Legal Battles
By Michelle Sohn – Edited by Katie Mullen

Twitter, traditionally a stalwart opponent of government surveillance requests, released to French prosecutors the identities of users who had tweeted anti-Semitic comments in violation of France’s hate speech laws. The social media giant’s capitulation follows a series of legal battles over the issue, including a $50 million lawsuit for failing to provide the information.


Posted On Jul - 21 - 2013 1 Comment READ FULL POST

E-book Conspiracy: Apple’s Agreement with Publishers Violates Antitrust Laws

United States v. Apple
By Elise Young – Edited by Gillian Kassner

On July 10, 2013, the Southern District of New York held that Apple played a central role in a conspiracy among major publishers to “eliminate retail price competition” in the e-book market. The court ruled that Apple was per se liable for violating Section 1 of the Sherman Act, finding “overwhelming evidence that the Publisher Defendants joined with each other in a horizontal price-fixing conspiracy” in which “Apple was a knowing and active member.”


Posted On Jul - 21 - 2013 Comments Off READ FULL POST

PTO Reexamination Decision Can Eliminate Cause of Action in Concurrent Litigation

Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz ­– Edited by Jennifer Wong

The Federal Circuit held that a U.S. Patent and Trademark Office reexamination decision, which had invalidated a number of patent claims, had to be given effect in a concurrent infringement suit regarding kidney hemodialysis equipment, effectively leaving Baxter without a cause of action. It vacated and remanded with instructions to dismiss the judgment of the District Court for the Northern District of California against Fresenius.


Posted On Jul - 19 - 2013 Comments Off READ FULL POST
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