District Court Looks Unfavorably Toward Unilateral Contract Amendments through Web Page Updates By Katie Booth – Edited by Esther Kang Roling v. E*Trade Securities, LLC, No. 10-0488 (N.D. Cal. Nov. 11, 2010) Slip Opinion hosted by Scribd.com The U.S. District Court for the Northern District of California held that plaintiffs’ claim that E*TRADE’s brokerage agreement was unconscionable was sufficient to survive a motion to dismiss. E*TRADE could change the terms of the brokerage agreement by posting revised terms on its ... Read More...
Archive for the ‘Jurisdiction’ Category
Federal Appeals Court Affirms the Denial of A123’s Motion to Reopen By Stuart K. Tubis – Edited by Janet Freilich A123 Systems, Inc. v. Hydro-Quebec, No. 2010-1059 (Fed. Cir. Nov. 10, 2010) Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. District Court for the District of Massachusetts, which had denied A123’s motion to reopen and dismissed the court’s declaratory judgment against Hydro-Quebec (“HQ”). The Federal Circuit addressed three major issues in ... Read More...
New York Appellate Court Rejects Demand for Facebook Records By Irina Oberman – Edited by Ian C. Wildgoose Brown McCann v. Harleysville Ins. Co. of N.Y., No. 10-00612, 1179 (N.Y.A.D. 4 Dept. Nov. 12, 2010) Slip Opinion The Appellate Division of the Supreme Court of the State of New York affirmed the Supreme Court’s denial of defendant’s motion to compel disclosure of photographs on Facebook and defendant’s motion for authorizedaccess to plaintiff’s Facebook account. The Supreme Court had ruled that defendant’s first request was “overly broad,” ... Read More...
USPTO Patent Denial Lawsuits Subject to FRE and FRCP By Harry Zhou – Edited by Ian C. Wildgoose Brown Hyatt v. Kappos, No. 07-1066 (Fed. Cir. Nov. 8, 2010) (en banc) Slip Opinion The U.S. Court of Appeals for the Federal Circuit, sitting en banc, vacated and remanded the decision of the U.S. District Court for the District of Columbia, which had ruled that a patent applicant is barred from introducing new facts into evidence in a civil action against the United States Patent and Trademark Office (“USPTO”) brought ... Read More...
Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
