orphan date December 2011 Infobox Court Case name Diversified ProductsCorp. v. Tye Sil Corp. court Federal Court of Appeal Canada Federal Court of Appeal image imagesize imagelink imagealt caption full name date decided February 7, 1991 citations 1991 F.C.J. No. 124, 35 C.P.R. 3d 350 transcripts judges Pratte, Marceau, and D cary JJ.A. prior actions subsequent actions opinions D cary J.A., concurrence by Marceau J.A. keywords Patent, Presumption of Validity, Anticipation, Obviousness Diversified ProductsCorp. v. Tye Sil Corp. is a Canadian Federal Court of Appeal Canada Federal Court of Appeal decision concerning the presumption of validity in Canadian patent law and novelty. Presumption of validity The Court of Appeal considered the effect of the presumption of validity of a registered patent. Section 45 of the Patent Act provides that a patent granted under the Act is valid in the absence of any evidence to the contrary . The trial judge had adopted a high standard for rebutting the presumption, where the onus to disprove the presumption is not an easy one to discharge . D cary J.A., for the Court, rejected this approach. The Court of Appeal concluded that the presumption of validity merely gives rise to an evidentiary burden on a balance of probabilities. Novelty The Court of Appeal cited with approval jurisprudence that stands for the proposition that an impractical and inoperable device cannot be an anticipation . The invention dealt with a conventional rowing machine usable in an upright position. The Court found that the prior art, which was an exercise machine, was impracticable and inoperable in the vertical position. Consequently, the patent was not anticipated. Non obviousness The Court further determined that the invention was not obvious. See also Presumption of validity in Canadian patent law Novelty and non obviousness in Canadian patent law Category Federal Court of Canada Category Canadian patent case law ... more details
ElectronicProducts is an electronic component and technology trade magazine published by Hearst Corporation Hearst Business Media serving the electronic design community. Reaching over 120,000 electronic engineers EEs and others in the trade across the United States in print and over twice that number online worldwide, ElectronicProducts is one of the leading trade publications in its category. ElectronicProducts editorial sections provide information on new products from the smallest capacitor to the brightest light emitting diode LED . In addition, featured articles range from selecting the best components to fill an application need to the latest in developing electronics technology. The editorial is rounded out with application specific product sections and transcripts of discussion roundtables on subjects from medical to military electronics. External links http www.electronicproducts.com ElectronicProducts web site Hearst Category Professional and trade magazines sci mag stub trade mag stub ... more details
SCOTUSCase Litigants Eastern Associated Coal Corp. v. Mine Workers ArgueDate October 2 ArgueYear 2000 DecideDate November 28 DecideYear 2000 FullName Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, et al. USVol 531 USPage 57 Citation 121 S. Ct. 462 148 L. Ed. 2d 354 2000 U.S. LEXIS 8083 16 I.E.R. Cas. BNA 1633 165 L.R.R.M. 2865 14 Fla. L. Weekly Fed. S 15 Prior On writ of certiorari to the United States Court of Appeals for the Fourth Circuit Subsequent Holding SCOTUS 1994 2005 Majority Breyer JoinMajority Rehnquist, Stevens, O Connor, Kennedy, Souter, Ginsburg Concurrence Scalia JoinConcurrence Thomas LawsApplied Eastern Associated Coal Corp. v. Mine Workers , 531 U.S. 57 2000 ref http caselaw.lp.findlaw.com scripts getcase.pl?navby CASE&court US&vol 531&page 57 531 U.S. 57 Full text of the opinion courtesy of Findlaw.com. ref , was a case in which the Supreme Court of the United States ruled that public policy considerations do not require courts to refuse to enforce an arbitration award ordering an employer to reinstate an employee truck driver who twice tested positive for marijuana . See also List of United States Supreme Court cases, volume 531 List of United States Supreme Court cases References references Category United States Supreme Court cases Category United States labor case law Category United Mine Workers of America Category United States arbitration case law Category 2000 in United States case law SCOTUS case stub ... more details
SCOTUSCase Litigants Sony Corp. of Americav. Universal City Studios, Inc. ArgueDate January 18 ArgueYear 1983 ReargueDate October 3 ReargueYear 1983 DecideDate January 17 DecideYear 1984 FullName Sony Corporation of America et al. v. Universal City Studios, Inc., et al. USVol 464 USPage 417 Citation 104 S. Ct. 774 78 L. Ed. 2d 574 1984 U.S. LEXIS 19 52 U.S.L.W. 4090 220 U.S.P.Q. BNA 665 224 U.S.P.Q. BNA 736 55 Rad. Reg. 2d P & F 156 Prior Unfair competition claims dismissed, 429 Federal Supplement F. Supp. 407 United States District Court for the Central District of California C.D. Cal. 1977 judgment for defendants, 480 F. Supp. 429 C.D. Cal. 1979 affirmed in part, reversed in part and remanded, 659 Federal Reporter Federal Reporter, Second Series F.2d 963 United States Court of Appeals for the Ninth Circuit 9th Cir. 1981 rehearing denied, 9th Circuit, 1982 certiorari cert. granted, 457 U.S. 1116 1982 reargument scheduled, 463 U.S. 1226 1983 Subsequent Rehearing denied, 465 U.S. 1112 1984 ... Act of 1976 Italic title force true Sony Corp. of Americav. Universal City Studios, Inc. , case ... 2003 month title Is Betamax Obsolete Sony Corp. of Americav. Universal City Studios, Inc. in the Age ... inline Sony Corp. of Americav. Universal City Studios, Inc. http www.law.cornell.edu copyright cases 464 US 417.htm Sony Corp. of Americav. Universal City Studios, Inc., 464 U.S. 417 1984 opinion full text . http www.oyez.org cases 1980 1989 1982 1982 81 1687 Oyez summary DEFAULTSORT Sony Corp. Of AmericaV. Universal City Studios, Inc. Category United States Supreme Court cases Category .... Surely Congress desired to prevent the sale of products that are used almost exclusively to infringe ... Pamela Samuelson authorlink Pamela Samuelson title The Generativity Of Sony v. Universal The Intellectual ... cases, particularly in light of recent peer to peer lawsuits for example, in A&M Records, Inc. v .... In August 2004, in the case of MGM Studios, Inc. v. Grokster, Ltd. , ref http techlawadvisor.com ... more details
Infobox Court Case name Rolled Steel Ltd v British Steel Corp court Court of Appeal image caption date decided full name citations 1985 Ch 246 judges prior actions subsequent actions opinions Browne Wilkinson LJ, Slade LJ transcripts keywords Authority, ultra vires, proper purposes Rolled Steel Products Holdings Ltd v British Steel Corp 1985 Ch 246 is a UK company law case, concerning the enforceability of obligations against a company. Facts Rolled Steel Products Ltd gave security to guarantee the debts of a company called SSS Ltd to British Steel . This was a purpose that did not benefit Rolled Steel Products Ltd. Moreover, Rolled Steel s director, Mr Shenkman was interested in SSS Ltd he had personally guaranteed a debt to British Steel s subsidiary David Colville & Sons Colvilles , which SSS Ltd owed money to . The company was empowered to grant guarantees under its articles but approval of the deal was irregular because Mr Shenkman s personal interest meant his vote should not have counted for the quorum at the meeting approving the guarantee. The shareholders knew of the irregularity, and so did British Steel. Rolled Steel Products wanted to get out of the guarantee, and was arguing it was unenforceable either because it was ultra vires, or because the guarantee had been created without proper authority. At first instance Vinelott J held British Steel s knowledge of the irregularity rendered the guarantee ultra vires, void and incapable of validation with the members consent. ref 1982 Ch 478 ref British Steel appealed. Judgment The Court of Appeal held that the transaction was not ultra vires and void. Simply because a transaction is entered for an improper purpose does ... in In re David Payne & Co Ltd 1904 2 Ch 608 and Charterbridge Corporation Ltd v Lloyds Bank Ltd ... Law Directive 68 151 EEC Hartog v Colin & Shields 1939 3 All ER 566 Howard v Patent Ivory Manufacturing Co 1888 38 Ch D 156 Morris v Kanssen 1946 AC 459, a presumption of irregularity cannot be relied ... more details
Cleanup date July 2009 Orphan date July 2009 AmericaTang is a business entrepreneur, a singer and a philanthropist. She is currently the CEO of Ace Fence Company, a Specialty Construction Company located in the City of Industry, California , which fabricates and installs chain link fencing and ornamental iron fencing for public works construction. Ace Fence Co. has been in existence since 1949. AmericaTang purchased this company from the retiring former owner and has been the CEO since 1988. Ace Fence Company is listed on the Top 100 Women Owned Businesses in the Los Angeles County, since 1990. Biography AmericaTang was born in Lima, Peru . She is from Chinese descend, both of her parents came from Guangdong, China . At the age of 14, she moved with her family to Madrid, Spain where she finished her High School and started her first year at the Universidad Aut noma de Madrid. Her family moved again in 1974 to Los Angeles, California . She finished her studies at Cal State Los Angeles , majoring in International Business. In 1982, she established Handfore Realty in the City of Monterey Park, a Real Estate company that exists to date. In the heights of the Real Estate business, she was the Broker and Manager for over 80 Real Estate Sales Agents. In 2005, she obtained a Real Estate Broker s License in Arizona, Utah and Colorado and established New Age Realty which operates in all those three States. In 2008, AmericaTang recorded her own CD of music titled In My Life. All the original ... non profit organization Lending Hope Foundation. AmericaTang is the Founder and CEO of Lending Hope .... References http goliath.ecnext.com coms2 gi 0199 1322582 Barrier buster AmericaTang and.html Los ... www.neighborcity.com UT ... agent... 5053 AmericaTang Persondata NAME Tang, America ALTERNATIVE NAMES ... Tang, America Category Living people ... Maria Lonetti, Peru Mujer, in Lima, Peru Radio America AM 780, program of Wernie Vasquez, Rescate ... more details
SCOTUSCase Litigants Jewell Ridge Coal Corp. v. United Mine Workers of America ArgueDate March 9 ArgueYear 1945 DecideDate May 7 DecideYear 1945 FullName Jewell Ridge Coal Corporation v. Local No. 6167, United Mine Workers Of America, et al. USVol 325 USPage 161 Citation 325 U.S. 161, 65 S.Ct. 1063, 89 L.Ed. 1534 Prior Certiorari to the United States Circuit Court of Appeals of the Fourth Circuit. 145 F.2d 10 Subsequent Petition for rehearing denied on June 18, 1945. 325 U.S. 897 Holding The underground travel time of coal miners was considered compensable work time under 7 a of the Fair Labor Standards Act of 1938, 29 U.S.C. 207 a . SCOTUS 1943 1945 Majority Murphy JoinMajority Black, Reed, Douglas, Rutledge Dissent Jackson JoinDissent Stone, Roberts, Frankfurter LawsApplied Fair Labor Standards Act , 7 a , 29 U.S.C. 207 a Jewell Ridge Coal Corp. v. United Mine Workers of America , Case citation 325 U.S. 161 1945 was a case decided by the Supreme Court of the United States dealing with the compensation of mine workers for time spent traveling to work sites while underground. The employer, Jewell Ridge, sought declaratory judgment against its employee s trade union union to determine whether the time spent traveling underground by the coal miners between the portals of the employer s two bituminous coal mines and the working faces was included in the compensable workweek under 7 of the Fair Labor Standards Act of 1938, 29 U.S.C. 207 a . Note The Fair Labor Standards Act is now Chapter 8 of Title 29 of the United States Code , abbreviated as 8 of 29 U.S.C. Majority Opinion In an opinion authored by Justice Frank Murphy , the U.S. Supreme Court Supreme Court affirmed the appellate ... v. United Mine Workers of America http caselaw.lp.findlaw.com scripts getcase.pl?navby CASE&court US&vol ... elements of work established in Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123 1944 ... United Mine Workers of America ... more details
On March 30, 2010, three female employees launched a class action gender discrimination lawsuit against Bank of America and Merrill Lynch . External links http www.marketwatch.com story women employees sue bank of america and merrill lynch for alleged sex discrimination 2010 03 30 Women Employees Sue Bank of America and Merrill Lynch for Alleged Sex Discrimination MarketWatch http www.bofagenderlawsuit.com ?gclid CKnKy4fJxaECFZLV5wodSh0l Q Bank of America and Merrill Lynch Sex Discrimination Class Action Lawsuit http dockets.justia.com docket court nysdce case no 1 2009cv02674 case id 342684 Calibuso v. Bank of America Corporation et al Justia Dockets & Filings http www.lieffcabraser.com press releases 20100330 bofa gender.php Women Employees Sue Bank of America and Merrill Lynch for Sex Discrimination http www.lexisnexis.com Community emergingissues blogs mealeys archive 2010 04 02 female financial advisers accuse bank of america of gender discrimination.aspx Emerging Issues Law Community LexisNexis Category Class action lawsuits Category Gender equality ... more details
Infobox COA case Litigants Eltra Corporation v. Barbara A. Ringer Court United States Court of Appeals, Fourth Circuit CourtSeal File US CourtOfAppeals 4thCircuit Seal.png 146px ArgueDate June 14 ArgueYear 1978 DecideDate June 14 DecideYear 1978 FullName Eltra Corp. v. Barbara A. Ringer, International Typographic Composition Association and Advertising Typographers Association of America, Inc. Citations http scholar.google.com scholar case?case 11934981882199224096&hl en&as sdt 2&as vis 1&oi scholarr 579 F.2d 294 Prior Appeal from The U.S. District Court for the Eastern District of Virginia.. Holding Found that typefaces were not protectable expression. Judges Harrison Lee Winter , Donald S. Russell , Hiram Emory Widener, Jr. Majority LawsApplied Keywords Typeface, United states copyright law Eltra Corp. v. Ringer was a case in the United States Court of Appeals for the Fourth Circuit which determined that typefaces were not eligible for protection under U.S. copyright law . The United States Copyright Office had refused to register a typeface design owned by Eltra Corporation , who filed suit in the U.S. District Court for the Eastern District of Virginia . The district court held that the design submitted did not qualify as a work of art under the 1909 Copyright Act . The appellate court affirmed this decision. External links http www.sanskritweb.net forgers eltra.pdf text of the Fourth Circuit opinion Category United States copyright case law Category Typography Category 1978 in United States case law Typography stub ... more details
Infobox SCOTUS case Litigants Copperweld v. Independence Tube ArgueDate December 5 ArgueYear 1983 ReargueDate ReargueYear DecideDate June 19 DecideYear 1984 FullName Copperweld Corp. v. Independence Tube Corp. Citation USVol 467 USPage 752 Prior Subsequent Holding A parent company and its wholly owned subsidiary are incapable of conspiracy as defined by the Sherman Act. SCOTUS 1984 Majority Burger JoinMajority 5 LawsApplied Sherman Act Copperweld Corp. v. Independence Tube Corp. , 467 U.S. 752, 777 1984 ref cite web url http scholar.google.com scholar case?case 13539919251776882734&hl en&as sdt 2&as vis 1&oi scholarr title Copperweld Corp. v. Independence Tube Corp., 467 US 752 Supreme Court 1984 publisher Google Scholar accessdate 2011 07 11 ref , was a major U.S. Supreme Court antitrust case that held that a parent company is incapable of conspiring with its wholly owned subsidiary for purposes of Section 1 of the Sherman Act because they cannot be considered separate economic entities. Section 1 of the Sherman Act states that Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. However, for a condition of conspiracy to exist, there must be at least two parties involved. Copperweld held that separate Incorporation business incorporation was not enough to render a parent and its subsidiary capable of conspiring, since forcibly the economic interests of a wholly owned subsidiary must be those of its parent. It does not apply to partially owned subsidiaries. ref Columbia Law Review, Vol. 86, No. 1, Jan., 1986 ref SCOTUS stub References reflist Category Anti competitive behaviour Category United States Supreme Court cases ... more details
SCOTUSCase Litigants Celotex Corp. v. Catrett ArgueDate April 1 ArgueYear 1986 DecideDate June 25 DecideYear 1986 FullName Celotex Corporation v. Catrett, Administratrix of the Estate of Catrett USVol 477 USPage 317 Citation 106 S. Ct. 2548 91 L. Ed. 2d 265 1986 U.S. LEXIS 118 54 U.S.L.W. 4775 4 Fed. R. Serv. 3d Callaghan 1024 Prior Cert. to the United States Court of Appeals for the District of Columbia Circuit Subsequent Holding A party moving for summary judgment need only show that the opposing party lacks evidence sufficient to support its case. SCOTUS 1981 1986 Majority Rehnquist JoinMajority Marshall, Powell, O Connor Concurrence White Dissent Brennan JoinDissent Burger, Blackmun Dissent2 Stevens LawsApplied Rule 56 e of the Federal Rules of Civil Procedure Celotex Corp. v. Catrett , 477 ... ussc 477 317 1986 Full text opinion from Findlaw.com http www.celotex.co.uk Celotex Corp. Website http www.lawnix.com cases celotex catrett.html Case Brief for Celotex Corp. v. Catrett Category United ... States case law DEFAULTSORT Celotex Corp. V. Catrett ... was proper because Catrett had failed to produce evidence that any of Celotex s products were the proximate ... to Celotex s products. Cartrett then sought to enter into evidence three documents a transcript of a deposition ... to Celotex s asbestos products in Chicago during 1970 1971. Celotex objected to the evidence, arguing ... the case. Issues The issue of this case was whether petitioner defendant Celotex Corp. s attempted ... party movant to the respondent facially challenging Adickes v. S.H. Kress Co. , though the Court ... of evidence . Respondent plaintiff had argued that Celotex Corp. s motion for summary judgment ... of appeals reversed the decision to grant summary judgment for Celotex Corp., but the Supreme ... is not required specifically to negate any aspects of his opponent s claims. ref Celotex Corp. v. Catrett, 477 U.S. 317, 323 1986 ref References reflist See also List of United States Supreme ... more details
and protected which is what Lloyd Corp. v. Tanner signified. The Founding Fathers of America certainly ... Dissent JoinDissent Dissent2 JoinDissent2 LawsApplied In the Supreme Court Case Lloyd Corp. v. Tanner ... At Any Time. Lloyd Corporation, Ltd. ref name Lloyd cite web title LLOYD CORP., LTD. v. TANNER ... name Corp. cite web title LLOYD CORP., LTD. url http scholar.google.com scholar case?case 12048209321052031169&q lloyd corp. v. tanner overview&hl en&as sdt 2,22&as vis 1 accessdate 2 November 2011 ... not constitutionally exclude respondents in America, the writer for the majority, Justice Thurgood Marshall , agreed with Donald Tanner ref name CHADGEFBA cite web title Lloyd Corp. v. Tanner, 407 U.S. ... profit. It permitted the American Legion to sell products for at least once a year, and every year before Christmas, it permitted bell ringers for the Salvation Army and Volunteers of America to set up ... of handbills within the Mall violates . . . First Amendment rights. ref name Corp. The Court ... that the decisions of the Court Case Marsh v. Alabama compelled affirmance. ref name Alabama cite web title Marsh v Alabama url http scholar.google.com scholar case?case 7287882985401537921 ... information is uncensored. ref name Tanner cite web title Tanner v. Lloyd url http 174.123.24.242 ... ET AL. v. LOGAN VALLEY PLAZA, INC., ET AL. url http law2.umkc.edu faculty projects ftrials conlaw logan.html ... Corp. respondent s message was directed to all members of the public, the Court concluded that the respondents ... permits the Salvation Army , the Volunteers of America , and the American Legion to solicit funds in the Mall ... more details
Rogers Brown bgcolor FFD700 Laws applied Intel Corp. v. Hamidi , 30 Cal. 4th 1342 2003 , is a decision ..., the possession or value of personal property. ref Intel Corp. v. Hamidi, 30 Cal. 4th 1342, 1347 ... renamed Former And Current Employees of Intel FACE Intel . ref Intel Corp. v. Hamidi, 30 Cal. 4th 1342 ... Intel Corp. v. Hamidi, 30 Cal. 4th 1342 2003 ref br Although some of the e mails were blocked by Intel ... Intel from sending unsolicited e mails to the company. ref Intel Corp. v. Hamidi, 30 Cal. 4th 1342, 1347 ... V. Kouroush Kenneth Hamidi and FACE Intel, No. 98AS05067 Superior Court of the State of California ... to injunctive relief based on a theory of trespass to chattels. ref Intel Corporation V. Kouroush ... not apply to electronic communications that neither damage nor impair the function of the recipient ... that this did not give electronic communications any special immunity, and that like other forms ... more details
SCCInfoBox case name Robertson v. Thomson Corp. full case name Heather Robertson v. Thomson Corp. heard date December 6, 2005 decided date October 12, 2006 citations 2006 SCC 43 history Judgment for Thomson at Ont. C.A. 2004 , 72 O.R. 3d 481 ruling Robertson appeal dismissed. Cross appeal allowed on CD Rom issue. ratio SCC 2006 Majority LeBel and Fish JJ. JoinMajority Bastarache, Deschamps and Rothstein JJ. Concurrence Dissent Abella J. JoinConcurrence Dissent McLachlin C.J. and Binnie and Charron JJ. LawsApplied NotParticipating Robertson v. Thomson Corp. , lexum scc3 2006 43 2 363 is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases. The ruling held that though a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it could not publish the articles within a database. Publication within the database would remove the articles from the context of the collective work and were therefore their publication as such was not within the rights held by the newspaper. Background In 1995, Heather Robertson , a freelance writer, wrote two articles that were published in the print edition of the Globe and Mail . Later, the newspaper placed copies of her articles in three databases, including Info Globe Online, an online database of Globe and Mail articles, as well as the Canadian Periodical Index. The databases did not contain many aspects of the print version of the Globe ... article in the electronic databases need to be in writing? Does Robertson have standing to assert a claim on behalf of employees of the Globe ? On the cross appeal Whether the electronic databases ... of works that contained them. As a result, the issue became whether the electronic databases were .... v. Tasini Tasini that the databases were not a reproduction of the original collected work. The Court ... also New York Times Co. v. Tasini a similar US case List of Supreme Court of Canada cases McLachlin ... more details
Infobox company name Fujitsu Computer Products of America, Inc. logo caption type genre fate predecessor successor foundation founder defunct location city Sunnyvale, California Sunnyvale , California location country United States location locations area served key people industry products production services revenue operating income net income aum assets equity owner num employees more than 150 parent divisions subsid homepage http www.fujitsu.com us about platforms fcpa footnotes intl Fujitsu Computer Products of America, Inc. FCPA Fujitsu Computer Products of America, Inc. is a subsidiary of Fujitsu Limited, the worlds third largest IT products and services provider. FCPA designs, develops, and manufactures innovative computer products for the global marketplace. Current product and service offerings include high performance hard disk drives, scanners and scanner maintenance, palm vein recognition technology, and 10Gb Ethernet switches and degaussers. FCPA is headquartered in Sunnyvale, California Sunnyvale , California , United States. The company is responsible for design and development, distribution, sales and marketing, finance and administration, and engineering and technical support for the Fujitsu document imaging scanner business and computing and storage products. The company claims to have a 55 percent market share in the U.S. of the 20 to 49 pages per minute, high performance scanner market. ref Official http www.fujitsu.com us about platforms fcpa ref List of FCPA product groups ScanSnap scanners Workgroup scanners Departmental scanners Production scanners Network scanners Enterprise Hard Drives Enterprise Networking Advanced Security Devices Fujitsu sold its Enterprise Hard Disk Drive business to Toshiba as of October 1st, 2009. ref http www.fujitsu.com global services computing storage hdd ref References Reflist cite news url http www.accessmylibrary.com ... apps. Mustek Inc., Fujitsu Computer Products of America Inc. last Rothenberg first Matthew date ... more details
orphan date October 2010 Infobox COA case Litigants FUJIFILM CORP. V. BENUN Court United States Court of Appeals for the Federal Circuit CourtSeal File US CourtOfAppeals FederalCircuit Seal.svg 180px ArgueDate ArgueYear DecideDate May 27 DecideYear 2010 FullName Fujifilm Corporation, Plaintiff Appellee, v. Jack C. Benun,and Jazz Products LLC, Polytech Enterprises LTD,and Polytech Shenzhen Camera Co. LTD., Defendant Appellant Citations 605 F.3d 1366 Fed. Cir. 2010 Prior Case No. 2 05 CV 1863 United States District Court for the District of New Jersey 2009 finding that that defendants infringed patents owned by Fujifilm Corporation Subsequent Holding The judgment of the United States District Court for the District of New Jersey that the defendants infringed patents owned by Fujifilm Corporation is affirmed. Judges Michel, Mayer, and Linn Majority JoinMajority Concurrence JoinConcurrence Dissent Dissent2 Dissent3 LawsApplied Fujifilm Corpv. Benun , Case citation 605 F.3d 1366 Fed. Cir. 2010 ref name case was a case in which the United States Court of Appeals for the Federal Circuit affirmed the judgment made by the United States District Court for the District of New Jersey that the defendants ... Briefing Patent Litigation June 2010.pdf Patent Law Update Fujifim Corpv. Benun, Federal Circuit Rejects ... name case Fujifilm Corpv. Benun , http www.finnegan.com files Publication a7923b45 8805 48a2 995d ... the subsequent resale or use of the item sold. ref name scotusdocket Benun v. Fujifilm Corp. , no. 10 ... that refurbished LFFPs originally sold by Fujifilm outside the US. Defendant Jazz Products LLC ... Products purchased about 1.4 millon LFFPs made by Polytech and re imported them into the US. In 2006 ... 27 10.pdf 605 F.3d 1366 Fed. Cir., 2010 . ref Territoriality Requirement In Quanta Computer, Inc. v ... Related Cases Quanta Computer, Inc. v. LG Electronics , http www.supremecourt.gov opinions 07pdf 06 937.pdf. 128 S. Ct. 2109 Supreme Court 2008 . Omega v. Costco , http caselaw.findlaw.com us 9th circuit ... more details
Infobox COA case Litigants Comcast Corp. v. FCC Court United States Court of Appeals for the District of Columbia CourtSeal File DC Cir seal.gif ArgueDate January 8 ArgueYear 2010 DecideDate April 6 DecideYear 2010 FullName Comcast Comcast Corporation v. Federal Communications Commission and United States of America Citations http scholar.google.com scholar case?case 12158705661002658248 600 F. 3d 642 Holding The FCC does not have ancillary jurisdiction over Comcast s Internet service under the language of the Communications Act of 1934. Judges Chief Judge David B. Sentelle Circuit Judges Arthur Raymond Randolph and David S. Tatel Majority Judge Tatel JoinMajority Chief Judge Sentelle and Judge Randolph Comcast Corp. v. FCC , ref name Opinion cite web url http www.cadc.uscourts.gov internet opinions.nsf EA10373FA9C20DEA85257807005BD63F file 08 1291 1238302.pdf title Comcast Corp. v. FCC , 600 F.3d 642 author Circuit Judge Tatel authorlink David S. Tatel publisher United States Court of Appeals ... for the District of Columbia Circuit, which was the same court that heard Comcast Corp. v. FCC, to overturn ... Corp. v. FCC Category Federal Communications Commission Category 2010 in United States case law ... Ass n v. FCC ref name LibraryOpinion cite web url http www.cadc.uscourts.gov internet opinions.nsf F05B877CE3D1CB7C8525742B0055410D file 04 1037b.pdf title Am. Library Ass n v. FCC , 406 F.3d 689 ... v. FCC ref name Comcastcomment cite web url http www.comcast.com About PressRelease PressReleaseDetail.ashx?PRID 984 title Comcast Statement on U.S. Court of Appeals Decision on Comcast v. FCC date ... regarding the Comcast v. FCC decision Quote box title quote The FCC is firmly committed to promoting ... for achieving this important end. source FCC Statement on Comcast v. FCC Decision ref name FCCcomment ... on Comcast v. FCC Decision date Apr. 6, 2010 format pdf ref align left width border 0.8px fontsize ... v. FCC Ancillary Jurisdiction Has to Be Ancillary to Something 2010 http gigaom.com 2010 04 06 did ... more details
Infobox SCOTUS case Litigants DaimlerChrysler Corp. v. Cuno ArgueDate March 1 ArgueYear 2006 DecideDate May 15 DecideYear 2006 FullName DaimlerChrysler Corporation v. Charlotte Cuno, et al. USVol 547 USPage 332 Citation 126 S. Ct. 1854 164 L. Ed. 2d 589 2006 U.S. LEXIS 3956 74 U.S.L.W. 4233 06 Cal. Daily Op. Serv. 3931 2006 Daily Journal D.A.R. 5770 19 Fla. L. Weekly Fed. S 185 Docket 04 1704 OralArgument http www.oyez.org cases 2000 2009 2005 2005 04 1704 argument Prior Motion to dismiss granted ... Article Three of the United States Constitution U.S. Const. art. III DaimlerChrysler Corp. v ... to challenge the investment tax credit in federal court. ref DaimlerChrysler Corp. v. Cuno , 126 S. Ct. 36 2005 Wilkins v. Cuno , 126 S. Ct. 36 2005 . ref The Court unanimously vacated the Sixth ... the early 1990s, ref See, e.g., Simon v. Eastern Ky. Welfare Rights Organization , 426 U.S. 26 1976 Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. , 454 ... Corp. V. Cuno Category United States Supreme Court cases Category United States Supreme ... municipal taxpayer standing rule articulated in Massachusetts v. Mellon , 262 U.S. 447 1923 . ref http www.law.cornell.edu supct cgi get us cite?262 447 Full text of Massachusetts v. Mellon ... the defendants motion to dismiss motions to dismiss . ref Cuno v. DaimlerChrysler, Inc. , 154 ... in part, and reversed as to the claims regarding the investment tax credit. ref Cuno v. Daimler ... applied with equal force to state taxpayers, as a prior case had indicated. ref Doremus v. Board ... way in common with people generally. ref Lujan v. Defenders of Wildlife , 504 U.S. 555, 560 1992 ..., as an analogy to the Establishment Clause taxation challenge the Court had permitted in Flast v ... v. Cohen , 392.U.S. 83 1968 at supreme.justia.com. The Taxing and Spending Clause is at Article One ... Allen v. Wright , 468 U.S. 737 1984 http supreme.justia.com us 468 737 case.html full text Lujan v. Defenders ... more details
, killing two, and captured and tortured a fifth. ref name Bowoto v. Chevron Texaco Corp 2004 Bowoto v. Chevron Texaco Corp. , 312 F. Supp. 2d 1229 N.D. Cal. 2004 . ref Chevron claimed the protesters .... ref http www.earthrights.org legaldocs current federal complaint.html See Bowoto v. Chevron Corp. Complaint ... v. Chevron Texaco Corp 2004 It was not until June 2005 that the plaintiffs and the court learned ... law claim of crimes against humanity to go forward temporarily. ref Bowoto v. Chevron Corp. , No. C99 ... Bowoto v. Chevron Corp. , No. C99 02506SI, 2007 WL 800940 N.D. Cal. Mar. 14, 2007 . ref On December ... to hold a parent company liable for acts committed by its subsidiary. Bowoto v. Chevron Corp. is an example ... site blurbs bowoto v chevrontexaco case overview.html Center for Constitutional Rights http ccrjustice.org ourcases current cases bowoto v. chevron Chevron http www.chevron.com bowoto DEFAULTSORT Bowoto V. Chevron Corp. Category United States district court cases Category Chevron Corporation ... for resultant damages. ref Indonesian Bloodshed Provokes ExxonMobil Lawsuit X Nigeria II Bowoto v. Chevron .... References references External links Bowoto v. Chevron Trial Blog http bowotovchevron.wordpress.com ... more details
Rudder v. Microsoft Corp. 1999 O.J. No. 3778 Sup. Ct. J. . is the leading decision on clickwrap licenses and forum selection clause s in Canada. Background Rudder brought a class action on behalf of MSN subscribers in Canada for, among other things, improperly charging MSN subscriber s credit cards violating the terms of the contract. Microsoft filed to dismiss the class action on the grounds of forum non conveniens . They argued that the contract between them and the subscribers contained a forum selection clause which gave exclusive jurisdiction to Washington state to resolve any disputes. Rudder argued that the particular clause was not valid as it was not adequately brought to the attention of the user. The provision was sufficiently important that it required special notice. Opinion of the Court Justice Winkler found in favour of Microsoft and held that the clause was enforceable. Winkler rejected Rudder s argument, stating that Admittedly, the entire Agreement cannot be displayed at once on the computer screen, but this is not materially different from a multi page written document which requires a party to turn the pages. Winkler observed that users were required to click on the I agree button to accept the terms, and that the impugned clause was no harder to read than any of the others. The sign up procedure itself required users to click I agree twice, where the second time the user was told that they would still be bound to the terms even if they do not read them all. Winkler did not find it reasonable for Rudder to argue for the enforcement of all the other terms of the contract except for the forum clause. A finding in favour of the plaintiff, said Winkler, would not advance the goals of commercial certainty. In concluding, Winkler held that Clickwrap click wrap agreements in general should be afforded the sanctity that must be given to any agreement in writing. See also List of notable Canadian lower court cases Caspi v. Microsoft Network Similar US case ... more details
SCCInfoBox case name Grant v. Torstar Corp. full case name Peter Grant v. Torstar Corporation heard date April 23, 2009 decided date December 22, 2009 citations 2009 SCC 61 history APPEAL and CROSS APPEAL from a judgment of the Ontario Court of Appeal Rosenberg, Feldman and Simmons JJ.A. , http www.canlii.org en on onca doc 2008 2008onca796 2008onca796.html Grant v. Torstar Corporation , 2008 ONCA 796 , 92 O.R. 3d 561, 301 D.L.R. 4th 129, 243 O.A.C. 120, 61 C.C.L.T. 3d 195, 71 C.P.R. 4th 352, 2008 O.J. No. 4783 QL , 2008 CarswellOnt 7155, setting aside a decision of Rivard J. and a jury award and ordering a new trial. ruling Appeal and cross appeal dismissed ratio SCC 2008 Majority McLachlin, CJ. JoinMajority Binnie, LeBel, Deschamps, Fish, Charron, Rothstein and Cromwell JJ. Concurrence Dissent Abella J. LawsApplied NotParticipating Grant v. Torstar Corp. , lexum scc3 2009 61 , is a 2009 Supreme Court of Canada decision on the defences to the tort of defamation. In it, the Supreme Court ruled that the law of defamation should give way to the rights of a party to speak on matters of public interest, provided party exercises a certain level of responsibility in verifying the potentially defamatory facts. That is, the Court recognized a defence of responsible communication on matters of public interest. Background The Toronto Star Torstar Corp. , a newspaper and the defendant, published a story concerning the proposed development of a golf course on land owned by Peter Grant, the plaintiff. The stories contained comments by local residents that were critical of Grant, alleging that he was using his political influence to gain permission to build the golf course. In particular ...?id 4625 J Source The Canadian Journalism Project DEFAULTSORT Grant V. Torstar Corp. Category ... of Canada cases McLachlin Court New York Times Co. v. Sullivan N.Y. Times v. Sullivan , 376 U.S. ... courts. Reynolds v Times Newspapers Ltd , 1999 4 All E.R. 609, a similar case in the U.K. Dean Jobb ... more details
Infobox COA case Litigants Phillips v. AWH Corp. Court United States Court of Appeals for the Federal Circuit CourtSeal File US CourtOfAppeals FederalCircuit Seal.svg 200px United States Court of Appeals for the Federal Circuit ArgueDate ArgueYear DecideDate July 12 DecideYear 2005 FullName Edward H. Phillips v. AWH Corporation, Hopeman Brothers, Inc., and Lofton Corporation Citations 415 F.3d 1303, 75 U.S.P.Q.2d 1321 Prior Subsequent Holding The most important source in the evidentiary hierarchy of claim construction is the ordinary meaning of the language of the claims themselves and other intrinsic sources like the prosecution history. Extrinsic evidence like dictionaries and expert testimony are of secondary importance. Judges En banc Court Chief Judge Paul Redmond Michel Circuit Judges Pauline Newman , Haldane Robert Mayer , Alan David Lourie , Raymond C. Clevenger , Randall Ray Rader , Alvin Anthony Schall , William Curtis Bryson , Arthur J. Gajarsa , Richard Linn , Timothy B. Dyk , and Sharon Prost Majority Bryson JoinMajority Michel, Clevenger, Rader, Schall, Gajarsa, Linn, Dyk, and Prost Concurrence Dissent Lourie JoinConcurrence Dissent Newman Dissent Mayer JoinDissent Newman LawsApplied UnitedStatesCode 35 112 Phillips v. AWH Corp. , 415 F.3d 1303 Fed. Cir. 2005 , was a case decided by the Federal Circuit that clarified the hierarchy of evidentiary sources usable for claim construction in patent law . ref Adelman, M.J., Rader, R.R., and Klancnik, G.P. Patent Law In A Nutshell . Thomson West, St. Paul, MN. 2008, p. 301 ref Factual background The patents at issue were for modular steel shell panels that could be arranged into vandalism resistant walls. The panels interlocked by means of steel baffles internal barriers meant to create fillable compartments or to deflect projectiles that penetrate the outer wall. Defendant AWH Corporation distributed similar modular .... ref Phillips v. AWH Corp. , 415 F.3d 1303, 1309 11 Fed. Cir. 2005 ref Phillips appealed to the Federal ... more details
Infobox SCOTUS case Litigants Southland Corp. v. Keating ArgueDate October 4 ArgueYear 1983 DecideDate January 23 DecideYear 1984 FullName Southland Corp. v. Keating USVol 465 USPage 1 Citation Prior 167 ... LawsApplied Federal Arbitration Act , 2 Southland Corp. v. Keating , ussc 465 1 1984 , is a United ... Co. v. Devonshire Fabrics , 271 F2d 402. ref In the 1967 Prima Paint Corp. v. Flood & Conklin Mfg ... Memorial Hospital v. Mercury Construction Corp. , upheld an appellate decision that overturned a district ... opinion Southland Corp. v. Keating , 465 U.S. 1, 7 8 1984 , Burger, C.J. ref However, the Court ... Famous Lasky Corp. v. United States , ref name Lasky case Paramount Famous Lasky Corp. v. United States ... arbitration agreements. ref name O Connor dissent Southland Corp. v. Keating , 465 U.S. 1, 22 1874 , O Connor, J., dissenting. ref She traced the majority s misreading to first Erie Railroad v. Tompkins ... Motors Mitsubishi Motors Corp. v. Soler Chrysler Plymouth, Inc. , ussc 473 614 1985 . ref was strongly ... considered a case related to it in Wilko v. Swan , ref name Wilko v. Swan ussc 346 527 1953 ref where ... years later in Bernhardt v. Polygraphic Co. , where the court, with only Harold Hitz Burton dissenting ... the contract was originally executed. ref name Bernhardt v. Polygraphic ussc 350 198 1956 ref ... made valid and enforceable in a federal statute. ref name Oral argument cite web title Southland Corp. v. Keating Oral Argment url http www.oyez.org cases 1980 1989 1983 1983 82 500 argument publisher ..., Green Tree Financial Inc. v. Bazzle , ref name Green Tree Green Tree Financial Inc. v. Bazzle , ussc ... issue. Perry v. Thomas , in 1987, overturned the state statute allowing a wage collection to proceed ... v. Thomas Perry v. Thomas , ussc 482 483 1987 . ref In Volt Information Sciences v. Stanford University .... ref name Volt decision Volt Information Sciences v. Stanford University , ussc 489 468 1989 . ref Allied Bruce Terminix Cos. v. Dobson State judges and many commentators had come to agree with O ... more details
Microsoft Corpv. Zamos was litigation between Microsoft and David Zamos, a student at Kent State and the University of Akron in the United States . Microsoft accused Zamos of illegally reselling his student discounts and allowances discount ed copies of Windows XP Pro and Microsoft Office on eBay . Zamos countersued Microsoft for making false claims. When Zamos sent a press release to his local newspaper, the case received international press coverage. At issue was the fact that Zamos acquired Microsoft software at a discount for academic use, then re sold it to the general public on eBay for a profit. Zamos contends, and can document, that he found the software unsuitable when he realized it required him to format his computer s hard drive . He attempted to return the software, first at the University of Akron s bookstore, then directly to Microsoft. When both of these attempted returns were denied, Zamos put the software up for sale on eBay in two auction s, the second of which was cancelled at Microsoft s request. When he successfully re instated the auction and completed the sale, he was sued under the Digital Millennium Copyright Act . His profit was 143.50 US dollars USD . On January 3, 2005 Zamos filed a countersuit . In it he pointed out that Microsoft s claim did not represent the facts of his case, and appeared to be a Boilerplate text boilerplate suit like thousands of others the company has filed. He exhibited a page from the claim that was identical to a page in another, except that some plural words had been changed to singular ones. The respective verbs had not been changed to their singular forms, so the page contained grammatical errors. These counterclaims seem to have failed, as Zamos was not a qualified end user . So he filed more claims, contending among other things that the unopened software had never presented him with the End User License Agreement and thus the opportunity to become a qualified end user. This, he asserted, amounted to deceptive ... more details
followed in other cases, such as EasternAmericaTrioProductsv. TangElectronicCorp , 54 USPQ2d 1776 ... arrest nl Comparable decision from the Netherlands http www.zitotlp.com id55.htm EasternAmericaTrioProductsv. TangElectronicCorp DEFAULTSORT Bridgeman Art Library V. Corel Corp. Category United ...Infobox Court Case name Bridgeman Art Library v. Corel Corp. court United States District Court for the Southern District of New York image imagesize caption full name The Bridgeman Art Library, Ltd. v ... 9789041198822 pages 405 408 chapter The Bridgeman Art Library Ltd. v. Corel Corporation author Lewis A. Kaplan ref Second judgment Wikisourcehas the full text of s Bridgeman Art Library, Ltd. v. Corel Corp. The Bridgeman Art Library Ltd. v. Corel Corporation , 36 F. Supp. 2d 191 SDNY 1999 s Berne Convention ... and the law section United Kingdom As a U.S. court case, Bridgeman Art Library v. Corel Corp ... in the second judgment of Bridgeman Art Library v. Corel Corp. does highlight several points ... case law als Bridgeman Art Library v. Corel Corp. ca Cas de Bridgeman Art Library Ltd. contra Corel ... and reargument, judgment was again entered for defendants. Bridgeman Art Library v. Corel Corp. , 36 F. Supp. 2d 191 S.D.N.Y. 1999 , was a decision by the United States District Court for the Southern ... The Bridgeman Art Library Ltd. v. Corel Corporation , 36 F. Supp. 2d 191 SDNY 1999 ref name Stokes ... of originality required for copyright protection , citing Rogers v. Koons prior judgments that had ... case of Interlego v Tyco Industries for equivalent case law in the U.K., where it had been held ... . In Meshwerks v. Toyota , 528 F.3d 1258 10th Cir. 2008 , ref cite court litigants Meshwerks v ... v. Corel , extending the reasoning in Bridgeman to cover 3D wireframe meshes of existing 3D objects ... Court decision in Feist Publications v. Rural Telephone Service 1991 , explicitly rejecting difficulty ... the judgment on the Bridgeman case have pointed to Schiffer Publishing v. Chronicle Books as providing ... more details
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