Mars Incorporated and Mars Electronics Int l. (MEI) v Coin Acceptors, Inc. 527 F. 3d 1359 (CAFC 2008)
|
|
- Pierce Stewart
- 6 years ago
- Views:
Transcription
1 Mars Attacks: The Agony of Lost Profits and the Ecstasy of Reasonable Royalties Tom Engellenner Nutter McClennen & Fish LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts Telephone Overview Mars Incorporated and Mars Electronics Int l. (MEI) v Coin Acceptors, Inc. 527 F. 3d 1359 (CAFC 2008) Nutter McClennen & Fish LLP 2 1
2 Overview Statutory Basis for Patent Infringement Damages Standing to Assert Lost Profits Determination of Damages when the Plaintiff is not entitled to Lost Profits Nutter McClennen & Fish LLP 3 Background 35 U.S.C. 284 Patent Infringement Damages. Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court. Nutter McClennen & Fish LLP 4 2
3 Background Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152 (6th Cir. 1978). For lost profits the Patentee must prove four factors: (1) a demand for the products covered by the patent; (2) an absence of acceptable non-infringing substitutes to the patented product or process; (3) that the patentee possessed the manufacturing and marketing capabilities to exploit the demand; and (4) the amount of profit the patentee would have made had the infringement not occurred. Nutter McClennen & Fish LLP 5 Background Lost Profits also requires a Plaintiff with proper standing to assert losses due to the Defendant s infringement Patent Owner: ~~~~~~~~~~~~>Yes Exclusive Licensee: ~~~~~~~>Yes Non-exclusive Licensee: ~~~> No Nutter McClennen & Fish LLP 6 3
4 Tax Benefits of an IP Holding Company Assume $100 Million in gross profits State corporate income tax ~ 10% Federal corporate income tax ~ 35% royalty rate 5 percent Allows Company to shelter $5 Million from a combined tax burden of 45% Savings: ~ $3 Million Nutter McClennen & Fish LLP 7 The Intra-Corporate Relationship Non-exclusive license Operating Company Delaware IP Holding Corp Royalties Nutter McClennen & Fish LLP 8 4
5 The Technology Separation of Coins of Different Denominations based on AC Conductivity Measurements at various frequencies Nutter McClennen & Fish LLP 9 The Technology Nutter McClennen & Fish LLP
6 Mars v Coin Acceptors Procedural History: Mars was the owner of the patents-in-suit MEI was a wholly owned subsidiary of Mars with a license to make coin recognition systems in return for royalties Mars sued Coin Acceptors (Coinco) in 1990 and wins on infringement and validity issues in a bifurcated trial ten years later Nutter McClennen & Fish LLP 11 Mars v Coin Acceptors Procedural History (continued): Prior to the damages phase, Coinco moved for partial SJ on the lost profits issue. Mars moved for leave to add MEI as co-plaintiff District Court granted Coinco s partial SJ motion, denying lost profits because Mars didn t manufacture coin recognition machines and denying leave to add MEI Nutter McClennen & Fish LLP
7 Mars v Coin Acceptors Procedural History (continued): Mars sought reconsideration based on a 1996 assignment to MEI and again moved to add MEI as co-plaintiff. (The 1996 agreement was part of a settlement with the UK tax authority.) District Court permitted joinder of MEI holding that the 1996 agreement essentially assigned all of Mars interests to MEI and MEI therefore had standing to pursue claims from 1996 forward Nutter McClennen & Fish LLP 13 Mars v Coin Acceptors Procedural History (continued): In 2006 Mars and MEI sign another agreement essentially folding MEI back into Mars and giving Mars the right to sue for past infringements. After a damages bench trial, the District Court held that the 2006 agreement gave Mars the right to damages during the period MEI owned the patents but it still couldn t seek lost profits. Instead, Court set damages at a 7% royalty rate. Nutter McClennen & Fish LLP
8 Mars v Coin Acceptors Issues before the CAFC: Whether Mars was entitled to lost profits; Whether MEI had standing to recover damages incurred prior to 1996 Whether Mars had standing to recover damages incurred from 1996 to 2003 Whether the Court erred imposing a 7% rate Nutter McClennen & Fish LLP 15 Mars v Coin Acceptors CAFC Holdings (on lost profits): Mars claim that it inherently lost profits when its subsidiary lost profits was not supported by the record, hence, no lost profits are not avail MEI lacked standing prior to 1996 because it was not an exclusive licensee. (Another Mars subsidiary had rights in the U.S. as well.) Both Mars and MEI lacked standing subsequent to 1996 (because Mars transferred the right to sue for past infringement but not title to the patents.) Nutter McClennen & Fish LLP
9 Mars v Coin Acceptors CAFC Holding (on damages): Despite evidence that the intra-company royalty rate paid to Mars was 4% and the cost of adopting a non-infringing alternative was significantly lower than the awarded damages, the CFAC affirmed the 7 % royalty rate. The use of an incremental profit rather than operating profit analysis was not error. remanded for recalculation based on Mars lack of standing from 1996 to Nutter McClennen & Fish LLP 17 Late Breaking News St. Louis Business Journal January 9, 2009: Coin Acceptors Inc., (Coinco) a St. Louis company that was ordered to pay nearly $27 million in a patent litigation case, has filed a legal malpractice lawsuit against its former attorneys. Coinco s lawyers allegedly advised the company that its products did not infringe on the patents owned by Mars and, additionally, that the patents were invalid. because Coinco had invented an identical device before Mars Coinco alleges that the professional standard of care required by lawyers was breached by failing to advise Coinco it should cease and desist in making the alleged infringing coin acceptors and failing to tell Coinco that they were potential witnesses in the litigation and therefore could not serve as trial counsel. Nutter McClennen & Fish LLP
10 The End Thank you Tom Engellenner Nutter, McClennen & Fish, LLP Boston Nutter McClennen & Fish LLP
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
Deer Oaks Office Park Owners Association v. State Farm Lloyds Doc. 25 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DEER OAKS OFFICE PARK OWNERS ASSOCIATION, CIVIL
More informationUNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT *
FILED United States Court of Appeals Tenth Circuit January 18, 2012 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT THE OHIO CASUALTY INSURANCE COMPANY, v. Plaintiff/Counter-Defendant/Cross-
More informationSUMMARY OF YOUR OPTIONS AND THE LEGAL EFFECT OF EACH OPTION APPROVE THE
Manwaring v. The Golden 1 Credit Union NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT READ THIS NOTICE FULLY AND CAREFULLY; THE PROPOSED SETTLEMENT MAY AFFECT YOUR RIGHTS! IF YOU HAD A CHECKING
More informationRoyalty Rates for Standard-Essential Patents
Royalty Rates for Standard-Essential Patents In Second Decision of Its Kind, District Court Determines RAND Royalty Rate for 19 Patents Essential to 802.11 WiFi Standard SUMMARY Many patents that are essential
More informationAbatement Insurance Program Summary
Program Summary ISSUE: Companies must be able to protect their innovations from the predatory business practices of some companies, or they may risk losing their intellectual property (IP) rights, being
More informationProcedural Considerations For Insurance Coverage Declaratory Judgment Actions
Procedural Considerations For Insurance Coverage Declaratory Judgment Actions New York City Bar Association October 24, 2016 Eric A. Portuguese Lester Schwab Katz & Dwyer, LLP 1 Introduction Purpose of
More informationDELL SERVICE CONTRACT TAX REFUND CLAIMS SETTLEMENT ( SBE Settlement )
LEGAL NOTICE DELL SERVICE CONTRACT TAX REFUND CLAIMS SETTLEMENT ( SBE Settlement ) Mohan, et al. v. Dell Inc., et al. Superior Court (San Francisco) Case Nos. CGC 03-419192; CJC-05-004442 NOTICE OF CLASS
More informationWhen Trouble Knocks, Will Directors and Officers Policies Answer?
When Trouble Knocks, Will Directors and Officers Policies Answer? Michael John Miguel Morgan Lewis & Bockius LLP Los Angeles, California The limit of liability theory lies within the imagination of the
More informationRetailers Need To Get Ready For More Patent Claims
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Retailers Need To Get Ready For More Patent Claims
More informationUNITED STATES DISTRICT COURT DISTRICT OF COLORADO Judge John L. Kane
Case 1:16-cv-01850-JLK Document 23 Filed 08/11/17 USDC Colorado Page 1 of 11 Civil Action No. 16-cv-1850-JLK MINUTE KEY, INC., v. Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Judge John
More informationOF FLORIDA. ** Appellant, ** vs. CASE NO. 3D ** LOWER TRIBUNAL NO TRIPP CONSTRUCTION, INC., ** Appellee. **
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. AUTO OWNERS INSURANCE COMPANY, IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 Appellant,
More informationNegotiating and Enforcing Complex IP Indemnification Provisions. Eleanor M. Yost Shareholder Carlton Fields Jordan Burt, PA
Negotiating and Enforcing Complex IP Indemnification Provisions Eleanor M. Yost Shareholder Carlton Fields Jordan Burt, PA eyost@carltonfields.com Agenda General Considerations Definitions Implied Warranty
More informationIN THE SUPREME COURT OF IOWA
IN THE SUPREME COURT OF IOWA No.12 0338 Filed December 20, 2013 IOWA MORTGAGE CENTER, L.L.C., Appellant, vs. LANA BACCAM and PHOUTHONE SYLAVONG, Appellees. On review from the Iowa Court of Appeals. Appeal
More informationLDD «Barcode» Postal Service: Please do not mark barcode Claim#: LDD-«Claim8» - «CkDig» «First1» «Last1» «Addr2» «Addr1» «City», «St» «Zip»
Lidoderm End-Payor Notice Administrator c/o KCC Class Action Services P.O. Box 43491 Providence, RI 02940-3491 LDD «Barcode» Postal Service: Please do not mark barcode Claim#: LDD-«Claim8» - «CkDig» «First1»
More informationFiduciary Best Practices Helped NYU Win ERISA Class Action
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Fiduciary Best Practices Helped NYU Win ERISA
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 12 3067 LAWRENCE G. RUPPERT and THOMAS A. LARSON, on behalf of themselves and all others similarly situated, Plaintiffs Appellees, v. ALLIANT
More informationSecurePlus Provider universal life insurance policy SecurePlus Paragon universal life insurance policy. a class action lawsuit may affect your rights.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA If you were or are a California resident who purchased one or both of the following policies issued by Life Insurance Company of the Southwest
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS If you are or were the owner of a participating policy of the Massachusetts Mutual Life Insurance Company at any time between January 1, 2001
More informationHot News for Financial Index Issuers: Southern District Decision in
Hot News for Financial Index Issuers: Southern District Decision in The Associated Press v. All Headline News Corp. March 4, 2009 In a decision with important potential implications for the protection
More informationQ UPDATE EXECUTIVE RISK SOLUTIONS CASES OF INTEREST D&O FILINGS, SETTLEMENTS AND OTHER DEVELOPMENTS
EXECUTIVE RISK SOLUTIONS Q1 2018 UPDATE CASES OF INTEREST U.S. SUPREME COURT FINDS STATE COURTS RETAIN JURISDICTION OVER 1933 ACT CLAIMS STATUTORY DAMAGES FOR VIOLATION OF TCPA FOUND TO BE PENALTIES AND
More informationThe only way to get a payment. NO LATER THAN MARCH 10, 2011 EXCLUDE YOURSELF NO LATER THAN MARCH 10, 2011 SUBMIT A CLAIM FORM
United States District Court Southern District Of New York IN RE FUWEI FILMS SECURITIES LITIGATION Case No. 07-CV-9416 (RJS) NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION If you purchased or otherwise
More informationNOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA Karolyn Kruger, M.D., et al., Plaintiffs, v. Novant Health Inc., et al., Defendants. Case No. 14-cv-208 Judge William Osteen, Jr. NOTICE OF
More informationImportant Notice About Increased Retirement Benefits from the Foot Locker Retirement Plan and Proposed Attorneys Fee and Expense Award
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X GEOFFREY OSBERG, On behalf of himself and on behalf of all others similarly situated,
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 8:03-cv-01031-JVS-SGL Document 250 Filed 03/17/2009 Page 1 of 7 Present: The James V. Selna Honorable Karla J. Tunis Deputy Clerk Not Present Court Reporter Attorneys Present for Plaintiffs: Attorneys
More informationIn Personam Jurisdiction over Out-of-State Investors. Cornerstone Healthcare Holding v. Nautic Management
In Personam Jurisdiction over Out-of-State Investors Cornerstone Healthcare Holding v. Nautic Management T. Ray Guy, Matthew Leung, and Amanda Prugh i Texas is a great state in which to live, a wonderful
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit Nos. 16-2336, 16-2339 TRACY L. WINK, Plaintiff-Appellee/Cross-Appellant, v. MILLER COMPRESSING COMPANY, Defendant-Appellant/Cross-Appellee.
More informationUNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1965 KIMBERLY HOPKINS, individually and on behalf of all others similarly situated, v. Plaintiff - Appellant, HORIZON MANAGEMENT
More informationBusiness Valuation v Economic Damages: What are the Differences?
Business Valuation v Economic Damages: What are the Differences? V OIV International Business Valuation Conference January 16, 2017 Nancy Fannon, CPA, ABV, ASA, MCBA Meyers, Harrison & Pia Valuation and
More informationDELL SERVICE CONTRACT TAX SETTLEMENT ( Dell Settlement )
LEGAL NOTICE DELL SERVICE CONTRACT TAX SETTLEMENT ( Dell Settlement ) Mohan, et al. v. Dell Inc., et al. Superior Court (San Francisco) Case Nos. CGC 03-419192; CJC-05-004442 DETAILED NOTICE OF CLASS ACTION
More informationNOTICE OF CLASS ACTION SETTLEMENT
NOTICE OF CLASS ACTION SETTLEMENT TO: ALL PERSONS WHO, AT ANY TIME AFTER JULY 31, 2003, WERE AWARDED BENEFITS UNDER SAIA MOTOR FREIGHT LINE, LLC S LONG-TERM DISABILITY PLAN THAT WERE REDUCED BASED ON A
More informationIN THE UNITED STATES COURT OF FEDERAL CLAIMS
IN THE UNITED STATES COURT OF FEDERAL CLAIMS If you offered Qualified Health Plans under the Patient Protection and Affordable Care Act in the 2014 and 2015 benefit years, and your allowable costs were
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION. v. CIVIL ACTION NO.
Alps Property & Casualty Insurance Company v. Turkaly et al Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ALPS PROPERTY & CASUALTY INSURANCE
More informationTestimony of David B. Kelley, Intellectual Property Counsel Ford Global Technologies, LLC
Testimony of David B. Kelley, Intellectual Property Counsel Ford Global Technologies, LLC Before the House Judiciary Subcommittee on Intellectual Property, Competition and the Internet Regarding Certain
More informationCLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS
CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker,
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM OF LAW & ORDER Civil File No (MJD/JSM)
Perrill et al v. Equifax Information Services, LLC Doc. 47 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA DAVID A. PERRILL and GREGORY PERRILL, Plaintiffs, v. MEMORANDUM OF LAW & ORDER Civil File No.
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-DIMITROULEAS
In re DS Healthcare Group, Inc. Securities Litigation / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-60661-CIV-DIMITROULEAS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SHARON EUL, et al., on behalf of themselves and a ) putative class, ) ) Plaintiffs, ) Honorable Judge Ruben Castillo
More informationERISA. Representative Experience
ERISA RMKB s ERISA practice group has extensive experience representing insurance carriers, employers, plan administrators, claims administrators, and benefits plans against claims brought under the Employee
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS NICHOLAS CHALUPA, Individually and on Behalf of All Other No. 1:12-cv-10868 Persons Similarly Situated, Plaintiff, v. UNITED PARCEL SERVICE, INC.
More informationLEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT IF YOU OWNED A ST. LOUIS RAMS PERSONAL SEAT LICENSE, OR PSL, A PROPOSED CLASS ACTION SETTLEMENT
More informationADDRESSING MULTIPLE CLAIMS.
0022 [ST: 1] [ED: 10000] [REL: 2] Composed: Wed Oct 15 14:15:43 EDT 2008 IV. ADDRESSING MULTIPLE CLAIMS. 41.11 Consider Insurance Provisions as to Multiple Claims and Interrelated Wrongful Acts. 41.11[1]
More informationYOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM
Superior Court for the State of Connecticut Judicial District of Hartford If you were a customer of Discount Power, Inc. s variable rate electricity supply services between June 1, 2013, and July 31, 2016,
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND SETTLEMENT HEARING
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOANNE BERGEN, ANDREW C. MATTELIANO, NANCY A. MATTELIANO, KEVIN KARLSON, BARBARA KARLSON, ROBERT BRADSHAW, on Behalf of Themselves and Others Similarly
More informationSUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL CIVIL WEST DIVISION If You Are a Profit Participant on a Motion Picture Released by Twentieth Century Fox Film Corporation, You
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RETO et al v. LIBERTY MUTUAL INSURANCE et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STEVEN RETO and : CIVIL ACTION KATHERINE RETO, h/w : : v. : : LIBERTY MUTUAL
More informationby Tyler Maddry Published in Aspatore Books: Intellectual Property Licensing Strategies 2016 (excerpted)
April 2016 Chapter The Shifting Subject Matter of IP Licensing in the Information Age: Maximizing the Licensor s Asset Monetization while Facilitating the Licensee s Success Published in Aspatore Books:
More informationv. CASE NO. 01-CV-1552 (SRU)
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LOU HADDOCK, as trustee of the Flyte Tool Die, Incorporated Deferred Compensation Plan, et al., PLAINTIFFS, v. CASE NO. 01-CV-1552 (SRU) NATIONWIDE
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Plaintiff, Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MOBILE ENHANCEMENT SOLUTIONS LLC, v. Plaintiff, Civil Action No. APPLE, INC.; AT&T INC.; AT&T MOBILITY LLC; VERIZON
More informationIntellectual Property
Intellectual Property What is Intellectual Property (IP)? Intellectual property, as defined by the WIPO (World Intellectual Property Organisation), refers to creations of the mind: invention and artistic
More informationERISA Causes of Action *
1 ERISA Causes of Action * ERISA authorizes a variety of causes of action to remedy violations of the statute, to enforce the terms of a benefit plan, or to provide other relief to a plan, its participants
More informationCommercial Landlord/Tenant Law when Tenant Declares Bankruptcy and (non-commercial) Summary Proceedings
Commercial Landlord/Tenant Law when Tenant Declares Bankruptcy and (non-commercial) Summary Proceedings Bankruptcy Concerns When a Commercial Tenant Files Bankruptcy All collection actions must stop as
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT YOU MAY BE REQUIRED TO FILE A CLAIM FORM. NOT ALL CLASS MEMBERS ARE REQUIRED TO FILE A CLAIM FORM.
The Superior Court of the State of California authorized this Notice. This is not a solicitation from a lawyer. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT If you are a lawyer or law firm that has paid,
More informationYou Could Get Money From a New Class Action Settlement If You Paid for Medical Services at a Michigan Hospital From January 1, 2006 to June 23, 2014.
United States District Court For The Eastern District Of Michigan You Could Get Money From a New Class Action Settlement If You Paid for Medical Services at a Michigan Hospital From January 1, 2006 to
More informationCERCLA s Equitable Allocation Of Liability
Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com CERCLA s Equitable Allocation Of Liability
More informationAre Insurance Bad Faith Recoveries Taxable?
MCLE Are Insurance Bad Faith Recoveries Taxable? The answer depends on a number of factors. BY ROBERT W. WOOD AUGUST 1, 2016 CONTINUE TO TEST If you recover a judgment for bad faith damages, is the monetary
More informationUnited States District Court for the Eastern District of Kentucky (Covington) LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
United States District Court for the Eastern District of Kentucky (Covington) LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT If You Purchased Title Insurance From First American Title Insurance Company
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION. v. Case No. 6:10-cv-23 ALIENWARE CORP., ET AL.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION INTERNET MACHINES LLC v. Case No. 6:10-cv-23 ALIENWARE CORP., ET AL. ORDER ON MOTION TO COMPEL Before the Court is Plaintiff
More informationUNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO IF YOU PURCHASED PROCTER & GAMBLE S PROBIOTIC SUPPLEMENT ALIGN IN CALIFORNIA, ILLINOIS, NORTH CAROLINA, FLORIDA OR NEW HAMPSHIRE, A CLASS
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Turner et al v. Wells Fargo Bank et al Doc. 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 1 1 1 1 DAMON G. TURNER and KRISTINE A. TURNER, v. Plaintiffs, WELLS FARGO BANK, N.A., et al.,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION RICHARD BARNES, ) ) Plaintiff, ) ) v. ) No. 4:13-cv-0068-DGK ) HUMANA, INC., ) ) Defendant. ) ORDER GRANTING DISMISSAL
More informationCase: Document: 27 Page: 1 Filed: 06/05/
Case: 18-1586 Document: 27 Page: 1 Filed: 06/05/2018 2018-1586 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT IN RE INTELLIGENT MEDICAL OBJECTS, INC., Appellant. Appeal from the United States Patent
More informationLawyers Professional Liability Claims Trends: 2012
Lawyers Professional Liability Claims Trends: 2012 Insurer Survey Introduction & Overview As the U.S. economy continues its gradual recovery from the lingering effects of the global financial crisis, law
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CW **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CW06-959 WILLIAM DeSOTO, ESTELLA DeSOTO, AND DICKIE BERNARD VERSUS GERALD S. HUMPHREYS, ILLINOIS NATIONAL INSURANCE COMPANY, AND UNITED SERVICES AUTOMOBILE
More informationUNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NOTICE OF CLASS CERTIFICATION AND PARTIAL PROPOSED BIOVAIL SETTLEMENT
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NOTICE OF CLASS CERTIFICATION AND PARTIAL PROPOSED BIOVAIL SETTLEMENT If You Bought Wellbutrin XL or its Generic Equivalent, You May
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed April 13, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D15-1047 Lower Tribunal No. 08-3100 Florida Insurance
More informationThis article first appeared in IP Value 2006, Building and enforcing intellectual property value An international guide for the boardroom
Directors responsibility for intellectual property in US corporations Sterne, Kessler, Goldstein & Fox PLLC This article first appeared in IP Value 2006, Building and enforcing intellectual property value
More informationPhillip Beutel, Bryan Ray, Steven Schwartz
TWO WORLDS COLLIDING? TRANSFER PRICING AND DAMAGES IN INTELLECTUAL PROPERTY LITIGATION Phillip Beutel, Bryan Ray, Steven Schwartz I. INTRODUCTION The profitable management of intellectual property (IP)
More informationIN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO. Plaintiff MTD Products, Inc. is a Medina County manufacturer of snow throwers and
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO MTD PRODUCTS INC. ) ) Plaintiff, ) ) vs. ) ) ALLIED WORLD ASSURANCE CO., ) et al. ) ) Defendants. ) CASE NO. CV 13 810198 JUDGE JOHN P. O DONNELL JUDGMENT
More informationGroundhog Day: Recurring Themes on Reasonable Royalties in Recent IP Damage Cases
7 December 2009 Groundhog Day: Recurring Themes on Reasonable Royalties in Recent IP Damage Cases By Dr. Elizabeth M. Bailey, Dr. Alan Cox, and Dr. Gregory K. Leonard 1 Judges of the Court of Appeals for
More informationCASE 0:16-cv JNE-TNL Document 18 Filed 07/06/16 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
CASE 0:16-cv-00293-JNE-TNL Document 18 Filed 07/06/16 Page 1 of 5 Steven Demarais, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA v. Case No. 16-cv-293 (JNE/TNL) ORDER Gurstel Chargo, P.A.,
More informationDEFENDING BAD FAITH CLAIMS - - THE INSURER S PERSPECTIVE
DEFENDING BAD FAITH CLAIMS - - THE INSURER S PERSPECTIVE Eric A. Portuguese Lester Schwab Katz & Dwyer LLP Updates and Hot Trending Topics Affecting Insurance Coverage NYSBA May 12, 2017 INTRODUCTION Expanding
More informationJerman And Its Effects On the Collection Industry
Jerman And Its Effects On the Collection Industry Presented By: Alan H. Weinberg, Managing Partner U.S. Supreme Court Only two Fair Debt Collection Practices Act ( FDCPA ) Cases have been before the United
More informationObjectives. Why do People Sue? Understanding Medical Malpractice 3/2/2014. Discuss reasons why people sue
Understanding Medical Malpractice Debbie Sullivan, PhD, PA-C March 7, 2014 Objectives Discuss reasons why people sue Understand the 4 elements of medical malpractice Define standard of care Contrast claim
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Case 1:11-cv-00569-LPS Document 6 Filed 08/15/11 Page 1 of 8 PageID #: 87 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PFIZER INC., PFIZER IRELAND PHARMACEUTICALS, WARNER-LAMBERT COMPANY,
More informationTax Issues Impacting Intellectual Property Transactions 101 & 102
Tax Issues Impacting Intellectual Property Transactions 101 & 102 June 8, 2016 By: Charles E. Hodges II: Chair, Domestic & International Tax Practice 2013 Kilpatrick Townsend INTERSECTION BETWEEN IP &
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING LEGAL NOTICE BY ORDER OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO. IF YOU PURCHASED MERCHANDISE FROM SPORTS
More informationCase 1:14-md TWT Document Filed 03/08/17 Page 1 of 74
Case 1:14-md-02583-TWT Document 327-3 Filed 03/08/17 Page 1 of 74 Case 1:14-md-02583-TWT Document 327-3 Filed 03/08/17 Page 2 of 74 Case 1:14-md-02583-TWT Document 327-3 Filed 03/08/17 Page 3 of 74 Case
More informationArbitration Study. Report to Congress, pursuant to Dodd Frank Wall Street Reform and Consumer Protection Act 1028(a)
Arbitration Study Report to Congress, pursuant to Dodd Frank Wall Street Reform and Consumer Protection Act 1028(a) Consumer Financial Protection Bureau March 2015 1.4 Executive Summary Our report reaches
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
Case 4:16-cv-00325-CWD Document 50 Filed 11/15/17 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO PENSION BENEFIT GUARANTY CORPORATION, vs. Plaintiff IDAHO HYPERBARICS, INC., as Plan
More informationERISA Litigation. ERISA Statute Fundamentals. What is ERISA, and where is the ERISA statute located? What is an ERISA plan?
ERISA Litigation Our expert attorneys have substantial experience representing third-party administrators, insurers, plans, plan sponsors, and employers in an array of ERISA litigation and benefits-related
More informationIn the Missouri Court of Appeals Eastern District
In the Missouri Court of Appeals Eastern District DIVISION THREE ROBERT LURIE, ) ED106156 ) Plaintiff/Appellant, ) Appeal from the Circuit Court ) of St. Louis County v. ) ) COMMONWEALTH LAND TITLE ) Honorable
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of -- ) ) Texas Engineering Solutions ) ASBCA Nos. 53669, 54087 ) Under Contract No. F29601-95-C-0173 ) APPEARANCE FOR THE APPELLANT: Mr. A.E. Pevler President
More informationCase 8:09-cv SDM-TBM Document 41 Filed 01/13/11 Page 1 of 10 PageID 808 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:09-cv-02357-SDM-TBM Document 41 Filed 01/13/11 Page 1 of 10 PageID 808 PEDRO CARDENAS, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff, v. CASE NO: 8:09-cv-2357-T-23TBM
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE CLIFTON CUNNINGHAM and DON TEED, on behalf of themselves and all others similarly situated, -against- Plaintiffs, FEDERAL EXPRESS
More information================================================================================ U.S. SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C.
================================================================================ U.S. SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q [X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR
More informationEnforcing U.S. Patents on Blockchains Distributed Worldwide
BNA s Patent, Trademark & Copyright Journal Reproduced with permission from BNA s Patent, Trademark & Copyright Journal, 95 PTCJ 731, 04/20/2018. Copyright 2018 by The Bureau of National Affairs, Inc.
More informationMay 21st, 2013 UNDERSTANDING THE FINANCIAL VALUE OF YOUR PATENT PORTFOLIO: A PRACTICAL GUIDE TO TECHNOLOGISTS AND ENGINEERS
UNDERSTANDING THE FINANCIAL VALUE OF YOUR PATENT PORTFOLIO: A PRACTICAL GUIDE TO TECHNOLOGISTS AND ENGINEERS PRESENTATION TO IEEE CNSV: IP SIG May 21st, 2013 Efrat Kasznik, Founder & President Foresight
More informationWhen Does A Little Equal Enough?
When Does A Little Equal Enough? Development and filing of an ANDA to market a generic drug requires many considerations. One important consideration concerns the evaluation of the patent landscape protecting
More informationCBOE HOLDINGS, INC. FORM 10-Q. (Quarterly Report) Filed 08/06/13 for the Period Ending 06/30/13
CBOE HOLDINGS, INC. FORM 10-Q (Quarterly Report) Filed 08/06/13 for the Period Ending 06/30/13 Address 400 SOUTH LASALLE CHICAGO, IL 60605 Telephone 312 786 7200 CIK 0001374310 Symbol CBOE SIC Code 6200
More informationDecided: April 20, S15Q0418. PIEDMONT OFFICE REALTY TRUST, INC. v. XL SPECIALTY INSURANCE COMPANY.
In the Supreme Court of Georgia Decided: April 20, 2015 S15Q0418. PIEDMONT OFFICE REALTY TRUST, INC. v. XL SPECIALTY INSURANCE COMPANY. THOMPSON, Chief Justice. Piedmont Office Realty Trust, Inc. ( Piedmont
More informationRIGHT TO INDEPENDENT COUNSEL: OVERVIEW AND UPDATE
RIGHT TO INDEPENDENT COUNSEL: OVERVIEW AND UPDATE Wes Johnson Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 4452 Telephone: 214 712 9500 Telecopy: 214 712 9540 Email: wes.johnson@cooperscully.com
More informationINSURANCE COVERAGE COUNSEL
INSURANCE COVERAGE COUNSEL 2601 AIRPORT DR., SUITE 360 TORRANCE, CA 90505 tel: 310.784.2443 fax: 310.784.2444 www.bolender-firm.com 1. What does it mean to say someone is Cumis counsel or independent counsel?
More informationSecurities, Financial and Directors & Officers Litigation. Practice Overview
Securities, Financial and Directors & Officers Litigation Practice Overview Seyfarth Shaw LLP Capabilities Our Securities, Financial and Directors & Officers Litigation Practice Group attorneys help companies
More informationUnited States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit DYNAMIC DRINKWARE, LLC, Appellant v. NATIONAL GRAPHICS, INC., Appellee 2015-1214 Appeal from the United States Patent and Trademark Office, Patent
More informationDO NOTHING EXCLUDE YOURSELF FROM THE CLASS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO California Entities That Compensated Sutter Health for Their Members Health Care Could Be Included in a Class Action Lawsuit A court authorized this
More informationLEGAL NOTICE BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING LEGAL NOTICE BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS If you were denied health coverage for RESIDENTIAL
More informationCase Management and Health Claims in Toxic Tort Litigation
ALI-ABA Course of Study Environmental and Toxic Tort Litigation January 26-27, 2006 Scottsdale, Arizona Case Management and Health Claims in Toxic Tort Litigation By D. Alan Rudlin George P. Sibley, III
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DEBBIE ANDERSON, Plaintiff, v. No. 4:15CV193 RWS CAVALRY SPV I, LLC, et al., Defendants, MEMORANDUM AND ORDER This matter is before
More information) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DANIEL AUDE, Individually and on Behalf of All Others Similarly Situated, vs. Plaintiff, KOBE STEEL, LTD., HIROYA KAWASAKI, YOSHINORI ONOE, AKIRA
More informationINDEPENDENT COUNSEL AFTER DAVALOS
INDEPENDENT COUNSEL AFTER DAVALOS Tarron Gartner Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202-4452 Telephone: 214-712 712-9500 Telecopy: 214-712 712-9540 Email: tarron.gartner@cooperscully.com
More information