Today, the U.S. Supreme Court issued two opinions that cut back on protection of patent rights. One dealt with restricting the overseas reach of U.S. patent law, Microsoft Corp. v. AT&T Corp., No. 05-1056 (U.S. Apr. 30, 2007), and the other concerned the "obviousness" doctrine as a limit on patent validity, KSR Int’l Co.
Seventh Circuit Puts Color Photo in Opinion
Oops!
Last week, Blawgletter just learned, the Seventh Circuit published an opinion that included the color photograph, similar to the one above, of a Southwest Airlines jet after it slid off a runway at Chicago’s Midway airport on December 8, 2005. The picture seems unnecessary to the decision — which ordered remand of the case
Tort-O-Rama: WSJ Attacks “Tort Bar”, Tries to Steal Its Lunch Money
Blawgletter loves to read The Wall Street Journal, both for its superb factual reporting and for its zany opinions. Kimberley Strassel‘s latest Potomac Watch column — "Tort Tribute" — nicely illustrates the latter.
Ms. Strassel, a 1994 Princeton graduate and former writer on technology and real estate, may seem an unlikely
Blue Cross to Up Docs’ War Chest
Blue Cross agreed to pay $128 million, plus up to $49 million in attorneys’ fees, to settle doctors’ class action allegations of underpayment on insurance claims. The settlement benefits more than 900,000 physicians and requires court approval. See NYT story here.
Earlier, Cigna paid the docs $85 million, and Aetna shelled out $170 million.
No Backsies, First Circuit Rules
Joan and David Berenson’s agreement with Fidelity Brokerage required arbitration of all claims other than ones on behalf of a class. The Berensons sued and sought class certification. The parties agreed that the district court could resolve the merits before deciding the class certification motion. On motion by Fidelity, the court granted summary judgment as
Federal Circuit Kicks Patent and Copyright Infringement Judgment
The Federal Circuit today did what it does best — reconstrued patent claims and, as a result, reversed a district court’s judgment. The court also tossed the district court’s conclusion of copyright infringement, holding that the plaintiff failed to establish ownership as a matter of law. PODS, Inc. v. Porta Stor, Inc., No. 06-1504
Eleventh Circuit Adheres to Bizarre Jurisdiction Rule
Today, the Eleventh Circuit reversed and remanded dismissal of a petition to compel arbitration. The underlying case involved claims for usury under Georgia law against a "payday loan" company. A payday loan lasts only two weeks or a month — until the next payday — but earns annual interest rates up to several hundred percent.
New York Court of Appeals: Breach-Inducer Can’t Defend by Claiming Profit Devil Made Him Do It
The New York Court of Appeals ruled today that a competitor can’t defend against a claim for tortiously interfering with contracts binding customers to another competitor by alleging a "generalized economic interest" in soliciting business. White Plains Coat & Apron, a linen rental company, alleged that Cintas, a competitor, persuaded customers to break their agreements
ERISA Plan Can’t Start Limitations Period Before Right to Sue Accrues
The Fourth Circuit held today that a disability plan under the Employee Retirement Income Security Act cannot begin the running of a limitations period before the plan participant’s ability to file a lawsuit arises. The plan before the court put the participant in a Catch-22 situation — she had to sue within three years of
International Lawyer Coach Inspires Lawyers
Blawgletter doesn’t embarrass easy, mind you, but a recent post by International Lawyer Coach Janet Moore brought color to our cheeks. Thank you, Janet.
Janet indeed earned rave reviews for her Rainmaking Basics in a Global Economy training at Susman Godfrey‘s Dallas office retreat a couple weeks ago. She even inspired Blawgletter to take