RETAIL CASES
U.S. 9th Circuit, May 02, 2008
Doran v. 7-Eleven, Inc., No. 05-56439
In a suit against 7-Eleven under the Americans With Disabilities Act (ADA), summary judgment for 7-Eleven is affirmed in part, but vacated in part and remanded where: 1) the district court properly granted summary judgment to 7-Eleven on the issues of whether the store's aisle width and the store's refusal to allow him to access the employees-only restroom violated the ADA; but 2) contrary to the ruling below, plaintiff had standing to challenge the barriers to his wheelchair access in the 7-Eleven store that he learned about through his expert's site inspections. (Superseding opinion)
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ADDITIONAL CASES INVOLVING RETAIL COMPANIES
U.S. Fed. Circuit Court of Appeals, May 07, 2008
Decisioning.com, Inc. v. Federated Dep't Stores, Inc., No. 2007-1277, 2007-1278, 2007-1308
In a patent infringement action involving automated financial account processing systems, summary judgment of non-infringement in favor of defendants is affirmed in part, vacated in part, and remanded where: 1) the construction of "remote interface" only encompasses publicly-accessible computer equipment and not consumer owned personal computers; 2) thus, defendant-Federated was entitled to summary judgment; 3) defendants-TD Ameritrade and HSBC were entitled to summary judgment only with respect to systems that are accessed solely via consumer-owned personal computers; but 4) further proceedings were required as to those defendants based on certain modified claim constructions.
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