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Number of summaries found: 20
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| Court: | U.S. Fed. Circuit Court of Appeals |
| Topic: | Commercial Law, Cyberspace Law, Intellectual Property, Patent |
| Title: | Netcraft Corp. v. eBay, Inc. |
| Date: | 12/09/08 |
| Case Number: | 2008-1263 |
| Summary: | In a patent infringement suit over internet billing methods, summary judgment for defendants is affirmed where the claim language "providing a communications link through equipment of the third party" was properly construed to require providing customers with internet access. |
| Court: | Supreme Court of Texas |
| Topic: | Civil Procedure, Health Law, Injury And Tort Law, Professional Malpractice |
| Title: | In re Baylor Med. Ctr. at Garland |
| Date: | 08/29/08 |
| Case Number: | 06-0491 |
| Summary: | In a medical malpractice case in which a jury found for defendant-hospital and the trial judge subsequently entered an order for a new trial, the rule that an order granting a new trial cannot be "ungranted" more than 75 days after it is signed is overruled, and defendant's petition for mandamus relief is abated to allow the new presiding judge to consider whether to grant a new trial. |
| Court: | Supreme Court of California |
| Topic: | Administrative Law, Environmental Law, Water Law |
| Title: | In re Bay-Delta Programmatic Envtl. Impact Report Coordinated Proceedings |
| Date: | 06/05/08 |
| Case Number: | S138974 |
| Summary: | In a case involving whether a final program environmental impact statement/environmental impact report (PEIS/R) for the CALFED Program failed to comply with the California Environmental Quality Act (CEQA), a ruling finding that the PEIS/R failed to comply with the Act is reversed where: 1) CALFED properly applied the rule of reason when it decided to consider in the PEIS/R only alternatives that have the potential to both achieve ecosystem restoration goals and meet current projected water export demands, and that will provide balanced progress in all four of the program areas without including a reduced exports alternative; 2) the PEIS/R complied with CEQA by identifying potential sources of water and analyzing the associated environmental effects in general terms; and 3) the PEIS/R complied with CEQA in analyzing the impacts of the Environmental Water Account in general terms and deferring project-level details to subsequent project-level EIR's. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Attorney's Fees, Cyberspace Law, Intellectual Property, Trademark |
| Title: | Applied Info. Sciences Corp. v. eBay, Inc. |
| Date: | 12/28/07 |
| Case Number: | 05-56123, 05-56549 |
| Summary: | In order for an owner of a federally registered trademark to mount an infringement action against a user of the trademarked name on goods or services that are not the same as those specified in the owner's trademark registration, the plaintiff must establish a valid, protectable interest in order to proceed to the second prong of the trademark infringement analysis, the likelihood of confusion resulting from the defendant's alleged infringing use. Once a protectable interest is established by proving plaintiff is the owner of a registered trademark, the owner does not additionally have to show that the defendant's allegedly confusing use involves the same goods or services listed in the registration. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Civil Procedure, Contracts, Cyberspace Law, Intellectual Property, Trademark |
| Title: | Perfumebay.com Inc. v. eBay Inc. |
| Date: | 11/05/07 |
| Case Number: | 05-56794, 05-56902 |
| Summary: | In a trademark infringement case involving whether various forms of the mark "Perfumebay" infringe upon the trademark "eBay," a district court's decision finding that Perfumebay.com infringed eBay's trademark but denying certain other claims is affirmed in part, but reversed in part where the district court erred: 1) in holding that Perfumebay's marks did not produce a likelihood of dilution, as the marks are nearly identical to eBay's mark; and 2) in finding that eBay acted with unclean hands in its advertising, as the record did not affirmatively demonstrate the requisite intent to deceive. |
| Court: | U.S. Fed. Circuit Court of Appeals |
| Topic: | Cyberspace Law, Drugs & Biotech, Intellectual Property, Trademark |
| Title: | In re Bayer Aktiengesellschaft |
| Date: | 05/24/07 |
| Case Number: | 2006-1279 |
| Summary: | In proceedings involving Bayer's efforts to register the mark "ASPIRINA" in connection with analgesic goods, a Trademark Trial and Appeal Board ruling that the proposed mark "ASPIRINA" was merely descriptive for analgesic goods is affirmed as the ruling was supported by substantial evidence. |
| Court: | U.S. 7th Circuit Court of Appeals |
| Topic: | Banking Law, Bankruptcy Law, Civil Procedure, Commercial Law, Consumer Protection Law, Contracts, Cyberspace Law, Retail |
| Title: | McCready v. eBay, Inc. |
| Date: | 07/10/06 |
| Case Number: | 05-2450 |
| Summary: | Dismissal of suit against online auction site and individuals is affirmed, and order to show cause why sanctions should not be imposed is issued, where: 1) facts alleged by plaintiff showed that his claims were meritless; 2) plaintiff failed to adequately state a claim for rescission; 3) the court did not have jurisdiction over state law claims; and 4) plaintiff abused the judicial process with frivolous litigation. |
| Court: | Supreme Court of Delaware |
| Topic: | Attorney's Fees, Contracts, Health Law, Labor & Employment Law, Remedies |
| Title: | Delaware Bay Surgical Servs., P.A. v. Swier |
| Date: | 05/22/06 |
| Case Number: | 370, 2005 |
| Summary: | Under the Wage Payment and Collection Act (WPCA), an employer may withhold wages when there are reasonable grounds for a dispute between the employer and employee arising out of the employment contract. When an employee leaves owing an employment-related debt to his employer, the employer may deduct the employee's debt from final wages. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Cyberspace Law, Intellectual Property, Patent, Remedies |
| Title: | eBay Inc. v. MercExchange, L.L.C. |
| Date: | 05/15/06 |
| Case Number: | 05–130 |
| Summary: | The traditional four-factor test applied by courts of equity when considering whether to award permanent injunctive relief to a prevailing plaintiff applies to disputes arising under the Patent Act. A judgment reversing the denial of a motion for permanent injunctive relief in a patent infringement case against eBay is vacated where neither court below correctly applied the traditional four-factor framework that governs an award of injunctive relief. |
| Court: | California Appellate Districts |
| Topic: | Administrative Law, Environmental Law, Water Law |
| Title: | In re Bay-Delta Programmatic |
| Date: | 10/07/05 |
| Case Number: | C044267 |
| Summary: | Plaintiffs successfully challenge the environmental impact report, under a program to improve water quality in the San Francisco Bay, on the ground that the report fails to include an adequate discussion of the impact of diverting water to meet the program's goals. |