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Court Overturns $2.5M Patent Award For Exergen
Headline Legal News |
2009/08/07 08:41
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According to Courthouse News, the Federal Circuit reversed a $2.5 million award for Exergen in a patent dispute over infrared thermometers.
Systems Application of Advanced Technology (SAAT) makes radiation-detecting thermometers that allegedly infringe on Exergen's patents. The thermometer detects radiation from skin near the temple on a person's forehead and converts the reading to the patient's oral temperature.
The case proceeded to trial, and the jury awarded Exergen $2.5 million in lost profits, finding that SAAT had directly violated two patents and induced infringement of a third patent. The jury also rejected SAAT's defense that the patents weren't valid.
However, as the case was appealed, both the circuit court and the district court agreed that SAAT's argument, known as inequitable conduct, requires it to identify the who, what, where and how of the alleged misrepresentation or omission. In this regard, SAAT's pleading fell short, Judge Linn concluded.
The court reversed the final judgment for Exergen on validity and infringement, and dismissed SAAT's inequitable conduct claim. |
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Navy Can Keep Weapons Files Secret, Court Says
Headline Legal News |
2009/08/06 09:13
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Courthouse News reports that the US Navy does not have to disclose the locations and potential blast ranges of military weapons stored on a small island in Puget Sound, a 9th Circuit panel ruled in a 2-1 opinion.
Glen Scott Milner, a lifelong Puget Sound resident and member of the Ground Zero Center for Nonviolent Action, filed a Freedom of Information Act request seeking information on weapons stored at Washington's Naval Magazine Indian Island. Though the Navy oversees all operations on the island, the weapons are also used by US Joint Forces, the Department of Homeland Security, and other federal agencies and allied forces.
Milner managed to buy a section of the Navy's operations manual on the Web - information that the Navy considers restricted, the ruling states. He then sought documents listing the types of weapons and explosives kept on the island and their arc maps, along with safety instructions and operating procedures.
The Navy withheld 81 of the 1,000 files that met his parameters, and Milner filed suit in order to view the remaining documents.
The Seattle-based appellate panel allowed the government to keep those 81 documents confidential, because they fell under FOIA Exemption 2, which protects internal personnel rules and practices. The three-judge panel rejected Milner's attempt to cast the exemption as applying only to law enforcement materials. |
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National Park Security Checkpoints Upheld
Headline Legal News |
2009/08/05 09:08
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According to Courthouse News, the 9th Circuit on Tuesday upheld the use of checkpoints at the entrances to the Sequoia and Kings Canyon national parks to stop illegal hunting.
The checkpoints ensnared Ricardo Fraire, who was charged with drunk driving after a ranger smelled alcohol on his breath and observed that his eyes were bloodshot and glassy. Fraire gave the ranger permission to search his vehicle, where the ranger found several open alcohol containers.
Fraire argued that the checkpoint violated his Fourth Amendment right against unlawful search and seizure.
Finding the security stops reasonable, the three-judge panel in San Francisco upheld the lower court's ruling for the government. |
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Gambling Challenge Too Late, Ohio Justices Rule
Headline Legal News |
2009/08/04 09:05
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According to Courthouse News, the Ohio Supreme Court ruled that it is too late for gambling opponents to object to a petition for an initiative that would legalize more gambling in Ohio.
The Ohio Jobs and Growth Committee filed a petition in June that, if passed by voters, would allow casino gambling in Cleveland, Cincinnati, Columbus and Toledo.
A horse-track operator objected to the petition, challenging the validity of some of the signatures and addresses.
Ohio Secretary of State Jennifer Brunner ruled on July 21 that the petition had enough valid signatures to make it onto the ballot.
In a per-curiam decision, the Ohio Supreme Court justices ruled that Brunner did not have the obligation to investigate the matter further. |
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NHL Investigating Chicago Blackhawks' Contract With Hossa
Headline Legal News |
2009/08/03 14:01
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The NHL is investigating the contract between the Blackhawks and free agent Marian Hossa, according to a published report.
The Ottawa Sun reported Thursday night that the league is trying to determine if the 12-year, $62.8 million deal Hossa signed July 1 circumvents the collective bargaining agreement and salary cap.
Hossa's contract results in a $5.23 million cap hit each year over the length of the deal, but much of the money is to be paid up front, with $7.9 million annually for the first seven years and tapering down to $750,000 the final two years.
The NHL is investigating whether the Hawks discussed with Hossa the possibility the 30-year-old winger would retire before the contract expires, which would end the cap hit.
If you're having a contract problem, the a href=http://www.brinkmeierroth.com/practice-areas.htmlChicago contract attorneys/a at a href=http://www.brinkmeierroth.com/Brinkmeier Roth Law Group/a can help. They can also assist if you need a a href=http://www.brinkmeierroth.com/practice-areas.htmlsmall business lawyer/a. Contact them today to a href=http://www.brinkmeierroth.com/contact.htmlset up a consultation/a. |
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