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Case Summaries

Intellectual Property

[06/21] Storer v. Clark
In a patent interference case relating to a treatment for hepatitis C, the district court's judgment is affirmed where the appellant's provisional specification lacked enough information to synthesize the target compound and therefore did not support a claim of priority and interference.

[06/19] Matal v. Tam
In a trademark case in which the lead singer of the rock group 'The Slants' chose this moniker in order to 'reclaim' the term and drain its denigrating force as a derogatory term for Asian persons, and then sought federal registration of the mark 'THE SLANTS,' the en banc Federal Circuit's judgment overruling The Patent and Trademark Office (PTO)'s denial of the application under the Lanham Act's disparagement clause, is affirmed where: 1) the disparagement clause applies to marks that disparage the members of a racial or ethnic group; and 2) the disparagement clause violates the First Amendment's Free Speech Clause.

[06/19] NexLearn LLC v. Allen Interactions, Inc.
In a suit alleging breach of a non-disclosure agreement (NDA) and infringement of a patent for social situation software, the district court's dismissal of the complaint is affirmed for lack of personal jurisdiction.

[06/15] Emerachem Holdings, LLC v. Volkswagen Group of Am., Inc.
In an infringement action involving a patent claiming methods for regenerating a devitalized catalyst/absorber that has absorbed and oxidized nitrates and nitrites after extended exposure to pollutants in the combustion gases of engines, the Patent Trial and Appeal Board's decision that certain claims would have been obvious is: 1) affirmed as to certain claims where Campbell '558 is prior art under 35 U.S.C. section 102(e); and 2) vacated and remanded as to other claims where the Board violated the APA's requirements of notice and an opportunity to respond with regard to Stiles.

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Commercial Law

[06/21] Stadnick v. Vivint Solar, Inc.
In a securities class action complaint, the plaintiff wanted the court to apply a 1st Circuit test for financial disclosures and argued they were misled by the company, but the Court of Appeals declined to adopt the 1st Circuit test and concluded the shareholders were not misled, affirming the district court's decision.

[06/21] Monster, LLC v. Beats Electronics, LLC
In a petition for writ of mandate in an underlying tort action in which Monster alleged that Beats Electronics engaged in fraud to deprive them of interest in the company, and the headphone manufacturer filed cross-claims for breach of contract and argued that the court, rather than a jury, could determine the amount of damages, the petition is granted where defendant is entitled to a jury trial on the issue of attorney's fees.

[06/21] The Park at Cross Creek v. City of Malibu
In an action by a real estate developer seeking to strike down a voter initiative designed to limit developments, the trial court's decision is affirmed where the measure at issue exceeded the initiative power and was illegal.

[06/20] SJJC Aviation Services v. City of San Jose
In a case involving an airport lease and operating agreement, brought by a company alleging that the city had a flawed bidding process, the trial court's denial of plaintiff's leave to amend its petition and complaint is affirmed.

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