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Case Summaries

Intellectual Property

[10/18] Cisco Systems, Inc. v. Int'l Trade Comm.
In a patent action, the International Trade Commission's limited exclusion order for the import of certain network devices by Artista Networks, Inc., for infringing 3 patents belonging to Cisco Systems while finding no infringement on 2 other patents, is affirmed where the Commission's findings were supported by substantial evidence.

[10/16] Secured Mail Solutions v. Universal Wilde, Inc.
In a patent action, concerning six asserted patents involving methods of affixing an identifier to the outer surface of an envelope or package, the district court's dismissal on grounds of subject matter ineligibility under 35 U.S.C. section 101 is affirmed where the claims contain no additional elements transforming them from an abstract idea into a patent-eligible application.

[10/11] Organik Kimya AS v. Rohm and Haas Company
Affirming the decisions of the Patent Trial and Appeal Board sustaining the patent-ability of claims relating to certain emulsion polymers having improved opacity

[10/11] Corning v. Fast Felt Corporation
Reversing a Patent Trial and Appeal Board decision concluding that a patent relating to methods for printing nail tabs or reinforcing strips on roofing or building cover material was not obvious because once the key claim term is given its broadest reasonable interpretation the record conclusively establishes obviousness.

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Dispute Resolution & Arbitration

[10/17] Beneli v. NLRB
In a labor action, the NLRB's decision to make its new standard for deferring to an arbitration decision prospective only, and not apply it retroactively to petitioner's case, is affirmed where the decision conforms with the relevant analysis under Oil, Chem, & Atomic Workers Int'l Union Local 1-547 v. NLRB, 842 F.2d 1141 (9th Cir. 1988).

[10/17] Melendez v. San Francisco Baseball Assoc.
In a wage and hour dispute between a security guard and his employer, the San Francisco Giants, the trial court's denial of defendant's motion to compel arbitration is reversed where: 1) arbitration is not compelled by the collective bargaining agreement; but 2) is required under the Labor Relations Management Act, 29 U.S.C. section 185(a).

[09/26] Sargon Enterprises, Inc. v. Browne George Ross LLP
Reversing in part the trial court's confirmation of an arbitrator determination that a legal malpractice claim had been barred by an earlier release of claims entered into by the parties and that the filing of a malpractice action in superior court resulted in a breach of contract because the arbitrator erred in finding that an arbitration agreement included a promise to forego litigation because the plaintiff had a statutory right under the California Arbitration Act to seek a preliminary determination of arbitrability from a court.

[09/25] Mission Beverage Company v. Pabst Brewing Company, LLC
Affirming the trial court's denial of a beer brewer's motion to strike a complaint filed by a distributor who alleged breach of contract in the termination of their distribution agreement because the cancellation of a contract that is expected to be followed by negotiation and possibly arbitration doesn't qualify as protected activity under the anti-strategic lawsuit against public participation (SLAPP) statute and the ousted distributor's suit did not lack minimal merit on account of its termination and compensation clauses.

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