TMB Reaches 1000 Posts

This post is the 1,001st.

That's more web posts than St. Thomas Aquinas, Proust, Diderot, and Samuel Johnson combined.

Federal Circuit -- BETTCHER INDUSTRIES, INC. V. BUNZL USA, INC.

Complex patent case - jury might reasonably have found infringement where competitor's products 'wear down' to a similar shape and function. 

Deft had adequate time to press claim construction at trial, no error in jury instructions.

(Again, these quick summaries are hardly comprehensive and quite possibly incorrect.)

Dissent - Patent void for anticipation.

BETTCHER INDUSTRIES, INC. V. BUNZL USA, INC.

Federal Circuit -- ROMERO V. DEPT. OF DEFENSE

DOD complied with correct procedures in revoking security clearance.

ROMERO V. DEPT. OF DEFENSE

Federal Circuit -- LEMANS CORP. V. U.S.

Motocross haberdashery correctly categorized by Customs svc.

LEMANS CORP. V. U.S.

Federal Circuit -- BLEDSOE V. MERIT SYSTEMS PROTECTION BOARD

No review available for Board decision declining to provide alternate work assignment for recuperating Postal worker.

Dissent - Board should have affirmed the administrative decision, not dismissed the appeal.

BLEDSOE V. MERIT SYSTEMS PROTECTION BOARD

Federal Circuit -- MEZZALINGUA ASSOCIATES, INC. V. INTERNATIONAL TRADE COMMISSION

"Domestic industry" element of Tariff Act not met.

Dissent.

MEZZALINGUA ASSOCIATES, INC. V. INTERNATIONAL TRADE COMMISSION

Federal Circuit -- ENGAGE LEARNING, INC. V. SALAZAR

Court of FC has jurisdiction over any express or implied contract with US.

Decision should be made on merits, not jurisdiction.


ENGAGE LEARNING, INC. V. SALAZAR

Federal Circuit -- IN RE STEPAN CO.

Deft did not have adequate warning of Board's new grounds for rejection of examiner's decision.


IN RE STEPAN CO.

Federal Circuit -- IGT V. BALLY GAMING INTERNATIONAL, INC.

Claim construction for gambling machines networking patent.

IGT V. BALLY GAMING INTERNATIONAL, INC.

Federal Circuit -- ATLANTIC RESEARCH MARKETING SYSTEMS, INC. V. TROY

Patent correctly invalidated for lack of adequate written description.

Can't argue that someone stole your patented trade secret. (As patents aren't secret.)

Mistrial granted, as juror brought prop from home, and court did not poll jurors as to possible prejudicial effects.

Multiple Allen charges are kosher in First Circuit law.


ATLANTIC RESEARCH MARKETING SYSTEMS, INC. V. TROY

Eighth Circuit -- Kreisler & Kreisler, LLC v. National City Bank

Given wording of loan agreement, when successor in interest lender moves from exact interest to bank interest in calculating the interest on a loan, borrower has no viable claim.

Kreisler & Kreisler, LLC v. National City Bank

Eighth Circuit -- Clayton Miller v. Mark Albright

 No plain error in denial of nominal damages after verdict against S1983 deft where there was no nominal damages jury instruction.

Clayton Miller v. Mark Albright

Seventh Circuit -- USA v. Joseph Persfull

Bankruptcy fraud conviction upheld, as debtor did not timely inform trustee of inheritance received on the day that debts were discharged.

USA v. Joseph Persfull

Seventh Circuit -- Belinda Egan v. Freedom Bank

Summary judgment inappropriate on Title VII gender discrim claims, given two sets of potentially plausible stories.

No jurisdiction to review magistrate's orders.

Belinda Egan v. Freedom Bank

Seventh Circuit -- USA v. Terrance McCauley

A bare-bones description and location is sufficient probable cause for an arrest.

If someone says that they saw you at the beatn' and you're arrested with a baseball bat, that's a dangerous weapon sentencing bump.

USA v. Terrance McCauley

Fifth Circuit -- Don Wesley v. General Drivers, et al

Errata.

Don Wesley v. General Drivers, et al

Fifth Circuit -- Wal-Mart Stores, Inc. v. Qore, Inc.

Where architect indemnified client against negligence claims, that contract provision can operate to compel the architect to cover fees when client successfully sues it for negligence.

BUT as K only indemnified against derivative acts of the negligence, the broad-based nature of suit means no recovery.

Wal-Mart Stores, Inc. v. Qore, Inc.

First Circuit -- Donahue v. FBI

Denial of en banc.

"Statement" - FTCA rule is absolute.

Dissent - The FBI done bad.  Sovereign Immunity has no constitutional foundation.

Dissent2 - Circuit has bias against en banc.  Injustice of outcome.

Donahue v. FBI 
The Estate of Edward Brian Hal v. US 
Donahue v. United States

And Tomorrow and Tomorrow. . . .

TMB is a few days behind on the Federal Circuit.  We'll make up the ground by the end of the week, if the crick don't rise.

Ninth Circuit -- DION STARR V. COUNTY OF LOS ANGELES

En banc denied.

Dissent - pleading not up to Iqbal standards.

DION STARR V. COUNTY OF LOS ANGELES

Eighth Circuit -- Yehud-Monosson USA, Inc. v. Habbo Fokkena

 Bankruptcy Court did not err in converting Chapter 11 filing to Chapter 7.

Yehud-Monosson USA, Inc. v. Habbo Fokkena

Eighth Circuit -- United States v. Robert Cole

 Manager/supervisor sentencing bump correctly applied, as deft had someone drive him to St. Louis.

Sentence substantively reasonable.

United States v. Robert Cole

Eighth Circuit -- Shirley Phelps-Roper v. City of Manchester, Missouri

 Municipality's ordinance restricting protesting at funerals insufficiently narrowly tailored.

Concur in J - Snyder v. Phelps controls.

Shirley Phelps-Roper v. City of Manchester, Missouri

Eighth Circuit -- Michael Osuji v. Eric H. Holder, Jr.

 Petitioner did not establish persecution.

Michael Osuji v. Eric H. Holder, Jr.

Eighth Circuit -- United States v. Geff Yielding

 TRO to enforce restitution order was properly issued.

United States v. Geff Yielding

Eighth Circuit -- United States v. Geff Yielding

Admittred statement neither hearsay nor confrontation clause violation.

No error in admitting evidence of prior bad acts.

Indictment not duplicitous.

Superseding indictment did not broaden initial indictment - no SOL issue.

No error in denial of hearing on evidence.

Representative of estate cannot waive attorney-client privilege against the interests of the estate.

No error in Obstruciton jury instruction.

Statute not too vague.

Evidence sufficient.

Several sentencing challenges - error in calculation of amount of loss to victims vs. benefit to deft.

United States v. Geff Yielding

Sixth Circuit -- In re: Richard Miller

Complex bankruptcy case.

Choice of law rules in the agreement do not trump the court's choice of law rules.

Mistaken overbid is not a ground for undoing foreclosure sale.

Overbid operates as a setoff against bank claim vs. debtor.

No due process violation for the bank where the court was irked with the bank.

In re: Richard Miller