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Berry Plastics Held Liable for Pensions
The Delaware Court of Chancery earlier this month held Indiana-based Berry Plastics Corp. liable for pension responsibilities stemming from its $135 million purchase of a health care containers business in 2014, as the court parsed the meaning of the word "threatened."
Berry Plastics Held Liable for Pensions
The Delaware Court of Chancery earlier this month held Indiana-based Berry Plastics Corp. liable for pension responsibilities stemming from its $135 million purchase of a health care containers business in 2014, as the court parsed the meaning of the word "threatened."
Chancery Court Stays Case Under 'McWane' Doctrine
The Delaware Court of Chancery granted a defense motion to stay a case over the valuation of stock and alleged breaches of fiduciary duty in favor of a first-filed complaint in Illinois, ruling under the McWane doctrine that the parties and issues in the two actions were identical and arose out of "the same nucleus of common fact."
Chancery Court Stays Case Under 'McWane' Doctrine
The Delaware Court of Chancery granted a defense motion to stay a case over the valuation of stock and alleged breaches of fiduciary duty in favor of a first-filed complaint in Illinois, ruling under the McWane doctrine that the parties and issues in the two actions were identical and arose out of "the same nucleus of common fact."
Chancery Court Takes Bite Out of Colonel's Dog Park Suit
A colonel from Lewes has lost his bid to quiet plans for a dog park behind his property that he argued would become a nuisance when dogs played, and inevitably barked, near his otherwise peaceful cul-de-sac.
Chancery Court Takes Bite Out of Colonel's Dog Park Suit
A colonel from Lewes has lost his bid to quiet plans for a dog park behind his property that he argued would become a nuisance when dogs played, and inevitably barked, near his otherwise peaceful cul-de-sac.Effects of Federal Circuit's Decision on Standard for Joint Infringement
In Akamai Technologies v. Limelight Networks, 793 F.3d 1020 (2015), a unanimous U.S. Court of Appeals for the Federal Circuit clarified the standard for joint infringement by finding the defendant liable because it directed or controlled the actions of a third party that performed one or more steps of a claimed method. The Federal Circuit found the third party's infringing steps were attributable to the defendant because the defendant had "condition[ed] participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishe[d] the manner or timing of that performance." Only a few district courts have incorporated the reasoning in Akamai into their decisions. However, these decisions have already begun to shed light on the level of direction or control needed to attribute the actions of a third party to an alleged direct infringer.Effects of Federal Circuit's Decision on Standard for Joint Infringement
In Akamai Technologies v. Limelight Networks, 793 F.3d 1020 (2015), a unanimous U.S. Court of Appeals for the Federal Circuit clarified the standard for joint infringement by finding the defendant liable because it directed or controlled the actions of a third party that performed one or more steps of a claimed method. The Federal Circuit found the third party's infringing steps were attributable to the defendant because the defendant had "condition[ed] participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishe[d] the manner or timing of that performance." Only a few district courts have incorporated the reasoning in Akamai into their decisions. However, these decisions have already begun to shed light on the level of direction or control needed to attribute the actions of a third party to an alleged direct infringer.Trending Stories
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