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Case of the Day: Elcometer v. TQC-USA
The case of the day is Elcometer, Inc. v. TQC-USA, Inc. (E.D. Mich. 2013). Elcometer was a manufacturer and distributor of handheld coating thickness gauges. It sued TQC-USA, Paintmeter.com, and Robert Thoren (Paintmeter’s principal) for trademark infringement. Elcometer attempted to serve Paintmeter and Thoren via personal service and certified mail, but both attempts were unsuccessful.……
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Case of the Day: Gentile v. Biogen IDEC
Today’s case of the day, Gentile v. Biogen IDEC (D. Mass. 2013), is outside of Letters Blogatory’s scope of coverage, but I am writing about it anyway because it involves one of my favorite subjects in civil procedure, removal of cases from a state court to a federal court. In my first year of practice,……
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Case of the Day: Collins v. Oilsands Quest
The case of the day is Collins v. Oilsands Quest, Inc. (S.D.N.Y. 2012). Oilsands Quest is an Alberta business that sought bankruptcy protection from the Alberta Court of Queen’s Bench. Collins, on behalf of a putative class, had sued the company and several officers and directors on securities claims. Ernst & Young, which was Oilsands……
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Case of the Day: NML Capital v. Republic of Argentina
Worlds collide in today’s case of the day, NML Capital v. Republic of Argentina (N.D. Cal. 2013). NML Capital, Argentina’s bête noire, sought asset discovery about Argentina in aid of its judgment. Fair enough under FRCP 69. But the target of its subpoena? Chevron. How great is that? In an earlier order, which I did……
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Case of the Day: Symantec v. Acronis
The case of the day is Symantec Corp. v. Acronis, Inc. (N.D. Cal. 2013). Symantec sued Acronis, Inc., Acronis International GmbH, and the curiously named OOO Acronis for infringement of its patents for backup, recovery, and security software. OOO Acronis, the developer of the allegedly infringing software, was a Russian entity with its place of……