Practical Programs For 9th Circuit Decision
Posted on 29 January 2012 | No responses
The law practice of Lee Tran & Liang has obtained yet an additional Ninth Circuit appeal; this will be its fourth specific victory inside of the Ninth Circuit since 2009. On Jan twenty six, this year, the 9th Circuit established a grant of summary judgment that LTL secured for its client, the defendant in a copyright laws and industry dress lawsuit. Firm teammate Enoch H. Liang – combined with lawyer Daniel Taylor – defended Bedrosian’s (in Orange County) and Hirsch Glass Company (in New Jersey) both before the District Court and the Ninth Circuit. The complaintant was represented by noted intellectual property boutique Christie Parker & Hale.
As reported in LTL’s June 2010 press release, the District Court granted LTL’s motion for summary judgment on Plaintiff’s trade dress claims in mid-2009. Then, in September 2009, less than 4 days before a jury trial was scheduled to begin, the District Court also dismissed Plaintiff’s 17 copyright claims. In July 2010, Plaintiff appealed to the Ninth Circuit, arguing that the District Court erred in both holding that the scope of Plaintiff’s copyrights were “thin,” and finding that “there is no substantial similarity (much less virtual identity) insofar as the protectable items are concerned as between Plaintiff’s copyrighted products and Defendants’ glass tiles.”
After extensive briefing, on January 13, 2012, LTL Partner Enoch Liang argued the case, defending the District Court’s ruling. Fewer than a couple weeks following the oral assertion, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion. The Ninth Circuit held that “protection over designs is thin.” The Court further held that the defendants’ designs “are not ‘virtually identical’ to because the streaking effect, color blends, and appearance of randomness in designs are different…”
This verdict reaffirms the need for a two-pronged method in copyright infringement actions. Often, the issue of infringement is determined by the “scope” of the copyright that the court determines as a matter of law. Hence, in litigating copyright matters, plaintiffs should pay particular attention to avoid falling into various limiting doctrines that may limit the scope of their copyrights. Defendants should do the opposite.
Lee Tran & Liang, APLC is a California based law firm focusing exclusively on business litigation. The firm’s partners have practiced at prominent law firms, and are graduates of top law schools including Harvard, Stanford, Columbia, and Michigan. Primary practice areas, as outlined by the firm itself and every attorney directory, include business disputes (breach of contract, aggrieved investors and professionals, and commercial disputes) intellectual property litigation (patents, trademarks, copyrights, and trade secrets), and employment litigation (defense). What sets the firm apart is actually its intent of aligning itself with its customers’ needs, by delivering a variety of imaginative payment arrangements in appropriate issues.
Picking out Products In Small Business Loan Deadlines
Posted on 28 January 2012 | Comments Off
The U.S. Small Business Administration is reminding small businesses that February. 24 will be the completing due date regarding federal government economic damage catastrophe loans offered in Lee and Scott counties in Virginia. The SBA proclaimed a disaster because of extreme storms, tornadoes, straight-line gusts of wind along with floods which began on April 23, 2011.
In addition, the Small Business Administration announced this week that federal economic injury catastrophe financial loans are available to smaller businesses, small agricultural cooperatives, small businesses operating in aquaculture and the majority of private non-profit firms of all sizes situated in the counties of Dillon along with Horry in South Carolina because of Hurricane Irene that occurred in August.
“When the Secretary of Agriculture issues a disaster declaration to help farmers recover from damages and losses to crops, the Small Business Administration issues a declaration to assist eligible entities affected by the same disaster,” noted Frank Skaggs, director of SBA’s Field Operations Center East in Atlanta.
Under this declaration, the SBA’s Economic Injury Disaster Loan program is readily available to eligible farm-related and also nonfarm-related companies that suffered economic losses being a direct result of this calamity. With the exception of aquacultural organizations, agricultural companies, farmers along with ranchers are not eligible to apply to SBA.
Financing for small business can be up to $2 million, with interest rates of 3 percent for non-profit organizations and 4 percent for small businesses. Terms can be up to 30 years. The SBA ascertains eligibility in line with the size of the candidate, form of undertaking as well as its financial assets. The agency establishes financial loan levels in addition to terms based upon each applicant’s financial affliction. These may be used to pay fixed debts, payroll, accounts payable, and other bills that could have been paid had the disaster not occurred. These particular small business loans are not intended to replenish decreased sales or business earnings.
Compared – Fast Solutions Of Alder Law Firm
Posted on 26 January 2012 | Comments Off
Through the wake of the greatest court budget cuts in California‘s history, plaintiffs’ trial lawyer Michael Alder of AlderLaw, P.C. in Beverly Hills assumed the office of president of the Consumer Attorneys Association of Los Angeles (CAALA), the nation’s largest local association of plaintiffs’ attorneys, that’s comprised of very nearly 3,000 lawyers.
“Consumer lawyers are vital, now more than ever, to protecting the civil rights of people who’ve been left without access to judicial relief, which is just about everyone except the super-rich,” said Alder. “Legal bills add up to astronomical sums very quickly, because litigation is such an intensive process. Without lawyers who work on a contingency fee basis, which means they risk their own money instead of the clients’ and agree not to be paid unless they win the case, even people with big incomes quickly find their resources drained when faced with the large legal bills that result from a contested matter. Consumer lawyers must be prepared to provide leadership, vision and most of all integrity.”
Alder is seen as a steadfast proponent of plaintiffs’ couselors, also referred to as consumer lawyers, working to raise public awareness of their importance at a time of corporate fraud and abuse. He’s been a member of CAALA for 14 years and spearheaded a city-wide billboard campaign to fund billboards that highlight the good that consumer lawyers do for society. He also is one of five founding members of the Trial Lawyers Charities, a non-profit organization which donates finances and legal services to individuals in need in Los Angeles.
Alder is presently conducting some of the most cutting-edge litigation work in the united states. He’s tried in excess of seventy court cases within his career and closed over $140 million in verdicts and pay outs for his clientele in the year 2011 alone. Recently, in December 2011 he attained a nearly $33 million verdict for Concept Chaser, Co., Inc. in the advertising fraud case Concept Chaser Co., Inc. v. Pentel of America Ltd.
CAALA officially installed Alder as its 2012 president on Jan. 21 at its 63rd Annual CAALA Installation & Awards Banquet at the Four Seasons Beverly Wilshire in Beverly Hills. The group also announced its new officers and Board of Governors. For more information, visit www.caala.org.
AlderLaw, P.C. is a Los Angeles criminal attorney and plaintiffs’ law firm that represents plaintiffs in personal injury, business tort and employment litigation nationwide. The firm was founded in 2000 by attorney Michael Alder, current president of the Consumer Attorneys Association of Los Angeles (CAALA) and past CAALA Trial Lawyer of the Year. Alder has tried more than 70 cases in his career, and works with a team of seven associate attorneys. AlderLaw, P.C. obtained more than $140 million in verdicts and settlements for its valued clients last year. For information, visit www.alderlaw.com.
Uncovering Plans In Wind Power
Posted on 25 January 2012 | Comments Off
Juhl Wind Inc, leading the way in Community Wind Power, has launched the official industrial start-up and operation of the two turbine project pertaining to Gundersen Health System in Winona County, MN. The 4.95 megawatt development may be the first-of-its-kind throughout The United States to be built specifically to address the alternative energy concerns of a sizeable regional health and wellness group, in this instance, Gundersen Health System.
“This unique wind project represents the continued activity by Juhl over the past two years and highlights our strength and diversity in the community wind energy market,” said Corey Juhl, Vice President of Development for Juhl Wind Inc. “We are seeing an increased demand for large commercial and industrial organization projects such as Gundersen’s as they fit extremely well within Juhl Wind’s area of expertise. This community-based project will provide significant economic benefits to the region. As one piece of their Envision program, the wind farm project will help Gundersen Health System achieve their goal of becoming 100% energy independent by 2014.”
“This is an exciting time for Gundersen and our Envision program. This community wind project we have done with Juhl Wind was about two years in the making, and we’re happy to report that the turbines are now creating energy,” proclaimed Jeff Rich, executive director, GL Envision, LLC.
Juhl Wind is an established pioneer in Community Based Wind Power production and supervision, focused on wind power projects throughout the United States and Canada. Juhl Wind pioneered Community-Based wind farms, developing the currently accepted financial, operational and legal structure providing local ownership of medium-to-large scale wind farms. To date, the Company has completed 21 wind farm projects and provides operations management and oversight across the portfolio of renewable resources. Juhl Wind services every aspect of wind farm development from full development and ownership, general consultation, construction management and system operations and maintenance. With its consolidation of the Valley View, Winona County and Woodstock Hills wind farms, the Company has now invested in and operates 21.7 MWs of wind power through its independent power producer subsidiary, Juhl Renewable Asset, Inc. Through its Next Generation Power Systems subsidiary, Juhl Wind also provides full sales along with service to scaled-down, on-site wind turbine and solar panel projects along with the company’s bigger Community Wind Farms.
Significant Details For New Therapy for Gynecologic Cancer – The Options
Posted on 22 January 2012 | Comments Off
Sufferers who have gynecologic cancer have new optimism in a original technology currently offered at the Seidman Cancer Center at University Hospitals Case Medical Center. A team of cancer specialists, led by Robert DeBernardo, MD, is among the first in the nation to launch a dedicated program using Hyperthermic Intraperitoneal Chemotherapy (HIPEC) to treat ovarian, endometrial and select other cancers.
Carried out immediately following surgical treatment, HIPEC delivers heated chemotherapy through a ‘hot bath’ into the abdominal cavity, where it can penetrate diseased tissue directly. After the physician removes the maximum visible cancer as possible, a heated, a sterilized chemotherapy solution is distributed throughout the midsection by using a technically advanced perfusion technique to eliminate the residual cancer cells.
“This is a new and potentially revolutionary way of treating women with gynecologic cancers, which tend to be quite responsive to chemotherapy,” says Dr. DeBernardo, gynecologic oncologist at UH Case Medical Center and Assistant Professor at Case Western Reserve University School of Medicine. “Our preliminary data and experience has been overwhelmingly positive and the therapy has been well-tolerated and effective. HIPEC promises to extend lives in a meaningful way.”
HIPEC has been used for years for public health care in patients with colon, pseudomyxomas, malignant mesothelioma and appendiceal cancer, varieties of cancer that generally speaking aren’t receptive to chemotherapy, but it’s currently viewed as a promising fresh treatment method for gynecologic malignancy.
Hello world!
Posted on 22 January 2012 | 1 response
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