Tag Archives: Dismiss

Court Partially Grants Motion to Dismiss in RMBS Certificateholder Suit

On March 2, 2018, Judge Louis L. Stanton of the United States District Court for the Southern District of New York granted in part and denied in part a motion by RMBS issuers and underwriters to dismiss five new claims … Continue reading

Posted in Banking and Finance law | Tagged , , , , , , , | Leave a comment

Text of Decision in D. Conn Motion to Dismiss re SPORTSPOD Trademark

Anthem Sports LLC v. Under the Weather, LLC, 17cv596 (D. Conn. March 6 2018) Patent and trademark dispute relating to small tents for viewing outdoor sports. As 43(B)log points out, the judge used the term SPORTSPOD generically in the decision, … Continue reading

Posted in Advertising Law | Tagged , , , , , , | Leave a comment

St. Regis Mohawk Tribe and Allergan Appeal Denial of Motion to Dismiss on Sovereign Immunity Grounds

By Kevin E. Noonan — Clearly wishing to maintain the momentum and initiative in its inter partes review proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, the St. Regis Mohawk Tribe and Allergan … Continue reading

Posted in Intellectual Property | Tagged , , , , , , , , , , | Leave a comment

Court grants airline’s motion to dismiss customer’s boarding discrimination claims

Shin v. American Airlines Group, Inc. (E.D.N.Y. Aug. 3, 2017).  The customer/plaintiff alleged that American “dramatically” refused to allow him to board a flight from DFW to Corpus Christi, Texas, “[f]or the mere fact that the Plaintiff was Korean-American,” while … Continue reading

Posted in Aviation Law | Tagged , , , , , , , , | Leave a comment

Court won't perform claim construction at motion to dismiss stage

Ecolab sued International Chemical Corp. for infringement of U.S. Patent No. 7,741,257. Ecolab argues that ICC directly infringes the '257 patent, induces third parties to infringe the '257 patent, and contributes to other's infringement of the '257 patent. ICC asked … Continue reading

Posted in Intellectual Property | Tagged , , , , , , , | Leave a comment