Tag Archives: Motion

OCA Provides Conviction Sealing Motion Form and Instructions – Too Bad it should not be DIY Project.

New York’s Office of Court Administration Wrongly Encourages Non-Lawyers to File Complex Legal Motions Using Incomplete FormIn October, 2017, a new conviction sealing law became effective in New York that greatly expanded the circumstances when a person with up to … Continue reading

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Judge Andrews Grants Defendants’ Motion for Summary Judgment on Five Claims of Two Patents-in-Suit After Finding Those Claims Are Directed to Patent-Ineligible Material

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del., August 28, 2018), the Court, among other things, granted Defendants’ Motion for Summary Judgment on claims 11, … Continue reading

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Nominative fair use defense in 2d Cir goes about as well as you'd expect on motion to dismiss

Excelsior College v. Wolff, 2018 WL 3964703, No. 17-CV-0011 (N.D.N.Y. Aug. 16, 2018)Excelsior alleged that Wolff infringed its rights by advertising and selling a test preparation service that uses Excelsior’s registered marks and copyrighted material for a Clinical Performance Nursing … Continue reading

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Federal Trade Commission may open up the wireless chipset market even prior to Qualcomm trial: motion for partial summary judgment

Four months prior to the FTC v. Qualcomm antitrust bench trial in the Northern District of California, the U.S. Federal Trade Commission has brought a motion for partial summary judgment that has the potential to make a far greater contribution … Continue reading

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Judge Gross (Bankr. D. Del.) Grants Insider’s Motion to Dismiss Chapter 7 Trustee’s Claims to Avoid Prepetition Setoffs

In Judge Gross’s Miller v. D&M Holdings US Inc. (In re Digital Networks N.A. Inc.) opinion, the Court granted Defendant’s 12(b)(6) motion to dismiss Plaintiff-Trustee’s attempt to avoid prepetition setoffs which accrued to Defendant, yet denied the Motion as it … Continue reading

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