Single Anti-Gay Remark Sufficient for Hostile Workplace Claim, N.J. Court Says Aug 15, 2008
Somerset County Judge Allison Accurso dismissed the LAD claims on summary judgment. Since the employer had articulated a nondiscriminatory reason for the firing, the burden was on Kwiatkowski to present evidence that the stated reason was a pretext for an invidious motive, and Accurso found no clear evidence from which the court could infer that his homosexuality was well known within the company. (Law.com)
Oral Arguments Heard in JPMorgan-Bear Stearns Merger Case Aug 14, 2008
But on Monday, New York state Judge Herman Cahn held a summary judgment hearing that spiced up a quiet August day ... The hearing was on the defendants' motion for summary judgment. (Law.com)
Mixed Ruling in Cozen O'Connor's Terrorism FOIA Case Aug 13, 2008
"Summary judgment will be denied, and Treasury will be given an opportunity to explain the parameters of its search to assure that it was adequate to find responsive documents," Savage wrote ... Justice Department lawyers moved for summary judgment dismissal of the suit, arguing that the Treasury Department's search was adequate and that it properly asserted FOIA exemptions with ample descriptions of the documents it withheld. (Law.com)
Court Rules in Village's Favor in Suit Aug 13, 2008
" Dixon said Jackson and the other plaintiffs would have to pay the village's attorney fees in the case. He granted Newman's motion for summary judgment against Jackson's suit as well, throwing the entire suit out. Pinehurst will have until Sept. 3 to submit its application for a fee award. Contact John Chappell at 783-5841 or by e-mail at jchappell@thepilot.com.. (The Pilot Newspaper)
Pa. Judge OKs Malpractice Suit Against Nixon Peabody Aug 12, 2008
In March 2007, the Kentucky court granted the housing defendants' motion for summary judgment. A settlement was then reached in which the defendants agreed to dismiss their counterclaim and Rubin agreed not to appeal the summary judgment order, Sheppard said. (Law.com)
Scientist says deal cost her, UGA millions Aug 11, 2008
On April 24, 2007, Athens-Clarke County Superior Court Judge David Sweat ruled in favor of the university on a motion for summary judgment, yet Kaswan hopes to overturn that. Because they re so stubbornly litigious that any hope of resolving this is past, she said. (Atlanta Business Chronicle, GA)
Officials meet today in court over county's suit against its auditor, Don Cozad Aug 11, 2008
Visiting judge Jerry Calhoun will preside over the case at 10:30 a.m. in the auxiliary courtroom to hear a motion for summary judgment in the case at the Collin County Courthouse, 2100 Bloomdale Road in McKinney. Calhoun was asked to oversee the case after 219th District Court Judge Curt Henderson recused himself because the county district judges supervise and appoint the county auditor. (McKinney Courier-Gazette, TX)
Landlord is found guilty of burglary Aug 10, 2008
But before trial, Day filed for summary judgment, which Honolulu District Court Judge David Lo scheduled for hearing on July 12, 2006. By that time, Hood had moved to California. (Honolulu Star-Bulletin)
OCEANSIDE: Arguments take shape in MiraCosta lawsuit Aug 10, 2008
Attorneys representing Richart and MiraCosta have filed their own request for summary judgment in the case. They have asked Nugent to dismiss Page's lawsuit, stating that he is on the wrong track when he cites a section of state code that limits contract buyouts to 18 months of salary and benefits. (North County Times)
University Wins Patent Fight Involving Potentially High Financial Stakes Aug 9, 2008
In an order handed down July 24, U.S. District Judge Thomas W. Thrash Jr. granted Emory's motion for summary judgment in the case ... "This order specifically relies on Nova's failure to respond under the local rules as creating admissions that justify summary judgment," Nodine said ... "From our perspective, the judge's approach is interesting. He chose to rely on the local rules ... [with] a very clear holding that if you fail to comply with the local rules, it will result in defaults that can... (Law.com)
Judge backs town in Framingham Police overtime suit Aug 9, 2008
The town is within its legal rights to calculate police officer overtime on a 24-day payment scale rather than pay the time-and-a-half rate based on a 40-hours-per-week structure, according to a federal judge's summary judgment ... Now, with the U.S. District Court Judge George O'Toole Jr.'s summary judgment, that amount could be considerably less if and when the court matter continues ... The defendants have the option to appeal the summary judgment decision after a final decision regarding the... (Framingham TAB, MA)
Jailed Attorney Ordered to Pay Malpractice Award Aug 8, 2008
An imprisoned former attorney was ordered to pay $250,000 in damages to a client whose case against the Metro-North Commuter Railroad was lost because the lawyer failed to oppose a motion for summary judgment ... The railroad moved for summary judgment on June 2, 2000, but Holder failed to oppose the motion ... Given a second, and then a third chance, he never delivered opposition papers and summary judgment for the railroad was ordered Aug. 14, 2000. (Law.com)
Court orders end to suit filed by Burtons ex Aug 8, 2008
The California Court of Appeals issued a ruling on Wednesday ordering a lower court judge to grant a motion by Burtons attorneys for a summary judgment. The move halts a trial scheduled for next week that would have focused on the couples nearly decade-long relationship, which ended in 2001. (MSNBC -- News)
Rosetta Resources Inc. Announces Record Second Quarter 2008 Production and Revenues and Provides Operational Update Aug 8, 2008
On July 7, 2008, the Company filed a letter with the Bankruptcy Court in New York setting forth the legal deficiencies in Calpine Corporation's claims and requesting the required conference with the Court prior to filing a motion for summary judgment in Rosetta's favor as to all claims by Calpine Corporation. Rosetta is seeking dismissal of the action given the evidence that the transaction by which Rosetta acquired the oil and gas business conducted by Calpine Corporation's subsidiaries... (Primezone Releases)
Tim Burton, Morgan Freeman, Usher Aug 8, 2008
The California Court of Appeals issued a ruling ordering a lower court judge to grant a motion by Burton's attorneys for a summary judgment. The move halts a trial scheduled for next week that would have focused on the couple's nearly decade-long relationship, which ended in 2001. (International Herald Tribune -- Arts)
4th Circuit Rejects CACI's Defamation Claims Against Air America Radio Host Aug 7, 2008
They were making progress when federal district Judge Gerald Bruce Lee granted Air America's motion for summary judgment. In a unanimous ruling by a three-judge panel, the court wrote again and again that Rhodes' rants -- even that CACI interrogators ordered the rape of children -- were "not demonstrably false.". (Law.com)
The Cablevision decision, part 1: Buffering is not copying Aug 7, 2008
The district court granted summary judgment. The dispositive question in the case, according to the court and the parties, was who makes the copies. (ZDNet)
Judge Limits Damages in Would-Be Partner's Suit Against Orrick Aug 6, 2008
Ruling on summary judgment motions, the judge said the suit could proceed on fraud and breach of contract claims but only for nominal damages. He dismissed Hoeffner's claims for promissory estoppel, unjust enrichment, breach of fiduciary duty and intentional infliction of emotional distress. (Law.com)
Attorney Can Be Sued for Negligence That Forced Client to Settle Litigation Aug 5, 2008
Puder arose in the context of a divorce settlement, and the July 30 ruling, which overturns a grant of summary judgment to a lawyer, is one of number of recent decisions that are chipping away at the doctrine in a non-matrimonial cases ... Superior Court Judge Theodore Winard granted summary judgment to Baugh, finding Puder applied because the agreement Hernandez signed said the settlement was "fair and reasonable.". (Law.com)
2nd Circuit Backs Cablevision's Remote Recorder Against Programmers' Lawsuit Aug 5, 2008
The 2nd U.S. Circuit Court of Appeals overturned a grant of summary judgment to film and TV producers who claimed Cablevision's system would directly infringe their copyrights by making unauthorized reproductions and by engaging in public performances. Judges John M. Walker Jr., Robert D. Sack and Debra Ann Livingston decided the appeal in , 07-1480-cv. (Law.com)
5th Circuit Throws Out Malpractice Summary Judgment Win for Duane Morris Aug 2, 2008
The 5th U.S. Circuit Court of Appeals has thrown out a summary judgment win for in a lawsuit alleging that one of the law firm's partners bungled a trademark infringement case involving an LSAT test-prep company. The three-judge panel found on July 30 that the federal district court lacked subject-matter jurisdiction in granting summary judgment to the law firm, after deciding that the state law malpractice claim did not arise from the federal trademark law and therefore was not properly in... (Law.com)
Another Circuit Court Kicks Judge Real Off Case Aug 2, 2008
At first with another judge, RCT won a summary judgment motion that some of Microsoft's products were infringing. But after the case was given to Real, things went Microsoft's way. (Law.com)
Court date is set in West Point tax suit Aug 2, 2008
A lawsuit against the West Point Fire Protection District goes to trial Aug. 14, in the wake of a failed attempt by Concerned Citizens for Responsible Government to delay the proceedings and secure a summary judgment in the case. William Doherty, of West Point, the driving force behind Concerned Citizens, has challenged the results of a benefit assessment election in which a large majority of property owners in the district agreed to levy parcel fees on themselves in order to have 24-hour... (The Union Democrat)
More of this story Aug 2, 2008
The character of this neighborhood is changing forever with a continuation of an R-10 project, Nicholson wrote in opposition to Core Investment s request for summary judgment in the firm s favor. The stability is being upset with more houses, more cars, more people, more traffic, more noise, more activity, Nicholson claimed. (Newport Daily News, RI)
Judge Tosses Don King's $2.5 Billion Libel Suit Against ESPN Aug 1, 2008
5 billion suit in a summary judgment ruling for ESPN. ... "But I thought we had enough here to get by summary judgment." He says King's team will appeal to a state appeals court. (Law.com)
Braunschweig, county reach settlement Aug 1, 2008
In his motion for summary judgment, Braunschweig alleged that: The Board acted illegally in appointing Holmes because it didn't comply with Iowa Code Sections 69. 14A and 331. (Algona Upper Des Moines, IA)
Astra 2Q profit up 13 percent, outlook upbeat Aug 1, 2008
In addition, we have mitigated the biggest near-term financial risks with the Nexium patent settlement and the successful summary judgment motion for Seroquel ... Earlier this month, a decision by a U.S. court to award a summary judgment in AstraZeneca's favor avoided the need for a full trial and meant that generic copies of Seroquel, its anti-psychotic drug and second-best seller which raked in $4 billion in sales last year, will not be launched any time soon. (San Diego Union-Tribune -- Business)
Attorney takes legal steps to sell bank for unpaid fees Jul 31, 2008
District Judge Terry Flenniken, who presided over the case, issued a summary judgment against the bank and ordered it to pay 10,100 in Smith s legal fees. Haley is Smith s attorney. (Brenham Banner, TX)
Inmate's case vs. CPD, sheriff dismissed Jul 31, 2008
The dismissal was filed after attorneys for the city, county and individual defendants filed motions for the court to grant a summary judgment to the defendants. Court records said the summary judgment was never ruled on because the dismissal was filed. (Cody Enterprise, WY)
Judge finds ITV Direct liable for claims Jul 31, 2008
In its motion for summary judgment, the FTC filed an eight-count complaint against the defendants. With regard to the coral calcium infomercial, the FTC argued the program made representations that coral calcium is an effective treatment or cure for cancer, Parkinson s disease and heart disease. (Beverly Citizen, MA)
The Al-Jazeera Constitution Jul 30, 2008
(T)he courts order on summary judgment certainly indicates potential constitutional pitfalls to the manner in which Georgia Tech administers its student activity fee program. Based on Head (the relevant precedent), the court finds that Plaintiffs are the only prevailing party in this litigation. (Townhall.com)
Disabilities Law Covers Sex Disorders, D.C. Circuit Rules Jul 29, 2008
Zellers says many of the cases brought under the Rehabilitation Act and the , which protects private employees, wash out on summary judgment because employees fail to clear the first hurdle: proving they are disabled. In some circuits, the statute is construed to cover those who can't care for themselves, perform manual tasks, walk, see, hear, speak, breathe, learn or work. (Law.com)
Farm owner, agency tussle over housing Jul 26, 2008
Meyer turned down the state's request for an extension, and Lewis' attorney John Privitera says he plans to move for summary judgment. The farm has until Aug. 4 to do so. (Auburn Citizen, NY)
U.S. Court of Appeals Affirms Trial Court's Decision that Motorola Phones Do Not Infringe University of Texas System Patent Jul 26, 2008
July 25 /PRNewswire-FirstCall/ -- In an opinion issued on July 24, the U.S. Court of Appeals for the Federal Circuit affirmed a district court order granting summary judgment in favor of Motorola, Inc. (NYSE: ) and its customers on infringement claims asserted in a patent case brought by the Board of Regents of the University of Texas System ("University of Texas System") ... In affirming summary judgment in Motorola's favor, the Federal Circuit held that the District Court correctly construed... (PR Newswire)
Coverup alleged in fatal I-95 foot chase Jul 25, 2008
Meanwhile, attorneys for the police have appealed a March ruling by U.S. District Court Judge Robert N. Chatigny that denied the city s request for summary judgment, effectively ruling that three police officers must stand trial in the civil rights lawsuit filed by Tyson s family ... In his ruling denying summary judgment, Chatigny stated that conflicting police accounts of what happened played a role in his decision to not dismiss the case. (New Haven Register, CT)
Judge rules infomercials deceptive Jul 25, 2008
In its motion for summary judgment, the FTC filed an eight count complaint against the defendants ... O Toole granted the FTC s motion for summary judgment on six of the eight counts ... He wrote that the remaining counts whether the format of the Supreme Greens infomercial was deceptive and whether automatically billing and shipping customers without first obtaining consent was an unfair trade practice cannot be resolved on summary judgment. (Saugus Advertiser, MA)
Palenick gets his day in court Jul 24, 2008
Judge George Eichwald is scheduled to hear oral arguments supporting motions for summary judgment from Palenick s attorney, Daniel Faber, and Randy Bartell, who is representing the city ... The facts of the case will be hashed out at the hearing and if both sides agree to the facts then Eichwald could issue a summary judgment in favor of either side. (Rio Rancho Observer, NM)
Attorney General's Role in Tobacco Settlement Precludes Punitive Damages Suit, Panel Rules Jul 23, 2008
In August 2007, Justice Ramos denied the tobacco companies' motion for summary judgment with respect to both punitive and compensatory damages. He held that the Fabianos' punitive damages claims were not barred by res judicata and noted that "[p]laintiffs in this action are pursuing a private claim which by definition cannot be encompassed within the parens patriae umbrella.". (Law.com)
Foreclosure Halted for Couple Who Say They Were Tricked Into Selling Home Jul 23, 2008
After discovery is completed, the judge said that the bank could reapply for its judgment by means of a summary judgment motion. Jace McColley of the New Jersey office of , represented Washington Mutual. (Law.com)
State seeks judgment vs. schools Jul 23, 2008
Fulton County Superior Court Judge Elizabeth Long heard arguments Tuesday regarding the state's motion for summary judgment, which would allow the judge to rule in favor of the state without going to trial ... Lawyers representing the consortium argued summary judgment is not appropriate because many facts are in dispute. (Atlanta Journal-Constitution -- Metro)
West Bend contractor fined for bluff work in Mequon Jul 23, 2008
In a motion for summary judgment in the case, prosecutors from the state attorney general s office contended that Matuszczak repeatedly violated permit conditions, changed plans without informing the state Department of Natural Resources and promoted erosion by taking too long to complete the project. Reader Comments. (Milwaukee Business Journal, WI)
U.S. Federal Circuit Court of Appeals Fully Upholds Eisai's Favorable Ruling in Aciphex(R) Patent Infringement Lawsuit Against Teva Pharmaceuticals and Dr. Reddy's Laboratories Jul 22, 2008
TOKYO and WOODCLIFF LAKE, N.J., July 21 /PRNewswire/ -- With respect to Eisai's patent infringement lawsuit against Teva Pharmaceuticals and Dr. Reddy's Laboratories concerning Aciphex(R) (generic name: rabeprazole sodium tablets, Product Name in Japan: Pariet(R)), Eisai Co., Ltd. and its U.S. subsidiary Eisai Inc. (collectively "Eisai") today announce that the United States Court of Appeals for the Federal Circuit has affirmed both the United States District Court for the Southern District of... (PR Newswire)
Judge sides with county over water, sewer lines Jul 19, 2008
In granting summary judgment in favor of the commission, Honzel said that Ruth Swenson, who lives next to the fairgrounds, didn t really raise any genuine issues as to material facts. That s good news to Commissioner Ed Tinsley. (Helena Independent Record, MT)
Congress Aims to Expand the ADA Jul 19, 2008
"There's absolutely no doubt it will mean more litigation because the definition of disability is significantly loosened, so more cases will survive summary judgment," said Frank Morris, head of the labor and employment practice in 's Washington office and co-chairman of the firm's disability law group. "The other reason for a lot more litigation is this will open up many more situations to accommodation requests.". (Law.com)
Lawyer Wins Lengthy Fee Fight With Former Client at Texas Supreme Court Jul 19, 2008
In 2000, the court-at-law rendered a partial summary judgment in favor of Sacks and his firm, ruling that they were entitled to attorney fees of about $30,000 incurred in preparing the briefs for Haden's appeal and for an unspecified amount of attorneys' fees incurred in pursuing the contract claim ... As noted in the Supreme Court's opinion, Sacks and the firm sought summary judgment on the reasonableness of the attorney fees incurred in their collection effort. (Law.com)
Daily Briefing Jul 19, 2008
After denying ATtion to grant it summary judgment last month, U.S. District Judge John Lungstrum on Thursday rejected ATquest to reconsider his order. The long-running case comprises dozens of class-action lawsuits that were filed nationwide and eventually consolidated before Lungstrum in federal court in Kansas City, Kan. (Atlanta Journal-Constitution -- Business)
Nearly completed transload facility receives first loads Jul 19, 2008
Meanwhile, Caldwell County Railroad Company and the Caldwell County Economic Development Commission (which became the Caldwell Railroad Commission after a restructuring) have received a summary judgment to dismiss a lawsuit filed by Schwarz rz, LLC that sought to compel the railroad to maintain a crossing into an industrial park the company owns off U.S. 321-A (Norwood Street) in Lenoir ... Patti granted a stay order of his summary judgment that allows Schwarz rz to continue using its entrance... (Lenoir News Topic, NC)
Appeals Court: N.Y. Firm Liable for Acts of Retained Fla. Counsel Jul 18, 2008
The ruling granted Whalen's motion for summary judgment for her claim that DeGraff Foy was negligent for failing to supervise the Bailey firm. Bailey Hunt later changed its name to the Bandsawe Residual Corp., which filed for bankruptcy in the late 1990s. (Law.com)
Verdict in Novell/SCO Case a Mixed Bag Jul 18, 2008
"The court ... did not determine the value of the SVRX Licenses contained in the 2003 Sun or Microsoft agreements on summary judgment," Kimball said in his ruling ... August's summary judgment also did not address the SCOsource licenses that SCO was trying to sell to Linux end users. (SmallBusinessComputing)
Philadelphia Stock Exchange Settlement Faces One More Bump in Contentious Road Jul 17, 2008
While the cases filed in the Eastern District were all dismissed at the summary judgment stage, Kastenberg said the Ginsburg case had something different. The shareholders were questioning whether six investors' ownership of nearly 90 percent of the company violated a technical rule that no one owner or owners acting in concert could own more than 20 percent of the exchange. (Law.com)
USF sports economist Porter testifies in Miami stadium challenge Jul 17, 2008
Porter's testimony took place late on the second day of the trial, despite midday discussion about moving for dismissal or summary judgment. The economist called into question surveys the city of Miami and Miami-Dade County have used to justify the $525 million stadium project that reference improved quality of life anticipated by the project. (Tampa Bay Business Journal, FL)
Team wins human trafficking case Jul 17, 2008
The judge ruled on summary judgment essentially saying there were enough undisputed facts that there was no need to go to trial. Handley, who knew the slain men s hometown from his Peace Corps days, went to Nepal last month to oversee the wire transfer of the first $100,000 payment. (Washington Business Journal, DC)
Powell Goldstein's $2 Million Punitive Win to Face Challenge Jul 16, 2008
Claiming a breach of the rules established for exhibitors, webMethods refused to allow GT employees back in the venue, dismantled GT's booth and threw away all its promotional materials, according to Martin's summary judgment order prior to the jury trial ... GT's news release, which it distributed at the conference, promoted Ivory as both a cheaper substitute for the product webMethods was discontinuing as well as a cheaper alternative to the replacement software made by another firm with which... (Law.com)
Lawsuit over gun accusation heads to court Jul 16, 2008
The three-judge panel said a Hamilton County judge erred when she entered a summary judgment against Thomas Williams and Sanford Kelsey ... However, Hamilton Circuit Judge Judith Proffitt entered a summary judgment in favor of Tharp and Papa John's. (Rensselaer Republican, IN)
ICE agents not immune from lawsuit Jul 14, 2008
The order was issued Friday by U.S. District Judge Robert Echols in a motion for summary judgment made by ICE agents represented by the U.S. Attorney for Middle Tenn. While the defendants are denied immunity, the plaintiffs in the case may not recover money damages from the unnamed ICE agents acting on behalf of the U.S. Government, the judge ruled. (Columbia Daily Herald, TN)
Fitch Affirms Sherwin-Williams' IDR at 'A'; Outlook Stable Jul 13, 2008
During the same month, the Missouri Supreme Court affirmed summary judgment for the defendants, which concluded the public nuisance case in favor of SHW and the other defendants. In June 2007, a Milwaukee, Wis. (FOXBusiness)
Judge Bars Suit Alleging Negligence by Hedge Fund Accountants Jul 13, 2008
In granting summary judgment in favor of the accounting firm, the court articulated "its own standard of review," which Ramos said synthesized the fault aspect of the in pari delicto doctrine, the standing aspect of the Wagoner rule, and applicable defenses. Ramos said the Wagoner rule presumptively "deprives a bankruptcy trustee of standing to assert a claim against a third party" for wrongdoing committed "with the cooperation of management." He noted that while the liquidators are not... (Law.com)
Suit Against Firm Over Howard Hughes' Cash Set for Trial Jul 13, 2008
"They owed us a duty of full disclosure -- anything that was going to impact us. "If they had disclosed to us that deal, and all of the ramifications of it, we would have insisted on being included in it or we would have objected," Harrison says. But Fogler, a partner in Houston's who represents Andrews Kurth, says the Cook estate is entitled to none of the proceeds from the contingent-fee agreement Andrews Kurth had with Hughes' maternal heirs. "Very simply, the obligation of the law firm to... (Law.com)
Court limits firms' liability for harm Jul 13, 2008
He said that trial judges are entitled to toss cases before an actual trial if there are no "genuine issues of material fact" and the party is entitled to summary judgment. And Brammer said even where certain "facts" support the claim, the judge should grant summary judgment if reasonable people could not agree that those facts support the allegation ... But the judge said that complaint should have been addressed to the trial court as an application to compel discovery and not in their... (AZCentral -- Business)
When advertising imitates art Jul 13, 2008
In 1987 a federal court granted summary judgment to the artist Saul Steinberg, who claimed that a poster for the Columbia Pictures film "Moscow on the Hudson" copied his famous New Yorker cover "View of the World From 9th Avenue." (Like Steinberg's drawing, the poster had a detailed rendering of four Manhattan city blocks in the foreground and a sketchy view of the rest of the world in the background. . (International Herald Tribune -- Arts)
Plaintiffs Score With E-Mail Evidence in Multidistrict Price-Fixing Case Jul 4, 2008
"This court is not a wholly-owned subsidiary of your companies. I am against you hiding information from the public. If we get to summary judgment in this case nothing will be under seal," he said. Alsup told plaintiffs attorney William Isaacson, of Boies, Schiller & Flexner, that he didn't care "if it is under seal and it is the recipe for Coke, you have my permission to blurt it out." The class certification question has significant ramifications. (Law.com)
Company May Pursue Fraud Claims Against Foley Partner Jul 3, 2008
The decision in , No. 07-7137, overturned a district court's ruling that granted summary judgment to Burr and the other defendants ... Although the appeals court in the June 27 decision threw out the lower court's summary judgment ruling in favor of Burr and the other defendants, it rejected Media General's damages claim for $10 million above the cost of litigating the employee's lawsuit. (Law.com)
Firms' Request for NSA Records of Guantanamo Client Communications Dismissed Jul 3, 2008
Southern District of New York Judge Denise Cote granted the government's summary judgment motion dismissing a Freedom of Information Act request by law firms, law professors and nonprofit attorneys for records of any National Security Agency intercepts of their communications with their clients. Cote's decision in Wilner v. National Security Agency, 07 Civ. (Law.com)
Astra shares up 6 pct on Seroquel court ruling Jul 3, 2008
The decision by a U.S. court to award a summary judgment in AstraZeneca's favor avoids the need for a full trial and means that generic copies of Seroquel, which raked in $4 billion in sales last year, will not be launched any time soon ... A summary judgment of "No Inequitable Conduct" is traditionally difficult to win because it requires the company to prove the intent of the patent holder. (Yahoo News -- Pharmaceutical Industry News)
Summary Judgment Granted for SEROQUEL(R) Patent Litigation Jul 2, 2008
July 1 /PRNewswire-FirstCall/ -- AstraZeneca (NYSE: AZN) today announced that the US District Court for the District of New Jersey has granted the company's Motion for Summary Judgment of No Inequitable Conduct ... Since the Court granted AstraZeneca's motion for Summary Judgment of No Inequitable Conduct in its entirety, trial is unnecessary ... AstraZeneca's Motion for Summary Judgment of No Inequitable Conduct sought judgment on all of the remaining liability issues in the case. (PR Newswire)
