Jones Day

1. Merial, BASF Hit Virbac With Pesticide Patent Suit

Friday, Mar 19, 2010

Agricultural chemical companies Merial Ltd. and BASF Agro BV have accused Virbac Corp. of infringing a patent through its testing of a pesticide to control fleas and ticks.

2. Kerkorian Firm To End Insider Trading Suit For $8M

Thursday, Mar 18, 2010

Kirk Kerkorian's private investment firm Tracinda Corp. has agreed to pay $8.1 million in cash, plus interest, to end a long-running insider trading class action by shareholders who accused executives of unloading DaimlerChrysler stock before the price fell in 1999.

3. UK Asks EC To Probe P&G's Sara Lee Deal

Thursday, Mar 18, 2010

Britain's Office of Fair Trading wants the European Commission to investigate Procter & Gamble Co.'s proposed acquisition of Sara Lee Corp.'s air care business.

4. Verizon Sues To Block Cablevision TV Boxes

Wednesday, Mar 17, 2010

Verizon Communications Inc. has filed suit against Cablevision Systems Corp. in the U.S. International Trade Commission, seeking to stop Cablevision's importation of digital TV set-top boxes that allegedly infringe five Verizon patents.

5. Baja Fresh Seeks To Keep Cash In Pepsi Contract Spat

Monday, Mar 15, 2010

Baja Fresh is asking for summary judgment in PepsiCo Inc.'s suit claiming the fast food chain must repay incentive money it took to serve Pepsi products because it decided to sell Coca-Cola Co. products once its contract expired.

6. Why Some IP Boutiques Fail

Monday, Mar 15, 2010

Despite the recent death of Darby & Darby PC, it may be too soon to mourn the passing of the intellectual property boutique business model, but experts say these specialty firms have some inherent vulnerabilities.

7. Jury Hands Widow $17.5M In RJ Reynolds Suit

Friday, Mar 12, 2010

A Florida jury has reportedly directed R.J. Reynolds Tobacco Co. to shell out $17.5 million in damages to a woman whose husband died of lung cancer after smoking for 38 years.

8. Metabolite, LabCorp Royalties Spat Sent To 10th Circ.

Thursday, Mar 11, 2010

The U.S. Court of Appeals for the Federal Circuit has bumped to a sister court Metabolite Laboratories Inc.’s quest for further royalties from Laboratory Corp. of America Holdings over vitamin deficiency tests, holding that the claims involve breach of a licensing agreement and not patent issues.

9. Obama Nominates 2 For 2nd, Fed. Circs.

Thursday, Mar 11, 2010

President Barack Obama has nominated federal securities fraud prosecutor Raymond J. Lohier to fill a vacancy on the U.S. Court of Appeals for the Second Circuit and Judge Kate O'Malley from the Northern District of Ohio to a seat on the U.S. Court of Appeals for the Federal Circuit.

10. Claims Trimmed In CAA Suit V. Midwest Generation

Thursday, Mar 11, 2010

A federal judge has thrown out 10 of 38 claims in a Clean Air Act suit brought by the U.S. Environmental Protection Agency against Midwest Generation EME LLC, ruling that the provisions of the law at issue apply only to the construction of a power plant, not its operation.

11. RJ Reynolds Fights Over Trial Info In Larynx Cancer Suit

Thursday, Mar 11, 2010

R.J. Reynolds Tobacco Co. and a woman who claims she developed larynx cancer after smoking Salem-brand cigarettes are engaged in a bitter feud, with both sides in the long-running suit battling over the information that should be allowed at an upcoming trial.

12. Fed. Circ. Upholds $356M In Damages For Anchor

Wednesday, Mar 10, 2010

A federal appeals court has upheld $356 million in damages awarded to Anchor Savings Bank FSB in Anchor's suit accusing the federal government of breaching contract, the latest development in a still-pending case stemming from the 1980s savings and loan crisis.

13. OHIC Wins $6.1M Prejudgment Interest From Reinsurer

Wednesday, Mar 10, 2010

A federal judge has granted OHIC Insurance Co. summary judgment in its bid for $6.1 million in prejudgment interest in a coverage fight with Employers Reinsurance Corp. over a medical negligence settlement against policyholder Children’s Health Systems Inc.

14. In A Market Abuzz With Laterals, Buyer Beware

Tuesday, Mar 09, 2010

A recent boom in the lateral market for partners has created exciting opportunities for law firms looking to build out particular practice areas or to increase their presence in certain markets. But firms that scoop up lateral hires without taking a few key steps could wind up regretting those choices down the road, hiring attorneys said.

15. Celgene, Novartis Resolve ADHD Patent Suits

Monday, Mar 08, 2010

Celgene Corp. and Novartis AG have reached an agreement to settle separate patent infringement suits against KV Pharmaceutical Co. and IntelliPharmaCeutics Corp. over drugs that treat attention deficit hyperactivity disorder, the latter of which brought antitrust counterclaims against the pharmaceutical companies.

16. Penton Wins OK For Plan To Wipe Out $270M In Debt

Monday, Mar 08, 2010

Trade magazine publisher Penton Business Media Holdings Inc. has won approval for a prepackaged Chapter 11 reorganization plan it filed less than a month ago, clearing the way for the company to emerge from bankruptcy at least $270 million less in debt.

17. US Discovery For Canadian Class Actions

Friday, Mar 05, 2010

In this increasingly global economy, competition is no longer localized to one region, state or country. Antitrust and unfair competition lawsuits are now reaching across national borders. Today, “copycat” class actions, based on U.S. proceedings, are common in Canada, says Kate Wallace of Jones Day.

18. UK May Request EU Probe Of P&G's Sara Lee Deal

Friday, Mar 05, 2010

British competition regulators are mulling whether to refer Procter & Gamble Co.'s acquisition of Sara Lee Corp.'s air freshener unit to the European Commission for investigation.

19. SEC Settles Accounting Claims With Ex-Comverse Unit

Thursday, Mar 04, 2010

Verint Systems Inc. has agreed to an injunction to settle U.S. Securities and Exchange Commission claims that the former Comverse Technology Inc. unit overstated its financial results in order to earn more than $180 million through two public offerings in 2002 and 2003.

20. Law Firms Appeal Fees Awards In Bar Prep Case

Tuesday, Mar 02, 2010

Two law firms that helped plaintiffs secure a $49 million settlement in an antitrust class action against West Publishing Corp. and Kaplan Inc. over test preparation courses for law school admissions and the bar exam are challenging the amount a district court awarded them for attorneys' fees in the case.