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Vonage sees hope in Supreme Court patent crackdown
Patent Law | 2007/05/02 08:37

Vonage Holdings Corp., an Internet telephone company, asked a federal appeals court to throw out a patent verdict it lost in March, based on a U.S. Supreme Court opinion issued yesterday. The company today asked the U.S. Court of Appeals for the Federal Circuit in Washington to overturn a jury finding that Vonage infringed three Verizon Communications Inc. patents and send the case back to the trial court. The high court decision bolsters the argument that Verizon's patents are invalid, Vonage said in court papers.

"We are very encouraged by the Supreme Court's decision," Jeffrey Citron, chairman of Holmdel, New Jersey-based Vonage, said in a statement. The ruling "should have positive implications for Vonage and our pending patent litigation with Verizon," he said.

The high court devised a new test for determining when an invention is too obvious to warrant patent protection. The ruling makes it harder for those applying for patents, as well as patent holders seeking to win infringement lawsuits, to show they have developed a genuine innovation.

"There is no merit" to the Vonage request, John Thorne, New York-based Verizon's deputy general counsel, said in a telephone interview. "It's a delaying tactic to avoid final resolution of the appeal."

Yesterday's Supreme Court ruling concerning patent validity overturned a decades-old test used by the Federal Circuit. The case centered on the requirement that an invention be "non- obvious" and not simply combine prior inventions.

Vonage was ordered by U.S. District Judge Claude Hilton in Alexandria, Virginia, to stop adding customers after losing the patent ruling. On April 24, the company won its request in the appeals court to continue business as usual while it appeals.

The appeals court, which specializes in patent law, has set a June 25 hearing to consider Vonage's bid to reverse the jury verdict.



Murdoch's Bid for Wall Street Journal Rejected
World Business News | 2007/05/02 08:34

Media tycoon Rupert Murdoch's bid for the company that publishes the Wall Street Journal is facing opposition from the company's controlling shareholders. The Bancroft family has rejected Murdoch's initial $5 billion offer for the Dow Jones Company. However, some family members revealed an interest in selling, which could spur a larger offer from Murdoch or from competing groups. The Wall Street Journal is a well-respected business publication that has the second-largest circulation of all U.S. newspapers.

The journal would give credibility to a new business news channel that Murdoch's company, News Corp, plans to put on cable television later this year.

News Corp's bid is worth about 65 percent more than Dow Jones' recent market share. Many U.S. newspapers are losing readers and advertisers to online news sources.

The most recent study shows U.S. newspaper circulation falling more than two percent over the past six months.



Bingham McCutchen buys Los Angeles law firm
Law Firm News | 2007/05/02 06:33



Continuing its steady growth, Bingham McCutchen LLP has acquired Alschuler Grossman LLP, a 40-lawyer Los Angeles firm, bringing Bingham's head count to nearly 1,000 lawyers.

The Boston-based firm is merging with Alschuler Grossman LLP, a 40-lawyer outfit known for litigation. It will be Bingham's eighth acquisition since 1997 and its third in California since 2002. Bingham McCutchen now has 350 lawyers in California and nearly 1,000 worldwide.

Alschuler Grossman, which also handles real estate, real estate finance, mergers and acquisitions, and intellectual property work, successfully represented Arthur Andersen LLP in a $1.3 billion class action securities lawsuit filed in Arizona state court. It currently represents Grupo Televisa S.A. in its battles with Univision Communications Inc. and is defending Blockbuster Inc. from a patent infringement lawsuit filed by Netflix Inc.

Bingham's clients include Oracle Corp., Bank of America N.A., Boston Scientific Corp.
http://www.bingham.com



Gonzales gave firing authority to aides
Breaking Legal News | 2007/05/02 06:28

An internal US Department of Justice order disclosed Monday by the National Journal gave two top aides to Attorney General Alberto Gonzales wide discretion to fire and hire political appointees within the Department who were not subject to Senate confirmation. The memo, dated March 2006, authorized then-Gonzales chief of staff D. Kyle Sampson and Gonzales's White House liaison, a post later filled by Monica Goodling, "to take final action in matters pertaining to the appointment, employment, pay, separation, and general administration" of almost all non-civil service DOJ employees. Sampson  and Goodling both resigned earlier this year in the midst of controversy over their roles in the firings of eight US Attorneys for allegedly political reasons.

An early version of the March order had authorized the officials to act without even having to consult the Attorney General, but the wording of the instrument was later revised at the urging of the DOJ Office of Legal Counsel, which was concerned about the constitutionality of such broad-brush delegation of power. An unnamed "senior executive branch official" quoted by the National Journal said of the order that it was "an attempt to make the department more responsive to the political side of the White House and to do it in such a way that people would not know it was going on." Senate Judiciary Committee Chairman Patrick Leahy (D-VT) expressed similar concern over the root strategy apparently reflected in the order, saying in a statement Monday:

This development is highly troubling in what it seems to reveal about White House politicization of key appointees in the Department of Justice. The mass firing of U.S. attorneys appeared to be part of a systematic scheme to inject political influence into the hiring and firing decisions of key justice employees. This secret order would seem to be evidence of an effort to hardwire control over law enforcement by White House political operatives.

Leahy called for the order and its supporting materials to be formally turned over to the Senate and House Judiciary committees looking into the US Attorney firings.



Law firm partner pleads guilty to tax evasion
Tax | 2007/05/02 03:32

A Dallas law firm partner pleaded guilty Tuesday to tax evasion and faces prison time and fines. George Bryan McDonald, a partner with McDonald and Cole LLP, admitted skimming a portion of the settlements due clients of the personal injury law firm. His partner, David Cole pleaded guilty to similar charges last week, U.S. Attorney Richard Roper said. The two wrongfully took $61,457 in 2001 and $77,516 in 2002 and failed to report the income on the firm's tax returns.

Mr. McDonald faces a maximum of 18 months in prison as part of his plea deal; Mr. Cole faces up to 2 years of probation. Both face penalties from the Internal Revenue Service. They will be sentenced Aug. 15.



Dell ends Microsoft's grip on its computers
Venture Business News | 2007/05/02 03:29

Dell is moving forward with plans to sell computers pre-installed with Linux, the "opensource" operating system that competes with Microsoft's dominant Windows. The world's second-largest PC maker has chosen the Ubuntu 7.04 version of Linux, code-named Feisty Fawn, after receiving a flood of requests for the option to choose the software when it asked consumers for suggestions on a new website called IdeaStorm.

Dell's decision to ship Linux is a blow to Microsoft, the world's largest software maker, which makes the lion's share of its profits from Windows. Opensource projects make the computer code behind their software freely available, but can charge for support services. In contrast, groups such as Microsoft charge a license fee to use the computer code itself.

The best-known opensource product, Mozilla's Firefox internet browser, has been steadily chipping away at the lead of Microsoft's Internet Explorer and now accounts for as much as 25 per cent of the market in some territories.

However, Dell's move to Linux also signals a switch in tactics from the embattled computer maker as it strives to regain market share lost to Hewlett Packard, which has also offered Linux-powered computers.

In February, Michael Dell, the group's founder, resumed his position as chief executive of the company, replacing his protege Kevin Rollins. The move came amid criticism that Dell had concentrated too much on its famously efficient supply chain at the expense of customer service and listening to what consumers want.

The decision to return to Linux in response to consumer demand marks a u-turn for Dell, which first offered the opensource system in 1999 but withdrew it two years later, citing insufficient demand.

Dell has not given any pricing details on its Linux products, or how they would compare to Windows PCs.

Consumers who buy Linux machines from Dell will have the option to buy support services from Canonical, a company that has sponsored Ubuntu.



Dr. Hinder Joins Hogan & Hartson's Berlin Office
Law Firm News | 2007/05/01 16:42





Hogan & Hartson LLP announced today that Dr. Jens-Uwe Hinder will strengthen the firm’s Berlin office. Dr. Hinder joins Hogan & Hartson from Hammonds, where he has practiced as a partner and the head of the tax practice since 2002. An experienced international transactions partner, Hinder will play an important role in the further expansion of Hogan & Hartson’s national and international tax practice in Germany.

Dr. Hinder advises national and international businesses and has extensive experience in the structuring of real estate transactions. Additionally, he focuses on international tax planning, advising on tax matters related to M&A transactions, tax structuring of funds, and settlement (transfer) prices.

“We are delighted that Dr. Hinder is joining our Berlin office,” said Dr. Gernod Meinel, managing partner of the firm’s Berlin and Munich offices. “Due to the constant increase of our advisory activities related to international transactions, we are experiencing an increased demand for integrated tax advice. After strengthening our tax practice in Munich with the addition of Sebastian Kost as well as expanding our private equity practice with Dr. Uwe Steininger, we have now gained a highly qualified partner that is the ideal addition to our transactional team in Germany.”

“By moving to Hogan & Hartson, I have the opportunity to further develop the tax practice of a global law firm and to expand it on an international level. In addition to this attractive challenge, I have been inspired by the professional competence of the Hogan & Hartson team as well as the friendly atmosphere at this firm,” commented Dr. Hinder.

Dr. Hinder, who is both an attorney and a tax consultant, studied at the universities of Bonn and Freiburg and received his doctorate degree at the University of Münster. His legal career started 1991 at Brandi, Dröge, Pilz & Heuer in Detmold, Germany. After completing his Master of Laws degree at the University of San Diego and the second state exam in law 1995, Dr. Hinder worked at KPMG, followed by joining the law firm of Schmidt Hampel-Dorrmann Schmidt in 1999 and joining Hammonds in 2002.


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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website and help you redesign your existing law firm site to secure your place in the internet.
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