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Maryland Legislature Passes False Claims Act

Bowie & Jensen Case Law and Legal Update: During the 2015 legislative session, Maryland passed a False Claims Act similar to the Federal False Claims Act. See Md. Code. Ann, Gen. Prov, § 8-101 et. Seq. This Act was a signature piece of the Frosh campaign for attorney general and was considered the Maryland Office…

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Doused Expectations: Contractor Liability Arises in New Places

Bowie & Jensen Case Law and Legal Update: A recent appellate decision makes clear that contractors owe a duty of care to prevent damage to the tangible personal property of third parties. In June, the Maryland Court of Special Appeals held that an unrelated third party may be awarded damages arising from the contractor’s negligence,…

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Teaming Agreement Nothing More Than an Agreement to Negotiate

Bowie & Jensen Case Law and Legal Update: In Advance Telecom Process v. DS Federal, the Maryland Court of Special Appeals affirmed the dismissal of a breach of contract action arising out of a “teaming agreement” between two government contractors. A subcontractor had filed suit claiming that the prime contractor had breached the teaming agreement…

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You Gotta Fight for Your Right to IP

One year ago, a federal court jury in New York awarded popular rap group, the Beastie Boys, $1.7 million resulting from the unauthorized use of several of its songs by marketers of Monster brand energy drink. Recently, the judge in the same case ordered Monster to pay an additional $668,000 toward the group’s legal fees.…

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Intellectual Property Law: The bell has not yet tolled for permanent injunctions in patent cases

On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling restrained the defendant and parties in active concert with it from “making, using, selling, or…

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Government Contracts: Timing for Challenges to Solicitation Procedures

Challenges to Solicitation Procedures, Such as Amendments to Solicitations, Must Be Made Before Contracts are Awarded  The Court of Appeals for the Federal Circuit confirmed that, where a protest is based upon a defect in the bid solicitation process, the protest must be made before the bid is awarded. In the case of Comint Systems…

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Verizon subscribers safe after patent close call, will cost them in the long run

In ACTIVEVIDEO NETWORKS, INC. v. VERIZON COMMUNICATIONS, INC., case available here Verizon mostly lost its appeal after a jury awarded the plaintiff substantial damages related to infringement of patents plaintiff held on video on demand services. The trial court also had awarded a permanent injunction against Verizon, which had it been upheld, Verizon would have…

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Beware of the inducement bogeyman

In AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC. (Fed Cir. August 31, 2012) the en banc court held that a person can be liable for inducement to infringe even if the direct infringement is only found by combining the acts of more than one other person. You can read all 103 pages of the case…

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Right of Publicity after death

In The Hebrew University of Jerusalem V. General Motors, LLC, CV10-03790 AHM (JCx) (U.S. D. Ca March 16, 2012) the court refused to grant summary judgment on a claim that GM’s otherwise licensed use of an image of Albert Einstein violated the rights holder’s post mortem publicity right. The decision is linked here.

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