Articles Tagged with California

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A federal court judge in California has halted sales of Samsung’s Galaxy Tab 10.1 so the court can decide whether that device infringes upon Apple’s patent for the iPad. Not surprisingly, Samsung is already appealing the court’s injunction in this patent infringement case. Ironically, the U.S. district judge had actually declined to halt Galaxy 10.1 sales initially until the U.S. Court of Appeals for the Federal Circuit ordered her to reconsider her prior decision.

After reconsidering, the U.S. district judge changed her ruling, stating that Samsung may not compete ‘unfairly’ with Apple, and that Samsung may not ‘flood’ the market with infringing products. One technology expert warns that this patent infringement battle is far from over. According to him, both companies are likely in this for the long haul, and the fight could drag on for some time.
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An interesting business litigation suit alleging cybercrime fraud has been settled for a reported $600,000 before the case could proceed to trial. In this California business litigation case, the California small business Village View Escrow alleged that their banking institution failed to enact appropriate levels of security to protect their online banking system. According to Village View Escrow, Professional Business Bank was thus liable for the alleged electronic siphoning of approximately $466,000 from Village View’s bank accounts which then ensued.

Unfortunately, cybercrime fraud like this appears to be a booming industry. It can be difficult, though by no means impossible, for small businesses like Village View Escrow to hold larger financial institutions liable for damages in alleged cybercrime cases like this one. Typically, it seems that laws are written to favor financial institutions, however as this case appears to demonstrate, small businesses can prevail in business litigation suits and gain settlements that reimburse them for damages suffered due to electronic fraud.
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A contract dispute between technology juggernauts Oracle Corp. and Hewlitt-Packard Co. is heating up in litigation. One HP representative claimed in court that his company was “shocked” at Oracle’s abrupt announcement in 2011 that it would no longer offer software support to HP, allegedly breaking its contractual commitment with the company.

The breach of contract allegation comes after years of the two technology companies reportedly working well together without a written contract. The HP representative claimed that long period of cooperation on joint engineering of Oracle software supporting HP platforms came to an end six months after a mutual agreement was reached regarding HP’s former CEO transition to become co-president of Oracle.
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California-based Google is finally ending several business disputes over the scanning of books that have copyright protection. The company has been involved in legal spats with several foreign companies including Syndicat National de l’Edition, Hachette Livre and La Martiniere Group. The business disputes occurred after the companies accused Google of scanning out-of-print books that still were under copyright.

There were also disputes between them over access to content that was copyrighted, as well as privacy issues. The settlement between the companies has no specific financial awards but does include sponsorship of a school-reading program. Google also plans to sell some of the copyrighted works they’ve scanned as e-books and will share any proceeds made with the publishers.
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After a request for an extension was denied, the highly anticipated California trial between Activision and the two men they fired will begin 29 May. Activision, the company that created the wildly successful “Call of Duty” franchise, is being sued by the two men they fired in 2010. The two men are co-creators of the “Call of Duty” video game. They were accused by Activision of breach of contract and stealing intellectual property for personal gain and then fired.

The men sued Activision for wrongful termination. They are asking for over $1 billion in unpaid royalties, bonuses and punitive damages. Activision has counter-sued them for the alleged breach of contract and intellectual property theft.
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The Americans Disabilities Act, or ADA for short, has been in effect for decades. While it was created to ensure that those with disabilities are able to visit businesses with ease and in comfort, it has cast a much wider net as the years have passed. The use of lawsuits to force compliance even after a small business has done its best to fulfill all requirements often leads to a need for business litigation in California and across the county.

In 2008, the owner of an auto center in Roseville was provided with a letter stating that he was not compliant with current ADA laws. He immediately sought legal advice. It turns out he was not compliant, but made the necessary changes so that he was — special outside table, proper signage and a parking space. With the changes made, the owner figured this was the end of the issue.
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Companies often face unexpected market conditions that may cause them to change their plans. While it is not always possible to plan for every contingency, it may nonetheless be possible to create a well-rounded business plan that allows a company the flexibility to react quickly and effectively. California-based business startup BrightSource Energy recently experienced this first-hand.

BrightSource is a solar thermal company that builds large solar electric generating systems in desert regions. Currently, its flagship project is a 392-megawatt facility that it is constructing in the Mojave Desert, and which will be the largest solar thermal power plant in the world once construction is finished in 2013. It also recently received a $1.6 billion loan guarantee from the Department of Energy and was due to issue an IPO soon.
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When deciding to start a business, there are number of considerations that may need to be taken into account. For example, there may be business formation issues relating to inventory control, staffing and leases. One California small business, though, decided to ditch all that when they took their bakery and catering business to the web.

Although many small businesses have an online presence these days, they typically do not involve freshly baked produce. However, after examining their options, one Sacramento-based business decided to go the online-only route. They now operate two websites: one that delivers personalized cakes and baked goods overnight to all 50 states, and another that specifically targets the local area and delivers the food directly to a home or office.
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When faced with a lawsuit from a large organization, a small business may not necessarily know how to fight back, much less have the resources to do so. That appears to be the case with a recent wave of lawsuits filed against small businesses in California. These lawsuits are targeted at businesses that fail to make the appropriate payment for playing a pay-per-view event. However, the amount sued for to cover the alleged copyright infringement may not always be suitable, as one business lawsuit made clear.

In that incident, a small business owner of a bar in Aptos, California found himself facing a lawsuit for $160,000 in damages for a pay-per-view event his bar displayed. However, in this case, the event was turned on by a patron and not by the bar itself. Normally, the cost of displaying the event would have been $800.
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Mergers and business acquisitions often involve a host of complicated issues that are not necessarily easily resolved. That may in turn lead to business litigation, such as a breach of contract dispute. Indeed, that appears to be what happened after the recent acquisition of Monarch HealthCare by UnitedHealth Group in November 2011.

Before the acquisition, Monarch had a contract with Blue Shield of California through which it offered services to a little more than 19,000 of Blue Shield’s customers in Orange County. According to Blue Shield, the sale of Monarch to UnitedHealth Group violated a provision of their contract. Blue Shield subsequently notified Monarch that the contract would be terminated effective May 1.
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