Intellectual property infringement case can bring high recovery | The Law Office of Peter C. Bronstein

Intellectual property infringement case can bring high recovery On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Friday, February 19, 2016. A successful patent infringement case can bring lucrative monetary damages to the plaintiff. The size of the award may be enough to remind one of the tremendous profits that are built into certain products. One recent example of an intellectual property conflict is the case of a lawsuit by a university and two of its computer engineering professors against Marvell Technology Group. The defendant is a chip maker who has agreed to pay the plaintiffs $750 million to settle a longstanding patent infringement case litigated in a federal district court located in California.The two professors had invented certain technologies that constituted a major step forward in computer chip architecture. The university started the litigation in 2009 with the claim that Marvell infringed on two patents, one issued in 2001 and another in 2002, having to do with the accurate reading of data from hard drives. One of the plaintiff professors expressed gratification that the settlement agreement finally recognized the technology for its significant value in furthering computer science. Carnegie Mellon University, where the two professors made their inventions, will net $250 million from the litigation after expenses and after the share of the two professors is deducted. In the past 15 years, Marvell has sold 2.2 billion chips made with the plaintiffs' proprietary technology. In 2012, a jury had awarded the plaintiffs a 50-cent royalty for each chip sold using the technology.However, on appeal, certain technical rulings of the appellate court sent the intellectual property case back to the trial court for further proceedings. The agreement between the parties eliminates the necessity to have another trial and will put

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February 2016 Archives | Los Angeles Business Law Blog

February 2016 ArchivesConstruction dispute in major stadium project is resolved On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Construction Litigation on Thursday, February 25, 2016. With big construction projects in California and elsewhere, there is almost always some kind of issue about cost overruns. This includes claims by contractors and developers who have gone over the contract price and are seeking payments. This type of seemingly endless construction dispute can lead to construction litigation. Fortunately, the litigation usually results in agreements that are hammered out during tough negotiations by the attorneys on their clients' behalves. Continue reading Construction dispute in major stadium project is resolved... Tags: Construction Litigation Intellectual property infringement case can bring high recovery On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Friday, February 19, 2016. A successful patent infringement case can bring lucrative monetary damages to the plaintiff. The size of the award may be enough to remind one of the tremendous profits that are built into certain products. One recent example of an intellectual property conflict is the case of a lawsuit by a university and two of its computer engineering professors against Marvell Technology Group. The defendant is a chip maker who has agreed to pay the plaintiffs $750 million to settle a longstanding patent infringement case litigated in a federal district court located in California. Continue reading Intellectual property infringement case can bring high recovery... Tags: Intellectual Property Apple hit for $626 million in intellectual property rights case On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Wednesday, February 10, 2016. The patent troll controversy reared its ugly head recently in a patent infringement jury

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Construction dispute in major stadium project is resolved | The Law Office of Peter C. Bronstein

Construction dispute in major stadium project is resolved On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Construction Litigation on Thursday, February 25, 2016. With big construction projects in California and elsewhere, there is almost always some kind of issue about cost overruns. This includes claims by contractors and developers who have gone over the contract price and are seeking payments. This type of seemingly endless construction dispute can lead to construction litigation. Fortunately, the litigation usually results in agreements that are hammered out during tough negotiations by the attorneys on their clients' behalves.A large project that recently resulted in litigation involves a major new stadium for a revered NFL team. The construction contract called for the stadium to be built for $1.1 billion. Disputed cost overruns surfaced in claims made by M.A. Mortenson Co., the contractor, for about $16 million in additional costs that the contractor demanded be paid.  The Minnesota Sports Facilities Authority, an appointed agency tasked with overseeing the construction of the Minnesota Vikings new stadium on behalf of the city and state, approved the settlement after closed-door negotiations. Although the Vikings team is not a formal signatory to the construction contract or the settlement of the dispute, the team agreed to put another $5 million into the settlement pot, which was reportedly the extra amount needed to seal the deal. The team's total contribution, as the leading tenant of the stadium, will come to $592 million.The settlement reportedly will not take any taxpayers' money. The dispute involved changes to the project design, including increased electrical capacity, the addition of walk-through metal detectors and other enhancements. The building's designers agreed to put an amount into the settlement fund. The settlement amount will be held in escrow until this summer when

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Apple hit for $626 million in intellectual property rights case | The Law Office of Peter C. Bronstein

Apple hit for $626 million in intellectual property rights case On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Wednesday, February 10, 2016. The patent troll controversy reared its ugly head recently in a patent infringement jury verdict against Apple, Inc., a California corporation, for $626 million. The plaintiff was VirnetX, a company that does not make any product or produce a service; instead, it is known as a patent 'troll' because it obtains the rights to intellectual property filings and seeks reparations from those companies who are allegedly using the benefits of the patents without paying for them. That is the primary activity of the company.The jury found the patent infringement to be deliberate, which allowed the federal judge to triple the amount of the award based on intentional infringement. This was the second time around for VirnetX, a small company with only about a dozen employees. In the first trial, the verdict against Apple was $362.8 million but that judgment was reversed by a federal circuit court of appeals and sent back for a new trial. Apple intends to once again appeal the verdict and also the size of the award. Some experts, however, see this as a justification for the 'patent troll' operational model. Based on the lucrative amount of the verdicts, VirnetX has shown the world that its role in the corporate world is not so out of favor. Another factor in the case is that it was brought in a federal forum in East Texas, where this kind of litigation appears to have established  a positive historical stronghold.At the same time that VirnetX celebrates its victory, its gains were placed into doubt by a preliminary finding of the U.S. Patent and Trade Office. It held

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Trademark dispute ushers in new names at Yosemite National Park | The Law Office of Peter C. Bronstein

Trademark dispute ushers in new names at Yosemite National Park On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Friday, January 22, 2016. An important battle over intellectual property rights appears to be occurring in several parts of the country, including California. The conflict is between the federal government and private concessionaires who claim the ownership of the trademarks associated with the hotels, landmarks, restaurants, and outdoor activities at federal parks and other sites. A trademark dispute is currently in litigation regarding the names of various hotels, restaurants and landmarks at Yosemite National Park. In response to a claim against the government of $51 million for the trademark rights at Yosemite, the National Park Service has announced that some of the most famous establishments will soon have new names. The dispute came to a head when the government granted a new 15-year contract for Yosemite's concessions to a new company last year. In so doing, it ended the concession rights of Delaware North, the company that had the exclusive contract for the businesses for the last 15 years. Delaware North claimed that it had been compelled to purchase the trademark rights when it took over the contract in 1993, and that it only wants fair compensation for its proprietary rights. The government says that the amount demanded is outrageous. The company claims that it did not set out to see the government change the names of the famous establishments. Nonetheless, the government is doing just that so that it will not be pressured while the litigation continues. In taking that position, the Parks Service seems to be intimating that the names will be restored when and if it wins or settles the litigation currently playing out in this trademark dispute.

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January 2016 Archives | Los Angeles Business Law Blog

January 2016 ArchivesConstruction project for new San Jose hospital is back on track On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Construction Litigation on Monday, January 25, 2016. It seems that large construction contracts in California and elsewhere always encounter problems in execution due to delays, increased expenses over the contract price and disputes over the quality of the work. Numerous other issues can arise during a large construction project. One project that has had a substantial share of problems is a $300 million hospital construction in San Jose. Continue reading Construction project for new San Jose hospital is back on track... Tags: Construction Litigation Trademark dispute ushers in new names at Yosemite National Park On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Friday, January 22, 2016. An important battle over intellectual property rights appears to be occurring in several parts of the country, including California. The conflict is between the federal government and private concessionaires who claim the ownership of the trademarks associated with the hotels, landmarks, restaurants, and outdoor activities at federal parks and other sites. A trademark dispute is currently in litigation regarding the names of various hotels, restaurants and landmarks at Yosemite National Park. Continue reading Trademark dispute ushers in new names at Yosemite National Park... Tags: Intellectual Property Breach of contract dispute puts contractor on the defensive On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Contract Disputes on Thursday, January 14, 2016. Subcontractors who want to be paid for their work on a project may have to comply with a lot of rules and preconditions in California in order to get the courts to enforce payment owed by

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Construction project for new San Jose hospital is back on track | The Law Office of Peter C. Bronstein

Construction project for new San Jose hospital is back on track On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Construction Litigation on Monday, January 25, 2016. It seems that large construction contracts in California and elsewhere always encounter problems in execution due to delays, increased expenses over the contract price and disputes over the quality of the work. Numerous other issues can arise during a large construction project. One project that has had a substantial share of problems is a $300 million hospital construction in San Jose.The project was scheduled to be completed in 2012 but that date has now been rescheduled for mid-2017 amidst ongoing litigation. The contractor, Turner Construction Company, has reached an agreement with county officials for the payment of $85 million to be added to the final bill. One of the problems was apparently caused by Turner's receipt of some 850 change orders from county officials after the construction began. The Santa Clara Valley Medical Center will provide 168 new rooms in a new facility that will meet all required seismic safety standards, which is required for new hospitals under state law. This past September, the county terminated its contract with Turner due to the county's concern over delays and safety. In 2014, there had been a steam explosion that nearly killed a worker on the site.The county filed suit against Turner in a California court in September and hired another company to assess the status of the construction project. That company came in with an estimate that it would take another $126 million to finish the rest of the project. That report may have been instrumental in leading to the recent settlement between the county and Turner. The agreement puts to rest all prior disputes and calls

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Construction project delayed for years may get a green light | The Law Office of Peter C. Bronstein

Construction project delayed for years may get a green light On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Construction Litigation on Tuesday, January 5, 2016. A project developer often finds itself in conflict with local officials and/or non-profit environmental preservation organizations. Sometimes, a construction project can be held up for years if the plans submitted are not approved and are instead challenged in court by local officials or protesters. That happened to a proposed redevelopment of a ski resort community in the Lake Tahoe, California area, which has been tied up in objections and litigation for the past several years.The Homewood Mountain Resort redevelopment that is proposed by JMA Ventures seeks to reconstruct and refurbish the ski resort located south of Tahoe City. The developer applied for the permit in 2007, but it was met earlier by an objection from the Friends of the West Shore and Tahoe Area Sierra Club. The group filed litigation in 2012, which continued until the parties settled in 2014. However, by the time of the Sierra Club settlement, another group, the California Clean Energy Committee, filed its own litigation in federal court to stop the project. That group raised several issues of deficiency in the Environmental Impact Report required by the California Environmental Quality Act. Recently, a state appellate court affirmed a Placer County court's approval of the project. However, the appellate court ruled that one issue had to be taken care of first.While turning down most of the objectors' claims, the California appellate court held that the environmental plan for the construction project was indeed deficient with respect to laying out a wildfire evacuation risk assessment. The developer must redo the submission to take all of the varied factors affecting wildfire evacuations into account. The

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Breach of contract dispute puts contractor on the defensive | The Law Office of Peter C. Bronstein

Breach of contract dispute puts contractor on the defensive On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Contract Disputes on Thursday, January 14, 2016. Subcontractors who want to be paid for their work on a project may have to comply with a lot of rules and preconditions in California in order to get the courts to enforce payment owed by the contractor. There are a number of legal complexities that come into play, making it advisable for the disputing parties to obtain experienced attorneys who handle construction dispute cases. In a recent breach of contract case in another state, a school district sued a general contractor in state court for breaking its promise to pay its subcontractor in a project involving installation of new classrooms.It appears that the school district is suing the contractor because a subcontractor has demanded payment from the school and may have even filed a lien against it. In fact, the complaint filed by the school district against the general contractor alleges that the contractor did not pay the subcontractor. This is a common problem in construction disputes. Usually, the contractor will have assured the owner that the subcontractors will be paid and that the owner will be relieved of liability for any such claims. In this case, the school district alleges that the contractor had already verified to the school district that it had paid all of its suppliers and subcontractors. However, when the subcontractor made demand against the school district, the district confronted the contractor for compliance. The contractor then complained that the subcontractor had not properly completed the work. The complaint also alleges that the contractor has not responded to requests for details on the alleged performance deficiencies.It appears that one benefit from the construction dispute

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December 2015 Archives | Los Angeles Business Law Blog

December 2015 Archives$73.6 million awarded to firm in trade secrets litigation case On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Intellectual Property on Monday, December 28, 2015. California protects a company's trade secrets from improper confiscation by outside interests. Most trade secrets litigation in the state is based on the Uniform Trade Secrets Act, which is adopted here and in many other states. A trade secret is generally some kind of technical knowledge that is known only inside a company and is protected due to its importance to the company's competitive position. Continue reading $73.6 million awarded to firm in trade secrets litigation case... Tags: Intellectual Property Business litigation can be well controlled with proper planning On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Business Litigation on Monday, December 21, 2015. Business litigation is to some extent a price that comes with success. The wider the scope of the business activities, profits and financial successes of the business, the higher the odds of becoming entangled in periodic business litigation matters. In California, many of the large high tech businesses are so successful that they are constantly engaged in at least a good handful of business conflicts that have made their way into the court systems. Continue reading Business litigation can be well controlled with proper planning... Tags: Business Litigation Contract dispute can involve multiple parties and claims On behalf of Peter C. Bronstein of The Law Office of Peter C. Bronstein posted in Contract Disputes on Wednesday, December 16, 2015. Real estate developments in California and elsewhere can attract different legal relationships that are developed and implemented during the course of planning, building, managing, renting and promoting a project. In one recent situation that

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