In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room
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EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101
On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible subject matter under 35 U.S.C. § 101. Geoscope Technologies…
Fourth Circuit Now Permits Awarding Attorney’s Fees for Some Preliminary Injunctions, Bucking Precedent
Plaintiffs who secure a preliminary injunction may now be able to recover attorney’s fees in the Eastern District of Virginia, due to the Fourth Circuit’s departure from its previous position that such plaintiffs are not “prevailing parties” for purposes of…
Using a Company Witness as a Subject Matter Expert on a Company’s Products
It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a witness testifies as a fact witness offering…
Pro Hac Vice, Ye Be Warned: A Cautionary Tale to Out-of-State Attorneys and Their Local Counsel
On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to associate…
Virginia Moves to Dismiss Suit Claiming Denial of Voting Rights to Felons Violates Civil War Era Statute
In June, four individuals and an advocacy organization for previously incarcerated individuals brought suit in the Eastern District of Virginia against several state and local officials alleging that Virginia was denying voting rights to some felons in violation of an…
EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions
In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards Act (FLSA).…
EDVA Judge Grants Emergency Motion to Stay Pending Arbitration Until Issue of Arbitrability Resolved
On June 12, Judge Hudson granted an emergency motion to stay arbitration proceedings, pending the court’s resolution of the issue of arbitrability in a case pending in the U.S. District Court for the Eastern District of Virginia, Richmond Division. See…
EDVA Judge Rules Supplemental Jurisdiction Is Not a Basis for Removal
A recent EDVA decision reinforced the point that removal to federal court must be based on the existence of either federal question or diversity jurisdiction, but not supplemental jurisdiction.…
EDVA Judge Holds That a Temporary Restraining Order Ends at the Close of Business on the Day of Expiration
Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after the close of business…