Insurance Journal

AUGUST 1, 2024

Federal safety investigators cited a construction company in the deadly collapse of an Idaho airport hangar, saying it exercised a “blatant disregard” for federal safety standards. The Occupational Safety and Health Administration proposed nearly $200,000 in penalties for Big D …

Construction 105

Construction 105

Insurance Journal

JULY 16, 2024

The families of two construction workers killed when an airport hangar in Idaho collapsed are suing several companies that were involved in the building process, alleging the businesses recklessly cut corners and used inappropriate materials for the build. The private …

Construction 102

Construction 102

IP Watchdog

OCTOBER 21, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday, October 18, issued a precedential decision holding in part that claim construction is not categorically forbidden at the Rule 12(b)(6) stage of a case, but ultimately vacating-in-part a district court’s dismissal of a patent owner’s infringement suit.

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Construction Litigation 52

IP Watchdog

APRIL 6, 2022

district courts handling claim construction are to construe a patent’s independent claims in light of limitations included in dependent claims. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Littelfuse, Inc. Mersen USA EP Corp. clarifying how U.S.

Construction 124

Construction Litigation Technology 124

IP Watchdog

AUGUST 5, 2022

The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid.

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Construction Court Rules Litigation 126

IP Watchdog

APRIL 14, 2022

The CAFC held that the district court erred in its preliminary claim construction, particularly in determining that “detecting continuity and measuring continuity are mutually exclusive.”.

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Construction Litigation 121

IP Watchdog

MARCH 8, 2024

On appeal to the CAFC, CoolIT argued that the PTAB erred in construing one of the claim terms, “matingly engaged” and that even under the PTAB’s construction, the asserted prior art did not meet the matingly engaged limitation.

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Construction Litigation 69

Insurance Journal

AUGUST 6, 2024

The Department of Labor said it has obtained a federal court order that requires two New Jersey construction companies and their owners and managers to pay $600,000 in back wages and liquidated damages to 131 former employees after a federal …

Construction 59

Construction 59

IP Watchdog

DECEMBER 28, 2023

reversing a claim construction ruling and summary judgment of noninfringement issued by the Central District of California. On December 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in K-fee System GmbH v. Nespresso USA, Inc.,

Construction 69

Construction Litigation 69

Valdosta Law Blog

JANUARY 28, 2024

Constructive possession is how the state brings charges when drugs are found in the environment, not on a person. What constitutes constructive possession? For prosecutors to bring drug possession charges against someone based on a belief of constructive possession, the situation typically needs to meet two standards.

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Construction Defense Strategy Forensic Evidence Evidence 52

IP Watchdog

JANUARY 16, 2022

Court of Appeals for the Federal Circuit (CAFC) on Friday ruled that a California district court erred in its claim construction relating to Evolusion Concepts, Inc.’s s patent for a method of converting a semi-automatic rifle with a detachable magazine to one with a fixed magazine.

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Construction Litigation 126

IP Watchdog

APRIL 4, 2022

The CAFC reversed the district court’s summary judgment decision because the district court erred in its construction of “input signal” and should have construed the term to mean “a signal having an audio or higher frequency.”. 6,219,730 (‘730 patent).

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Construction Technology Expert Testimony Evidence 128

Expert Witness Blog

MAY 15, 2024

Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries Facts: This case ( Fozard et al v. In order to prove their case, the plaintiffs hired Construction Expert Witness Howard Ehrsam to provide expert witness testimony.

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Construction Witnesses Litigation Court Rules 52

IP Watchdog

AUGUST 7, 2023

The court ultimately vacated the decisions and remanded to the PTAB to reconsider.

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Construction Evidence Litigation 97

IP Watchdog

OCTOBER 18, 2024

On October 16, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CAO Lighting, Inc. Feit Electric Co., vacating a summary judgment entered by the Central District of California that found Feit Electric did not infringe semiconductor light source patent claims asserted by CAO Lighting.

Construction 89

Construction Depositions Litigation Technology 89

IP Watchdog

JULY 27, 2021

While the CAFC agreed with the PTAB’s construction of one of the claims, which Qualcomm had challenged, it ultimately held that the Board violated Qualcomm’s procedural rights under the Administrative Procedure Act (APA) for failing to provide the company “adequate notice of and opportunity to respond to its sua sponte claim construction.”.

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Construction Litigation 98

IP Watchdog

DECEMBER 18, 2023

In so holding, the Federal Circuit upheld the PTAB’s use of claim construction conflicting with parallel proceedings in the Western District of Texas on the grounds that the patentee defined the term “storage element” as a lexicographer.

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Construction Litigation 59

IP Watchdog

NOVEMBER 20, 2023

Court of Appeals for the Federal Circuit’s (CAFC’s) “construction of petitioner’s patent claim was unforeseeable and unjustifiable under the circuit’s prior decisions,” thereby constituting a judicial taking of property in violation of the Fifth Amendment’s Takings Clause.

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Construction Technology Litigation 59

Legally Speaking

JUNE 25, 2023

You might be wondering, what exactly does a construction disputes partner do? Well, picture this: when conflicts arise in the world of construction, someone swoops in like a legal superhero, armed with a toolbox of litigation, arbitration, mediation, and adjudication skills.

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Construction Arbitration Mediation Precedent 40

IP Watchdog

NOVEMBER 30, 2022

The CAFC held that it is proper to strike expert testimony that did not rely on the agreed upon claim construction adopted by the district court. Treehouse Avatar, LLC owns U.S.

Expert Testimony 72

Expert Testimony Construction Objections Litigation 72

IP Watchdog

JUNE 15, 2022

and that the claim construction performed by the district court was improper. The district court held that it lacked personal jurisdiction over L’Oréal S.A. and that the patents were invalid based on indefiniteness.

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Construction Discovery Litigation 64

IP Watchdog

JULY 18, 2022

The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction. District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS).

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Construction Technology Litigation 64

Insurance Journal

SEPTEMBER 25, 2024

A Virginia-based construction company converting a Cape Cod hotel into a Margaritaville Resort has reached a settlement with the state of Massachusetts over wage violations affecting 78 workers. Massachusetts Attorney General Andrea Joy Campbell announced a settlement with Remby Contractors, …

Construction 106

Construction 106

Insurance Journal

OCTOBER 16, 2024

An administrative law judge has ordered a Pennsylvania-based federal contractor to pay $85,284 in back wages for failing to pay prevailing wages, fringe benefits and overtime pay owed to workers employed on multiple federal construction projects, according to the U.S.

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Construction 111

Insurance Journal

SEPTEMBER 4, 2024

A public inquiry into the devastating 2017 London Grenfell Tower blaze concluded on Wednesday that a “culmination of decades of failure” by the government and the construction industry ultimately led to the disaster that killed 72 people. The report detailed …

Construction 105

Construction Insurance 105

Insurance Journal

SEPTEMBER 4, 2024

A public inquiry into the devastating 2017 London Grenfell Tower blaze that killed 72 people blamed the disaster on failings by the government, construction industry and, most of all, the firms involved in fitting the exterior with flammable cladding. The …

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Construction Insurance 103

IP Watchdog

FEBRUARY 7, 2024

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision vacating and remanding a Patent Trial and Appeal Board (PTAB) decision that a patent for a climate control system was not proven unpatentable by Google LLC and Ecobee, Inc.

Construction 59

Construction Litigation 59

IP Watchdog

SEPTEMBER 16, 2024

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a district court decision that invalidated all claims of Vascular Solutions and Teleflex LLC’s (Teleflex) patent infringement suit against Medtronic, Inc. In an opinion authored by Judge Amos Mazzant of the U.S.

Construction 59

Construction Litigation 59

IP Watchdog

MAY 24, 2022

The Federal Circuit denied various claim construction arguments advanced by Microsoft on appeal, including several raised on the proper meaning of “automatically generating” within the preamble to asserted claim 1, and reversed the Southern District of New York’s denial of prejudgment interest to Kaufman. Microsoft Corp.

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Construction Litigation 59

Insurance Journal

AUGUST 19, 2024

Dan McKee announced Friday that the state has filed a lawsuit against 13 companies that provided design, construction and inspection services related to the troubled Washington Bridge. Rhode Island Gov. The bridge was partially shut down over safety concerns in …

Construction 105

Construction 105

Insurance Journal

JULY 26, 2024

McKINNEY, Texas (AP) — At the start of every work day, construction worker Charles Smith puts on the essentials: hard hat. Safety glasses. A reflective vest. And a small, watch-like band for his wrist. But rather than track time, its …

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Technology Construction 111

Insurance Journal

SEPTEMBER 5, 2024

A Seattle, Washington construction company is facing more than $150,000 in fines for putting workers at risk. Washington State Department of Labor & Industries cited and fined Lane Construction Corporation in July for workers riding a crane lift to get …

Construction 59

Construction 59

Insurance Journal

SEPTEMBER 20, 2024

LOUIS (AP) — A man used construction equipment to drop a heavy boom lift onto a sculpture that has stood for 25 years outside St. Louis’ Cathedral Basilica, badly damaging it, police said. It wasn’t immediately clear whether the …

Construction 111

Construction 111

Insurance Journal

SEPTEMBER 19, 2024

A suburban Madison, Wisconsin contractor with a history of federal safety failures – including violations that led to an employee’s fatal injuries in 2022 – has again been found exposing workers to the construction industry’s most deadly hazard – falls …

Construction 111

Construction 111

Insurance Journal

OCTOBER 17, 2024

RT Specialty, headquartered in Chicago, promoted three team members in its RT Specialty Environmental and Construction Professional (RT ECP) Practice office in Hamilton, New Jersey. Justin Kochmer has been promoted to senior account manager. Kochmer has been with RT ECP …

Construction 104

Construction 104

Insurance Journal

SEPTEMBER 25, 2024

The Iowa Insurance Division has issued a cease-and-desist orderagainst William Campbell and All or Nothing LLC, a Clive, Iowa limited liability company doing business as All or Nothing Roofing and Construction. The order claims that Campbell and his company have …

Construction 105

Construction Insurance 105

Insurance Journal

SEPTEMBER 24, 2024

It was just another overnight shift for Damon Davis, a road construction inspector who was supervising repairs on Baltimore’s Francis Scott Key Bridge — until the deck beneath his feet started crumbling. He ran for his life and, miraculously, made …

Construction 105

Construction 105