Case of the Day: Blue Spike v. ASUS Computer

The case of the day is Blue Spike, LLC v. ASUS Computer International, Inc. (E.D. Tex. 2018). Blue Spike brought a patent infringement action against ASUSTeK Computer, Inc., a Taiwanese company. Blue Spike served process “C/O ASUS Computer International via ASUS’s registered agent, CT Corporation System in Dallas, Texas.” ASUS was AUSTeK’s US subsidiary. When AUSTeK did not answer, Blue Spike sought a default judgment. AUSTeK then moved to dismiss for insufficient service of process.
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Read more about the article Elephant Habeas Case: Steven Wise Loses; Elephants Unavailable For Comment
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Elephant Habeas Case: Steven Wise Loses; Elephants Unavailable For Comment

The case of the day is Nonhuman Rights Project, Inc. ex rel. Beulah et al. v. R.W. Commerford & Sons, Inc. (Conn. Super. Ct. 2017). I wrote a polemic about the case back in November 2017. The case was a petition for habeas corpus brought by Steven Wise’s group, the Nonhuman Rights Project, on behalf of several elephants owned by a Connecticut zoo. Can you guess how it turned out?
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Read more about the article Lago Agrio:  Chevron Makes Contempt Claim
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Lago Agrio: Chevron Makes Contempt Claim

Chevron has brought a motion asserting that Steven Donziger, the LAPs’ American lawyer, is in contempt of the final judgment in the RICO case, which included an injunction forbidding Donziger to seek to monetize the Ecuadoran judgment. The allegations are juicy, but as we will see, there may be less to Chevron’s claim than meets the eye.

Recall that the judgment in the RICO case Chevron brought against Chevron and the LAPs, among other things, enjoined Donziger from “undertaking any acts to monetize or profit from the [Ecuadoran] Judgment … including without limitation by selling, assigning, pledging, transferring or encumbering any interest therein.” (more…)

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Case of the Day: Elsevier v. Chew

The case of the day is Elsevier, Inc. v. Chew (S.D.N.Y. 2018). Elsevier, a publisher, sued twenty unknown defendants, alleging they were infringing its copyright by selling counterfeit textbooks on eBay. By way of subpoenas to eBay and PayPal, Elsevier was able to obtain the names and email addresses of the defendants, though not their physical addresses. Some of the defendants operated in Malaysia, some in China. Elsevier moved for leave to serve process by email under FRCP 4(f)(3). They proposed using [email protected], a service that purports to be able to prove when an email recipient has read an email.
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The Stormy Daniels Case: Declaratory Judgments, The Statute of Frauds, Removal and Arbitration Law For The Layperson

Outside of work, a lot of friends have asked me about the lawsuit that pornographic actress Stephanie Clifford, also known as Stormy Daniels, against the President, also, sadly, known as David Dennison. I regret having to write that sentence. Anyway, they’ve asked what I think about the merits and also what I can tell them about the procedural stuff. Here goes.
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Case of the Day: Alpha Bank v. Yakovlev

The case of the day is AO Alpha Bank v. Yakovlev (Cal. Ct. App. 2018). Alpha, a Russian bank, loaned money in 2007 and 2008 to Trial Trading House, LLC, a Russian firm. Oleg Yakovlev personally guaranteed the loan on terms set out in a separate surety agreement. The surety agreement chose the Meschansky District Court, in Moscow, as the exclusive forum for disputes, and it provided that notices to Yakovlev would be sent to him at a certain address in Moscow, which was also his official registered address (Russian citizens are required by law to register their addresses with the government). Yakovlev was required to give Alpha written notice of any new address within five days.
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Stephen Hawking, 1942-2018

The great physicist Stephen Hawking died yesterday, as I’m sure you know by now. Hawking, and in particular his 1988 book, A Brief History of Time, got me interested in cosmology as a teenager, and while I’m a landlubber in any hard science, the interest has never worn off. I know that Hawking was important to many others for similar reasons.

Hawking’s most important scientific contribution was the idea of Hawking radiation, or radiation that comes from black holes. To landlubbers that sounds crazy—the whole point of the black hole is that it’s black, and nothing comes out of it. But if “things fall apart, the center cannot hold,” or if, as a scientist would put it, the entropy in the world always increases, then the blackness of the black hole is troublesome, because matter, along with the entropy it contains, can be lost to the world when it falls in. Hawking imagined that the entropy wasn’t really lost: the black hole had it. And since anything with entropy has a temperature, and anything with a temperature can radiate its heat, a black hole can radiate! But what about the fearsome gravity that has destroyed so many starships in science fiction novels, and from which not even light is supposed to be able to escape? Hawking reasoned that at the border separating the black hole from the rest of the world, the rules of quantum mechanics tell us that pairs of particles were constantly flickering into and out of existence, and that in some cases one of the pair would be drawn in toward the black hole while the other would escape, the escaping particles being visible to us as radiation. This predicted radiation will keep astronomers and physicists busy for the foreseeable future. Can we observe it? What about its philosophical implications for the conservation of energy in the world? Does it help us understand how gravity, the calling card of the black hole, is to be harmonized with quantum phenomena? Most ideas, like the doomed particles at the threshold of the black hole, live for only a very short time and have no lasting consequences in our world, but some, like Hawking’s, radiate outward.
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Case of the Day: Blizzard Entertainment v. Bossland

The case of the day is Blizzard Entertainment, Inc. v. Bossland GmbH, from the Landgericht Leipzig. It came to my attention thanks to eagle-eyed reader Lukas Heinemann. Blizzard had a $8 million default judgment against Bossland from the U.S. District Court for the Central District of California. The case arose out of alleged violations of the Digital Millennium Copyright Act. Blizzard sought recognition and enforcement in Germany.
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