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In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to [...]
In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to arbitration and the arbitrators awarded Ergon almost $2 million, including damages, prejudgment interest, attorney’s fees, and an offset for the unpaid contract price. Cat Tech sought indemnification under two insurance policies: (1) a commercial general liability policy issued by American Home Assurance Company (“AHA” ), and (2) a commercial umbrella policy issued by National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“NUFIC”).
AHA and NUFIC brought action against insured servicing company seeking declaratory judgment that they did not have duty to indemnify company for damages awarded to Ergon in arbitration. The insurers argued that the “your work” exclusion found in both policies precluded coverage for damage to the reactor.
The “your work†exclusion precludes coverage for: “Property damage†to “your work†arising out of it or any part of it and included in the “products-completed operations hazard.†This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. The policies define “your work†as “(1) [w]ork or operations performed by you or on your behalf; and (2) [m]aterials, parts or equipment furnished in connection with such work or operations.â€Â The District Court found the insurers had no duty to indemnify Cat Tech based on that exclusion. Cat Tech appealed.
The Fifth Circuit explained that the following three categories of property damage were potentially at issue: (1) property damage to the specific parts of Ergon’s reactor upon which Cat Tech performed defective work, (2) property damage to those parts of the reactor upon which Cat Tech performed non-defective work but were nonetheless damaged, and (3) damage to other Ergon property, upon which Cat Tech did not work. The Court concluded that the “your work” exclusion precluded coverage for the first two categories, but not the third.
The court found that the arbitration award was far too vague in its description of the damage and how the damage related to Cat Tech’s work. Accordingly, the court reversed the summary judgment award and remanded the case for the District Court to conduct additional fact-finding to determine whether the damage was limited to those components upon which Cat Tech worked or instead included components unrelated to Cat Tech’s operations.
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Here is Think IP Strategy’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet. Highlights this week included: Samsung loses Dutch case against Apple over 3G patents as court gives meaning to FRAND (FOSS Patents) (EPLAW) Australia: Samsung appeals, retaliates, in patent war with Apple (Patentology) (ipwars.com) Supreme Court [...]
Here is Think IP Strategy’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.
Highlights this week included:
Samsung loses Dutch case against Apple over 3G patents as court gives meaning to FRAND (FOSS Patents) (EPLAW)
Australia: Samsung appeals, retaliates, in patent war with Apple (Patentology) (ipwars.com)
Supreme Court of Canada: Hyperlinking is not publication: Crookes v. Newton (Excess Copyright) (Excess Copyright) (Michael Geist) (IP Osgoode)
Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.
Global
Global – General
Google boots FrostWire from Android market, but why? (TorrentFreak)
“Monetizing the wisdom of crowds” discussion excites the crowd (Patent Quality Matters)
Global – Copyright
Copyright infrastructure in the digital age: Raising awareness at WIPO (IP Watch)
Rumble in the (digital) jungle – ReDigi offers platform for buying and selling ‘second hand’ downloads (1709 Copyright Blog)
Blogging IGF: EFF fights against dangers of intermediaries as internet police (EFF)
Users should be able to buy licences to allow copying of copyright-protected material (Out-Law)
Anti-piracy, AiPlex Software outfits tries to erase history (TorrentFreak)
Free Justin Bieber! (Why streaming shouldn’t be a felony) (TorrentFreak)
Global – Patents
Study on the worldwide use of FRAND-committed patents (FOSS Patents)
Microsoft acquires another game studio, Twisted Pixel Studios (Patent Arcade)
Microsoft and Intellectual Ventures harvest more smartphone licensing cash (IAM)
Times change as Microsoft hires an old foe to conduct FRAND-related research (IAM) (IP finance)
Court orders Qualcomm to provide Apple with documents for its worldwide defenses against Samsung – Update on Australian and US cases (FOSS Patents)
Samsung won’t get preliminary injunction against iPhone 4S in Australia, situation less clear in Japan (FOSS Patents)
More details of the Nortel patent auction revealed – Ericsson led the Rockstar consortium (IAM)
Australia
A-G announces copyright review; AGD “mistakenly†releases wrong Consultation Paper (IP Whiteboard)
Consultation paper on the copyright safe harbour scheme for carriage service providers (ipwars.com) (ipwars.com)
Samsung appeals, retaliates, in patent war with Apple (Patentology) (ipwars.com)
Australian injunction could be extended to other Samsung products, HTC, Motorola — and beyond (FOSS Patents)
Apple told Samsung it owns a “thicket of patents” and would license only “lower level patents” (FOSS Patents)
iiNet update: Wider implications call for interventions and amicus curiae: Roadshow Films v iiNet (IP Whiteboard)
Canada
Supreme Court of Canada: Hyperlinking is not publication: Crookes v. Newton (Excess Copyright) (Michael Geist) (IP Osgoode)
Crookes v. Newton – Hyperlinking is not publication – Implications for Access Copyright’s proposed post-secondary tariff (Excess Copyright)
Liberals come out against Bill C-11 due to digital lock rules (Michael Geist)
The daily digital lock dissenter, day 11: Business Coalition for Balanced Copyright (Michael Geist)
The daily digital lock dissenter, day 10: Council of Ministers of Education China (Michael Geist)
The daily digital lock dissenter, day 9: Canadian Library Association (Michael Geist)
Ontario Court of Appeal has ruled that domain names constitute ‘personal property’ in Tucows.com v Lojas Renner (JIPLP)
China
Google-backed file-sharing empire, Xunlei, cancels NASDAQ IPO (TorrentFreak)
Registering video game copyrights in China (China Law Blog)
Denmark
Next attack on iPhone may have Danish origin (Innovationpartners)
Europe
Private copying and fair compensation: An empirical study of copyright levies in Europe (1709 Copyright Blog)
European libraries and copyright owners reach understanding on out-of-commerce works (IP Osgoode)
General Court upholds finding of likelihood of confusion between LOOPIA and LOOP or LOOPY for IT related goods and services: Case T-150/10 (Class 46)
General Court upholds finding of likelihood of confusion between NAVI v NaViKey (Class 46)
Germany
Industrial designs – the wonder weapon for the German Blitzkrieg? Apple v Samsung (PatLit)
Metall auf Metall II – The curious case of free use and sampling (1709 Copyright Blog)
Bundespatentgericht confirms no risk of confusion between iMove and IMOVIE (Class 46)
Netherlands
Samsung loses Dutch case against Apple over 3G patents as court gives meaning to FRAND (FOSS Patents) (EPLAW)
Spain
File-sharing admins jailed for linking to copyright works (TorrentFreak)
Sweden
Stockholm District Court: Jail sentence for Pirate Bay co-founder made final (TorrentFreak)
Record-breaking file-sharing trial heard in Sweden (TorrentFreak)
United Kingdom
Hargreaves Review – Prof Jacobs drills into the detail (Laurence Kaye on Digital Media Law)
Examiners will not automatically rule computerisations of mental acts unpatentable, IPO says (Out-Law)
DCMS holds no evidence on online copyright infringement, lobby group says (Out-Law)
Companies need customers to assert goodwill trade mark rights, High Court rules in Plentyoffish Media Inc v Plenty More LLP (Out-Law) (IPKat)
TVShack admin eyes court hearing after US extradition blow (TorrentFreak)
Newzbin2 user “bullied†by Hollywood after High Court blocking challenge (TorrentFreak)
High Court “reserves judgment†at Newzbin2 blocking hearing (TorrentFreak)
EWHC (Pat) refuses to grant summary judgment in dispute over blu-ray technology: LG Electronics v Sony Europe & Ors (Kluwer Patent Blog)
United States
US General
District Court N D Illinois: Court disregards check-the-box agreement and doesn’t enforce venue clause: Dunstan v. comScore (Technology & Marketing Law Blog)
US Patents – Decisions
District Court E D Texas exonerates Newegg and Overstock; invalidates Alcatel patent: Alcatel-Lucent USA Inc. v. Amazon.com, Inc (Docket Report)
ITC judge rules against HTC’s first complaint against Apple: Certain Portable Electronic Devices and Related Software (337-TA-721) — but it’s not over yet (FOSS Patents)
US Patents – Lawsuits and strategic steps
Acer – Failure to file motion requesting testimony at Markman hearing bars submission of expert declaration in support of Markman briefing: U.S. Ethernet Innovations v. Acer et. al. (Docket Report)
ALJ Gildea removes Markman hearing in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773) (ITC 337 Law Blog)
Apple – Apple and Samsung fight over new evidence as decision on US-wide preliminary injunction nears (FOSS Patents)
Apple – Essence of Apple’s FRAND defense against Samsung unaffected by negative ruling on certain counterclaims (FOSS Patents)
Apple – US judge: Samsung’s products infringe on Apple design patents (Ars Technica)
Facebook – Facebook infringement case stayed prior to reexamination grant: Pragmatus AV. v. Facebook (WHDA)
Facebook – Facebook request for reexamination of data review patent among those requested week of October 10, 2011 (WHDA)
Freescale – ITC decides to review in part initial determination in Certain Integrated Circuits (ITC 337 Law Blog)
Groupon – Local patent rules do not trump Rule 8 pleading requirements: Groupon v MobGob (Chicago Intellectual Property Law Blog)
MyKey – ALJ Bullock grants motion to terminate investigation as to Voom Technologies in Certain Computer Forensic Devices (337-TA-799) (ITC 337 Law Blog)
Ogma – ALJ Gildea grants joint motions to terminate investigation in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773) (ITC 337 Law Blog)
Oracel – Court’s resource constraints affect Oracle-Google trial: delay or different judge (FOSS Patents)
Oracle – Trial briefs filed: Oracle wants an injunction unless Google brings Android into full compliance with the Java standard (FOSS Patents)
Ritek – ALJ Essex grants motion to terminate investigation as to Ritek in Certain Universal Serial Bus (“USBâ€) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC 337 Law Blog)
US Copyright
Copyright czar cozied up to Big Content, e-mails show (Ars Technica)
US Copyright – Decisions
9th Circuit rejects copyright misuse defense against Apple and affirms license restrictions in OS X license agreement: Apple v. Psystar (Technology & Marketing Law Blog)
US Copyright – Lawsuits and strategic steps
Astrolabe – The daylight-saving data dispute: Astrolabe v Olson (IPKat)
Collins, Patrick – ‘Copyright Trolls’ unite to prevent downfall of BitTorrent lawsuits: Patrick Collins v John Does 1-58 (TorrentFreak)
Felton, E Prof – Princeton scientists sue over squelched research (EFF)
Viacom – Viacom tells appeals court YouTube profited from infringement, so no Safe Harbor (Ars Technica)
US Trademarks & Domain Names
Verisign wants power to shut sites down upon law enforcement request (Ars Technica)
To stem infringement, block money – not information – Protect IP Act (IP Watch)
US Trade Marks & Domain Names – Lawsuits and strategic steps
Deckers Outdoor – Jurisdictional facts regarding website activity required before default: Deckers Outdoor Corp v Does 1-55 (Chicago Intellectual Property Law Blog)
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Williams, Joshua, 1813-1881
Hawley, John G. (John Gardner), 1845-1900
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A News Blog about Motorcycle Accident Attorneys Orange County. Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts. The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases. If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. From: Motorcycle Accident Attorneys Orange County. Attorneys and lawyers often represent clients on a “contingency basis,” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases. From: Motorcycle Accident Attorneys Orange County.
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