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Samsung Seeking To Block Sale Of New IPhone 4S
Legal News Digest | 2011/10/04 10:48
Samsung said it will file court injunctions in France and Italy seeking to block the sale of Apple's latest iPhone amid an intensifying patent fight between the smartphone giants.

Samsung plans to file preliminary injunctions in Paris and Milan asking that courts block Apple's iPhone 4S from being sold in France and Italy, alleging patent infringement of wireless telecommunications technology, the company said Wednesday.

Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology, and we will steadfastly protect our intellectual property, Samsung said in a statement.

The South Korean company did not say when the French and Italian filings would take place, but also said it plans similar moves in other countries after further review.

The announcement comes one day after Apple Inc. unveiled the iPhone 4S in the United States.

Seoul-based Apple spokesman Steve Park, speaking by phone from Japan, declined to comment on Samsung's announcement.

The companies have been at odds since April when Apple took legal actions claiming Samsung's Galaxy line of smartphones and tablet computers copy the iPhone and iPad. Samsung has responded by taking Apple to court over what it alleges are violations of its patents covering wireless communications.


LA sheriff under fire after report slams jails
Legal News Digest | 2011/09/29 10:36
Los Angeles County's longtime sheriff is facing one of the toughest attacks of his 13-year term, after a civil rights group demanded his resignation and claimed he looked the other way while his sprawling jail network became co-opted by violent and corrupt deputies who routinely abuse inmates.

Sheriff Lee Baca, whose deputies oversee about 15,000 inmates in the nation's busiest jail system, said he welcomed the criticism but disputed the claims made Wednesday by the American Civil Liberties Union. He said he had no intention of stepping down.

The ACLU demanded the four-term sheriff's resignation, saying he and his top commanders are willfully indifferent to claims made by inmates and civilian jail visitors that deputies routinely viciously assault inmates.

In one case, an inmate at the downtown Men's Central Jail said deputies accused him of stealing mail then punched him, breaking an eye socket, and marched him naked to a cell occupied by two gang members.

Deputies repeatedly ignored the man's cries for help as the gang members raped him while another inmate flushed his head down a toilet to muffle his screams, the man, who had been jailed for making criminal threats, said in a sworn declaration.


Obama appeals health care setback to high court
Court Press News | 2011/09/29 03:36
Raising prospects for a major election-year ruling, the Obama administration launched its Supreme Court defense of its landmark health care overhaul Wednesday, appealing what it called a fundamentally flawed appeals court decision that declared the law's central provision unconstitutional.

Destined from the start for a high court showdown, the health care law affecting virtually every American seems sure to figure prominently in President Barack Obama's campaign for re-election next year. Republican contenders are already assailing it in virtually every debate and speech.

The administration formally appealed a ruling by the federal appeals court in Atlanta that struck down the law's core requirement that individuals buy health insurance or pay a penalty beginning in 2014.

At the same time, however, the winners in that appellate case, 26 states and the National Federation of Independent Business, also asked for high court review Wednesday, saying the entire law, and not just the individual insurance mandate, should be struck down.


Robbins Geller Rudman Dowd LLP Files Class Action
Press Release | 2011/09/26 09:46
Robbins Geller Rudman amp; Dowd LLP announced that a class action has been commenced in the United States District Court for the District of Colorado on behalf of a proposed class of Allos Therapeutics, Inc. shareholders who held Allos common stock during the period beginning July 20, 2011 through and including the closing of the proposed acquisition of Allos by AMAG Pharmaceuticals, Inc.

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiffs’ counsel, Darren Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/allostherapeutics. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Allos and its Board of Directors (the “Board”) with breaches of fiduciary duty and aiding and abetting breaches of fiduciary duty under state law and the Board and AMAG with violations of the Securities Exchange Act of 1934 (“1934 Act”). Allos is a biopharmaceutical company that engages in the development and commercialization of anti-cancer therapeutics.

The action arises from Allos and AMAG’s July 20, 2011 announcement that Allos had entered into a definitive merger agreement (the “Merger Agreement”) under which Allos would be acquired by AMAG in a transaction valued at approximately $260 million (the “Proposed Acquisition”). Under the terms of the Merger Agreement, Allos stockholders will receive a fixed ratio of 0.1282 shares of AMAG common stock for each share of Allos common stock held. The deal values Allos stock at $2.44 a share using AMAG’s prior closing price of $19.07. The complaint alleges that the Proposed Acquisition significantly undervalues Allos, as Allos shares traded as high as $4.21 as recently as January 12, 2011, and after the announcement of the Proposed Acquisition the price of AMAG common stock has fallen to $13.58 per share, giving the deal a real value of just $1.74 per Allos share.

The complaint further alleges that in an attempt to secure shareholder support for the Proposed Acquisition, on August 22, 2011, defendants issued a materially false and misleading Preliminary Joint Proxy/Prospectus on Form S-4 (the “Proxy”). The Proxy, which recommends that Allos shareholders vote in favor of the Proposed Acquisition, omits and/or misrepresents material information about the unfair sales process for the Company, conflicts of interest that corrupted the sales process, the unfair consideration offered in the Proposed Acquisition, and the actual intrinsic value of the Company on a stand-alone basis and as a merger partner for AMAG, in contravention of §§14(a) and 20(a) of the 1934 Act and/or defendants’ fiduciary duty of disclosure under state law.

Plaintiffs seek injunctive relief on behalf of all shareholders of Allos who held Allos common stock during the period beginning July 20, 2011 through and including the closing of the proposed acquisition of Allos by AMAG (the “Class”). The plaintiffs are represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations. The Robbins Geller Web site (http://www.rgrdlaw.com) has more information about the firm.


Samsung seeks iPhone, iPad sale ban in Dutch court
Headline Legal News | 2011/09/26 09:46
Samsung asked a Dutch court Monday to slap an injunction on Apple Inc. to prevent it from selling iPhones and iPad tablets in the Netherlands, saying Apple does not have licenses to use 3G mobile technology in the devices.

The legal battle is the latest round in a series of claims and counterclaims of patent breaches by the rival technology heavyweights playing out in courtrooms around the world.

Samsung Electronics Co. lawyer Bas Berghuis told a civil judge at The Hague District Court that Apple never bothered to ask about licenses before it started selling 3G-enabled iPhones.

Apple lawyer Rutger Kleemans hit back by accusing Samsung of using the patent dispute to hold Apple hostage because of Apple's legal battles accusing Samsung of copying its iPhone and iPad designs.

It's a holdup, Kleemans said. Because Apple dared to take action against Samsung's copycat tactics.

Kleemans urged the court to reject the injunction request, saying the patents involved are not designed to be used as a weapon against Apple.

No date was immediately given for a ruling.

Earlier this month, a court in Duesseldorf, Germany, ruled that Samsung cannot sell its Galaxy Tab 10.1 in Germany because its design too closely resembled the iPad2. The ruling only applied to direct sales from the Samsung, meaning distributors who acquire the Tab 10.1 from abroad could resell them in Germany. Samsung said it would appeal that judgment.


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