Jury Finds that Escort, Inc. and Beltronics USA, Inc. Infringe Two GPS Radar Detector Patents

On July 3, 2012, a jury found that Escort, Inc. (www.escortradar.com) and Beltronics USA, Inc. (www.beltronics.com) infringed numerous claims in U.S. Patent Nos. RE39,038 and RE40,653. In particular, the jury held that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, directly infringe claims 3, 5, 6, 7, 25, 26, 27, and 28 of U.S. Patent No. RE39,038 (“the ‘038 patent”) and claims 22, 31, 32, 33, 38, and 41 of U.S. Patent No. RE40,653 (“the ‘653 patent”). The jury also found that Escort and Beltronics contributed to the infringement of claims 3, 5, 6, 7, 25, and 28 in the ‘038 patent and claims 22, 24, 31, 32, and 33 in the ‘653 patent. The jury further found that Escort’s Passport 9500ix and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, infringe claim 24 of the ‘653 patent.

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 37 U.S. Patents. On March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents. Escort alleged that certain claims of the Fleming patents were invalid because Steven Orr, while working for Cincinnati Microwave, Inc. in 1996, made Fleming’s invention earlier in time than Fleming. On July 3, 2012, after a trial spanning more than two-weeks that included live testimony from Steven Orr, John Kuhn (Escort’s Vice President of Engineering), and John Larson (Escort’s President), the jury refused to invalidate the above claims of the Fleming patents based upon Steven Orr’s alleged prior work.

“I am very happy with the jury’s verdict because the jury held that Escort and Beltronics are infringing two of my patents. I am looking forward to a future trial in which another jury will also find that Escort and Beltronics and many of their retailers, including Best Buy and Amazon.com, are willfully infringing a third of my radar detector patents, U.S. Patent No. RE41,905,” said Mr. Fleming. Mr. Fleming is represented by Mr. Michael S. Dowler ofPark, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Gregory F. Ahrens and Brett A. Schatz and of Wood Herron & Evans in Cincinnati, OH together with Steven B. Andersen of Holland and Hart in Boise, ID.

Via EPR Network
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Desert Knolls Convalescent Hospital Reported For “Infection Control Issues” and “Safety Hazards” Following Operation Guardian Surprise Inspection

In March of 2011, members of the Operation Guardians program visited the Desert Knolls Convalescent Hospital in Victorville, California to perform a surprise inspection. The inspectors noted a number of potential health code violations and conditions that may contribute to health and medical treatment complications.

Operation Guardian was launched by the State Department of Justice in the year 2000. Investigation participants perform on-site inspections of nursing home facilities without giving prior notification of their arrival. It was not until recently that these reports had been made available to the public.

Among the numerous unfavorable reports, investigators noted instances of potential maltreatment in which the Desert Knolls “facility’s inaccurate documentation of resident’s wounds may be preventing the resident from receiving the correct wound care treatment.”There were also reports of residents being unable to easily summon assistance, due to their positioning away from staff call buttons.

Additional observation found that Desert Knolls Convalescent Hospital’s Resident Abuse Investigation Policy and Procedures was not in compliance with California State law.

Estimates provided by the American Psychological Association (APA) have found that 2.1 million senior Americans fall victim to psychological, physical, or other forms of neglect and abuse. The APA also reports that elders who have been abused tend to die earlier than those who are not abused.

John Bisnar, California elder abuse attorney, has assisted a number of victims and distributes resources to help raise awareness for seniors who suffer maltreatment. “There are several nursing homes throughout the state of California that fail to provide their guests with adequate care, but rarely do they receive the press that is required to increase efforts to prevent them.”

“Hopefully, Operation Guardian’s reports will create enough awareness to spur our politicians into creating safer environments for our loved ones. Our parents and grandparents deserve to live out the remainder of their lives with more respect than many of these facilities provide.”Says Mr. Bisnar.

Victims of elder abuse are encouraged to contact their local law enforcement officials immediately following instances of maltreatment.

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Access Legal From Shoosmiths Announces Uplift On All Compensation Awards Next Year

Access Legal from Shoosmiths has announced that a decision handed down at the Court of Appeal recently means that people awarded damages in court for all personal injury claims will get 10% more compensation from next year.

A case handled by Shoosmiths’ private client arm Access Legal (Simmons vs Castle) was successfully taken to the Court of Appeal in February of this year and has been used by the Court of Appeal judges to set guidelines on the level of general damages at 10% higher than at the present time.

Access Legal’s client, Christopher Simmons, was riding his motorbike when the defendant carried out a U turn immediately in front of him, causing Mr Simmons to collide with the vehicle. He was knocked off his bike and thrown across the bonnet, suffering a traumatic rupture of the spleen and soft tissue injury to his knee. The personal injury solicitorssuccessfully won compensation amounting to more than £24,000.00 and if Mr Simmons should develop a long term disabling illness related to his injuries which causes significant ongoing loss of earnings, he can go back to the court for further compensation.

The proposed increase in damages is intended to ensure the reforms set out in the Legal Aid, Sentencing, and Punishment of Offenders Act 2012 is a package to compensate for the loss of conditional fee agreements and after the event insurance when the rules come into force in April 2013. These new rules are based on the recommendations of a 2009 report produced by Sir Rupert Jackson (who sits in the Court of Appeal as Lord Justice Jackson) which proposed abolishing the no-win-no-fee Conditional Fee Agreement (CFA) system where the claimant’s lawyers recover a ‘success fee’ to compensate for those cases that are not successful and where they cannot recover their costs.

Instead, from next year, the Act means that it’s the winning claimants who will have to pay the success fee (capped at 25%of the damages they are awarded). They will also no longer be able to recover premiums paid for After the Event insurance (taken out to cover having to pay the other side’s costs in the event they lose) from the defendant. This can be seen as a positive step against the background of the new rules which penalise deserving and genuine claimants on costs. At least the 10% uplift partially ameliorates the significant negative impact of the abolition of the claimant’s right to justice; however, claimants will still lose out.

Access Legal partner Rose Donoghue commented: “Although the 10% uplift on personal injury claims is a step in the right direction, we must not lose sight that the new rules may, because of the financial risks, deter those the individuals who have suffered serious injuries, from pursuing genuine claims.”

The package of measures introduced by the government to reform civil litigation costs emphasises why it’s now even more crucial that any solicitors appointed to represent a client in any personal injury claim is experienced, qualified and professional. No matter how credible and convincing the case may be, those involved are now exposed to a greater element of financial risk, so a solicitor who can give an accurate and realistic assessment of the chance of success based entirely on the merits of the case to ensure that any the damages due are retained is more important than ever.

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Atlanta Newspaper Names Kitchens New Cleghorn “2012 Best Law Firm”

Kitchens New Cleghorn, LLC, a firm with a proud history representing diverse family law in Georgia, has been named 2012 Best Law Firm by the GA Voice, an Atlanta-based publication serving thousands of gays and lesbians statewide.

The honor follows two months of reader voting, which deemed KNC the best Atlanta gay lawyers at providing sensitive, effective and inclusive legal representation to the LGBT community.

It is the first year the firm has won the title, beating out two other city firms for the top spot.

“We are honored to be recognized by the Georgia Voice for our law firm’s advocacy on behalf of all families,” said KNC partner Jeff Cleghorn.

Best Atlanta Gay Lawyers Title Part of Annual Series

The honor was part of the publication’s “Best of Atlanta” series. That series lets readers vote for their favorite Atlanta businesses serving the LGBT community with respect and pride.

“With a team of law professionals that is almost unsurpassed, Kitchens New Cleghorn is your top choice. Joyce Kitchens, Randy New and Jeff Cleghorn fight for their clients and causes, including LGBT equality,” the newspaper wrote in its July 5 edition, which announced winners in categories like entertainment and services.

Honor Highlights Atlanta Gay Lawyers’ Commitment to Inclusion

The local recognition underscores the firm’s commitment to promoting tolerance and educating gays and lesbians on their rights in accordance with family law in Georgia. Besides helping many gay and lesbian couples expand their families through adoption, the firm hosted a gay marriage forum in June and an event last fall outlining powers of attorney, second parent adoption and many other legal protections existing for Georgia same-sex couples.

In addition, on Aug. 16, these tireless Atlanta gay lawyers will host an event aimed at cutting suicide rates among gay and lesbian youths.

“Protecting the legal rights of LGBT people and families is a priority of our law firm,” Cleghorn said. “Georgia’s laws are not always hospitable to its LGBT citizens, so it is a privilege to advocate for them.”

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