As reported in previous Dinsmore & Shohl Legal Alerts, the December 2008 breach of a coal ash impoundment at the Tennessee Valley Authority's facility in Kingston, Tennessee resulted in the spill of over 5 million cubic yards of coal ash into adjacent waterways and properties. As a consequence, the regulation and storage of coal ash has garnered increased scrutiny by the U.S. Environmental Protection Agency (EPA), activist environmental groups, and those initiating law suits on behalf of persons supposedly harmed by coal ash.Coal ash is a byproduct of coal combustion and is created when coal is burned to generate energy. Coal ash can be recycled in a variety of products, including concrete, drywall, and asphalt for roads. However, the remainder of the byproduct is often stored in pond-like containment facilities. There are currently over 13,000 of these storage facilities across the country.The pressure to regulate coal ash mounts. On June 29, … [Read more...] about Before and After Kingston: A Coal Ash Litigation Update
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Kingston Tech. Co., Inc. v. Catr Co., Ltd.: Granting-in-part Additional Discovery on Financial Performance Data IPR2015-00149
Takeaway: Evidence that a product practices claims of the challenged patent may support a motion for additional discovery into commercial success even where the relevant market and size of the market has not been established.In its Decision, the Board granted-in-part Patent Owner’s Motion for Additional Discovery from Petitioner “related to objective indicia of nonobviousness, particularly the financial performance of Petitioner’s allegedly infringing products and industry praise of such products.” Pursuant to the Board’s authorization, Patent Owner filed its Motion accompanied by several exhibits, “including four proposed document requests (Exhibit 2001) and four proposed interrogatories (Exhibit 2002).” However, the Board did not authorize Patent Owner to propose interrogatories and, therefore, denied the Motion as applied to Exhibit 2002. The Board then addressed Patent Owner’s request as applied to Exhibit 2001.A party seeking … [Read more...] about Kingston Tech. Co., Inc. v. Catr Co., Ltd.: Granting-in-part Additional Discovery on Financial Performance Data IPR2015-00149
In re Queen’s University at Kingston: Federal Circuit Recognizes Limited Patent Agent Privilege
One of the most broadly recognized evidentiary privileges is the attorney-client privilege, which shields communications between a client and an attorney made in furtherance of obtaining legal advice from discovery during litigation. The rationale behind this privilege is the need for both the attorney and the client to speak fully and candidly without fear of disclosure, “thereby promot[ing] broader public interests in the observance of the law and administration of justice.”1 While this privilege has long been recognized for licensed attorneys, there has been an open question whether a similar privilege attaches to communications between a client and a patent agent registered to practice before the United States Patent and Trademark Office (“USPTO”). That question, which has divided a number of district courts addressing the issue, has now been answered by the Federal Circuit in the affirmative, but with clear limits.In In re Queen’s University at … [Read more...] about In re Queen’s University at Kingston: Federal Circuit Recognizes Limited Patent Agent Privilege
Senate candidate John Kingston visits the southern border — not far from his timeshare
Visit The Boston Globe Share on Twitter Share on Facebook Comment on this Scroll to top of page By Matt Stout Globe Correspondent August 16, 2018 With just weeks before the US Senate primary, John Kingston spent Wednesday in San Diego — the “front lines of our border,” he said — to speak directly with border patrol agents there.His selection of the sun-splashed southern California setting was also a convenient one: The Republican owns a piece of a Spanish Colonial-style villa at the local Four Seasons resort — just a few dozen miles from those same front lines.With immigration emerging as a campaign talking point, the Winchester businessman wasn’t the first Republican running in the three-way Sept. 4 primary to tout a visit to the southern border; state Representative Geoff Diehl traveled to Texas in March. Advertisement But the trip also afforded Kingston, and his family, some time at what’s billed as a … [Read more...] about Senate candidate John Kingston visits the southern border — not far from his timeshare
Dallas council member Philip Kingston accused of racism for pushing white mayor pro tem
“I’m kind of taken aback. ... It’s just different than what we usually do, so I’m kind of hesitant, but I would do it if you all wanted me to do it,” Greyson told her colleagues.Gates, the only other woman on the council, praised Greyson but said Kingston’s motion was unfair.“If we said now we need more white leadership at the top, then we’re taking the leadership opportunity from a minority and making it appear that they’re more guilty than the rest of us are as a body,” said Gates, who voted for Thomas.She was backed by Callahan.“To cast aspersions on two fine African-American members of the council I think is grossly unfair,” he said, referring to Thomas and Atkins, who were both nominated for mayor pro tem.Medrano and council members Scott Griggs and Omar Narvaez — allies of Kingston’s — voiced support for Greyson, who successfully requested that the council vote on the two black nominees … [Read more...] about Dallas council member Philip Kingston accused of racism for pushing white mayor pro tem