Court Roundup

Beijing

China court rejects Apple lawsuit over iPad name

BEIJING (AP) -- A court in southern China has rejected a claim by Apple Inc. that a Hong Kong-headquartered tech company has violated its iPad trademark, in the latest development in a case that could affect the U.S. company's financial prospects in the country.

Apple's Beijing-based spokeswoman Carolyn Wu declined to comment Thursday on the decision by the Municipal Intermediate People's Court in the southern city of Shenzhen.

The court said on its website that it dismissed a lawsuit Monday by Apple against Shenzhen Proview Technology over the ownership of the iPad trademark. The company is a subsidiary of LCD screen maker Proview International Holdings Ltd., headquartered in Hong Kong.

The court ruled that the Shenzhen company is not bound by a 2009 agreement that its Taiwanese affiliate, Proview Taipei, made with Apple to transfer the trademarks to the Cupertino, California-based company for 35,000 pounds ($54,700).

Proview in Taiwan had registered the trademark in various countries as early as 2000, while Proview in Shenzhen registered the trademark in China in 2001.

According to the Shenzhen court decision, Apple says its trademark transfer agreement with Proview's Taiwanese company should also apply to the Shenzhen company, but the court rejected that, saying that the Shenzhen company was not involved in those negotiations.

Proview Shenzhen has been mired in financial problems and will seek to claim 10 billion yuan ($1.6 billion) in compensation from Apple for copyright infringement following the court ruling, the official Xinhua News Agency reported.

The U.S. company has the right to appeal the verdict.

Colorado

Billionaire investor sues over investment

DENVER (AP) -- Billionaire Kirk Kerkorian is suing an adviser who got him to invest more than $680 million in a Colorado company.

Kerkorian filed suit in Clark County, Nev., claiming Edward Davis and others misrepresented the assets of Denver-based Delta Petroleum.

According to the Denver Post, Delta reported a $458 million net loss over nine months in November and said it had been unable to find a buyer for some of its assets to raise cash. The company says restructuring is likely.

Davis could not be reached for comment Wednesday.

California

55K settlement in pepper spraying of 7-year-old

SAN MATEO, Calif. (AP) -- San Mateo has agreed to pay $55,000 to the family of a 7-year-old special education student who was hit with pepper spray by a police officer.

The city reached the settlement in the federal lawsuit filed by the boy's family last week. The family has also settled claims against school officials and a county agency.

San Mateo police were called to George Hall Elementary School on June 10, 2010 after the boy climbed onto a bookshelf. The boy, who has not been identified, suffers from learning difficulties and anxiety.

Officer George Heald blasted him with pepper spray when he refused to come down.

San Mateo police tell the San Francisco Chronicle the department has no restrictions on using pepper spray against children. Deputy Chief Mike Callagy defended Heald's actions, saying the boy was out of control.

California

Diaper company pays $5 mil to settle lawsuit

LOS ANGELES (AP) -- A California health care company is paying $5 million to settle a whistleblower lawsuit alleging it overcharged state and federal programs for adult diapers and other incontinence products.

The U.S. Attorney's office in Los Angeles made the announcement Wednesday. The office said Santa Clarita-based Shield Healthcare agreed to pay $2 million to the U.S. government and $3 million to the state of California because both fund the Medi-Cal program at the center of the lawsuit alleging the company submitted false claims to the government.

Terry Donath, who worked for a Shield supplier, filed the lawsuit in 2007 alleging the country's largest seller of adult incontinence supplies had exceeded regulations limiting billing to no more than double a product's net purchase price.

Shield Healthcare spokeswoman Laura McIlvaine released a statement saying the company is in "full compliance" with Medi-Cal regulations and that the company had decided to settle the case.

Published: Fri, Dec 9, 2011

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