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FRAUD Online retailer charged with selling cigarettes to minors A company that sold cigarettes over the Internet agreed to pay the state of Maryland $61,000 on Dec. 3 after being charged with selling cigarettes to Maryland minors, failing to obtain Maryland licenses, and failing to charge Maryland cigarette taxes (enacted to deter smoking by minors). In early 2003, the Maryland Consumer Protection Division learned about the Missouri-based Web site dirtcheapcig.com. The division arranged for a minor to purchase a carton from the site. The state claimed that the minor was not asked to provide proof of age in making the purchase or receiving the shipment. The state filed charges against dirtcheapcig.com under the Consumer Protection Act. As per the settlement, the site no longer ships to Maryland. Case/Court/Date: Consumer Protection Division Office of the Attorney General of Maryland v. D.C. Inc., No. CPD 03-016-67538 (Matter not filed), Dec. 3, 2003 Plaintiff’s attorneys: Steven Sakamoto-Wengel and Marlene Trestman, Maryland Consumer Protection Division, Baltimore, Md. Defense attorneys: William Edgar and John Rogers, Bryan Cave, Washington, D.C. EMPLOYMENT Driver said he was repeatedly scheduled to work the Sabbath The Equal Employment Opportunity Commission, on behalf of a bus driver who claimed that he was repeatedly scheduled to work during the hours his religion recognized as the Sabbath, settled its Title VII suit against Greyhound Lines for $50,000 on May 28. In 1999, James Hill began working as a relief bus driver for Greyhound’s Richmond, Va., terminal. Hill, a Biblical Judaist, asked not to be scheduled to work from sundown on Friday to sundown on Saturday, so that he could observe the Sabbath. Despite the request, Hill claimed he was still scheduled to work on Friday evenings and Saturday mornings. While he admitted that Greyhound granted some of his requests, he said that he often had to call the company’s National Call Center to get the time off. Case/Court/Date: EEOC v. Greyhound Lines Inc., No. 3:02CV441 (U.S. District Court for the Eastern District of Virginia), May 28, 2003 Plaintiff’s attorney: Stacey Caldwell, Equal Employment Opportunity Commission, Richmond, Va. Defense attorney: Karla Grossenbacher, Seyfarth Shaw, Washington, D.C. INTELLECTUAL PROPERTY Microsoft infringed Web-based conferencing patent The Microsoft Corp. was hit with a $62,331,068 verdict for infringing on a patent for Web-conferencing software. A Virginia jury rendered the verdict on Nov. 14. Imagexpo LLC, a subsidiary of the Charlotte, N.C.-based SPX Corp., bought U.S. Patent No. 5,206,934 from Group Logic Inc. in 2002. The patent relates to real-time collaborative software that allows multiple users in separate locations to conference on a common screen. Imagexpo sued Microsoft, claiming that the software giant infringed the patent with its NetMeeting with Whiteboard versions 1.0-2x and 3 and the Buddy Browser feature of MSN 8 and 8.5. The jury found infringement in the NetMeeting with Whiteboard 1.0-2x and 3 versions, but not in the Buddy Browser. Case/Court/Date: Imagexpo L.L.C. v. Microsoft Corp., No. 3:02CV751 (U.S. District Court for the Eastern District of Virginia), Nov. 14, 2003 Plaintiff’s attorneys: Alan Fisch, Kelly Clement, Jason Foster Hoffman, and Coke Morgan Stewart, Howrey Simon Arnold & White, Washington, D.C.; Howard Dobbins and Robert Dean Perrow, Williams Mullen, Richmond, Va.; and John Weber, Baker & Hostetler, Washington, D.C. Defense attorneys: James Roberts, Henry Burt II, and Alan Wingfield, Troutman Sanders Mays & Valentine, Richmond, Va; and Michael Zachary and J. Christopher Carraway, Klarquist Sparkman, Portland, Ore. Editor’s Note: These jury verdicts were collected and reported by VerdictSearch, an American Lawyer Media affiliate serving lawyers in the D.C. area and nationwide. More information about these cases, as well as full reports on other verdicts and settlements, can be found in the VerdictSearch National Reporter or at www.VerdictSearch.com. For subscription information or jury verdict research call 1-800-832-1900. To submit a case, call (212) 313-9057, fax (212) 313-9145, e-mail [email protected], or use the form at www.VerdictSearch.com/submit.

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