On September 8, 2022, the Ninth Circuit Court of Appeals affirmed the reserved right of the Metlakatlan Indian Community to fish in the off-reservation waters where Metlakatlans had traditionally fished, and held that Metlakatlans are not subject to an Alaska statute creating a limited-entry program for commercial fishing. Metlakatla Indian Community v. Dunleavy, is significant because in deciding the case, the court applied familiar cannons of Indian law construction rarely seen in cases involving Alaska Tribes. Background As with most Indian-law cases, it starts with a history lesson. In 1867, the United States acquired what is now the state of Alaska from Russia for $7...
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Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the Patent Act—a provision concerning the effect of settlement during an America Invents Act (AIA) proceeding. The Court’s opinion construes the statute in ways that may be unexpected for parties who seek to settle inter partes review (IPR) petitions. Read on to understand why. Polaris sued NVIDIA Corporation for infringement of two patents. NVIDIA filed two IPRs, which matured to a final written decision of invalidity. Polaris appealed...
In a blockbuster deal A to Z, one of Oregon’s biggest wineries, sold to Ste. Michelle Wine Estates, the Woodinville, Washington-based industry giant. A to Z, along with its Rex Hill brand, joins Erath Winery in Ste. Michelle’s Oregon stable, which will be led by A to Z chief executive Amy Prosenjak as president of Oregon Brands. A to Z was founded 20 years ago by Tannahill, Cheryl Francis, Deb Hatcher and Bill Hatcher, all Oregon wine veterans. It grew to over 350,000 annual cases calling itself the “Essence of Oregon” and typically selling at under $20 a bottle. In an interview, Prosenjak said the deal will allow A to Z to take another big step...
Share your insights Schwabe and The Business Journals created a survey aimed at better understanding the current and future state of the healthcare industry in the Pacific Northwest...